What to Do When Your Child is Hurt in a Car Crash Caused by Someone Else

 Posted on February 11, 2026 in Car Accident

Whether your child was riding in your vehicle, in someone else's car, or walking near the road when a driver hit them, the fear and anger most parents feel after their child is hurt in a car crash can block out everything else. Your first thoughts are about their safety and getting them the medical care they need. The next thing for most parents? Holding the person responsible to account.

If your son or daughter was hurt in a car accident in 2026 because of someone else’s negligence, your family deserves justice. Unfortunately, that doesn’t always mean you’ll get it automatically. The system is adversarial by design; getting through it successfully takes help from someone who will give you a voice and fight for your child's rights.

Having a San Jose personal injury attorney who is deeply connected to your local community is a first step in the right direction. Call Attorney Cory Fuller now.

What Should You Do Immediately After a Car Accident Injures Your Child?

Your first priority is always your child's health and safety. Call 911 immediately if you have not already. Even if your child seems okay at first, many serious injuries do not show symptoms right away. Head injuries, internal bleeding, and spinal damage can take hours or even days to become apparent.

Treat Your Child, Even if You Don't See Obvious Injuries

Insist that paramedics evaluate your child at the scene. Don’t be afraid to make a scene if that’s what it takes to get the attention your child needs. If first responders at the scene of the accident recommend taking your child to the hospital, go. Some parents hesitate because their child seems fine or because they worry about medical bills. Do not let cost concerns prevent you from getting your child checked out. Their health is more important than anything else, and you may be able to recover those medical expenses later.

At the hospital, make sure doctors know your child was in a car accident. Describe exactly what happened and any symptoms your child mentioned, no matter how minor they seemed. Sometimes children cannot articulate what hurts or they try to be brave and hide their pain. Watch for changes in behavior, complaints of headaches, dizziness, nausea, or unusual sleepiness.

Document Everything From the Start

While medical care is your first concern, gathering information at the scene helps protect your legal rights. If you are able, take photos of all vehicles involved, the accident scene, traffic signs or signals, skid marks, and any visible injuries your child has. Get contact information from the other driver including their name, insurance information, license plate number, and driver's license number.

If there are any witnesses who saw what happened, get their names and phone numbers. Witness statements can be critical evidence later, especially if the other driver or insurance company tries to deny fault.

How Do California Laws Protect Children Injured in Car Accidents?

According to the National Highway Traffic Safety Administration, over 150,000 children are injured in car accidents across the United States each year. Many of these injuries have long-term consequences that become more apparent as the child grows. A seemingly minor injury at age five might affect their physical development, academic performance, or emotional wellbeing for years to come.

California law provides special protections for children injured by someone else's negligence. Under California Code of Civil Procedure Section 352, children have until their 20th birthday to file a personal injury lawsuit for accidents that happened when they were minors. This extended statute of limitations recognizes that parents might not realize the full extent of their child's injuries immediately.

California law also allows parents to recover damages for their child's medical expenses and any long-term impacts on their quality of life. If the injury causes permanent disability or disfigurement, the compensation can include future medical costs and reduced earning capacity once the child reaches adulthood.

Beware of Insurance Companies After Your Child is Hurt in a Car Crash 

The other driver's insurance company will likely contact you soon after the accident. They may seem friendly and concerned about your child. They might offer a quick settlement to cover immediate medical bills, and might even apologize for the accident. Do not downplay your child’s injuries or accept any settlement offer before talking to a personal injury attorney.

Insurance companies are businesses focused on paying out the least amount possible. They know that parents are vulnerable right after their child is injured and may accept far less than their case is worth just to have money for medical bills. Once you accept a settlement and sign a release, you cannot go back and ask for more money later.

Contact a San Jose, CA Personal Injury Lawyer Today

The legal system can feel adversarial and confusing, but you do not have to face it alone. Fuller Law Firm serves local families with compassionate, dedicated representation. We offer free consultations and will help you understand your options for recovering compensation. Call Fuller Law Firm at 408-234-7563 to discuss your case with our experienced, friendly Palo Alto car crash injury attorney.