Children Hit by Cars — Special Claim Issues
When a child is struck by a car, the consequences are devastating. Children are especially vulnerable due to their size and visibility, and the emotional, legal, and insurance challenges parents face can be overwhelming.
In Alberta, child injury claims have special rules. The law recognizes that children may not understand traffic dangers and that adults — especially drivers — have a higher duty of care towards them.
Alberta injury lawyers with over a decade of experience — including defending insurers — understand how these claims are evaluated and how to protect families. This guide explains liability determination, the unique aspects of children's claims, and how to ensure full compensation for a child's future needs.
This guide covers:
Why Children Are at Greater Risk of Being Hit by Cars
Children are more likely to be struck by vehicles because they:
Risk Factors:
Special Legal Rules for Child Injury Claims
When a child is hit by a car, several legal principles apply differently than in adult claims:
Capacity and Fault
Alberta law recognizes that children can't be held to the same standard of care as adults. Children under 7 are generally presumed incapable of contributory negligence. Older children may share limited fault based on age, maturity, and understanding of danger.
Parental Representation
A parent or guardian must file the claim on the child's behalf as a 'litigation representative.'
Settlement Approval
Any settlement for a minor must be approved by the Court of King's Bench to ensure it's in the child's best interests.
Limitation Period Suspension
The standard two-year limitation period is paused until the child turns 18. However, early filing is still essential to preserve evidence.
Steps Parents Should Take After a Child Is Hit by a Car
Following these steps immediately after an accident can significantly strengthen your case and protect your child's rights to compensation.
Call 911 Immediately
Call 911 immediately — ensure police document the scene.
Seek Emergency Medical Care
Seek emergency medical care for your child, even if injuries seem minor.
Keep All Medical Records
Keep all hospital and diagnostic records.
Take Photos
Take photos of the scene, vehicle, and visible injuries.
Obtain Witness Information
Obtain witness contact information and the driver's details.
Avoid Speaking with Insurers
Avoid speaking with insurers until you've received legal advice.
Contact an Alberta Child-Injury Lawyer
Contact an Alberta child-injury lawyer quickly to secure evidence and manage communication with adjusters.
How a Lawyer Protects a Child's Future
Child injury claims require careful handling and expert forecasting. An experienced lawyer will:
Obtain Pediatric Medical Opinions
Obtain pediatric and psychological medical opinions to assess long-term prognosis.
Work with Economic Experts
Work with economic experts to estimate future income loss if the child's career potential is affected.
Ensure Comprehensive Support
Ensure all rehabilitation and educational supports are included in the claim.
Manage Court Approval
Manage court approval of settlements and hold funds in trust until adulthood.
Pursue Punitive Damages
Pursue punitive damages in extreme negligence or drunk-driving cases.
Frequently Asked Questions
Conclusion
When a child is hit by a car, no amount of compensation can erase the trauma — but the law provides tools to secure their medical care, education, and future security. Alberta's system recognizes that children deserve extra protection and that insurers must be held fully accountable.
Get immediate medical attention
Preserve all police and medical records
Avoid insurer communication
Contact a lawyer experienced in child injury claims
Still have questions? Contact us today — your consultation is free.
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