Q: What if the driver who hit my child fled the scene on Halloween?
Hit-and-run accidents on Halloween are unfortunately common, particularly when the at-fault driver was impaired. If the fleeing driver cannot be immediately identified, your family may still recover compensation through your own uninsured motorist (UM) coverage. California law requires insurers to offer UM coverage on all auto policies. If the driver is later identified, they face criminal prosecution under California Vehicle Code § 20001 for felony hit-and-run causing injury, in addition to full civil liability for your child’s damages. An experienced attorney can work with law enforcement, review doorbell and traffic camera footage, and canvass witnesses to identify the at-fault driver as quickly as possible.
Q: How long do I have to file a claim if my child was injured in a Halloween accident?
For injured minors in California, the standard two-year statute of limitations under CCP § 335.1 is tolled until the child turns 18, giving them until their 20th birthday to file a lawsuit in most circumstances. However, there is a critical exception: if a government entity — such as a city, county, or Caltrans — bears responsibility for a dangerous road condition that contributed to the accident, a government tort claim must be filed within six months of the injury date, regardless of the child’s age. Failing to meet this shortened deadline permanently bars your family’s claim against the government. Contact an attorney immediately after the accident to identify every applicable deadline.
Q: Is a drunk driver who injures a child on Halloween automatically liable in California?
A DUI driver who strikes a child pedestrian on Halloween faces essentially automatic civil liability under California law. Driving under the influence violates California Vehicle Code § 23152, and that criminal statutory violation constitutes negligence per se — the jury presumes the driver breached their duty of care, leaving only the question of the extent of damages to be determined. In cases involving extreme intoxication, excessive speed, or prior DUI convictions, a court may also award punitive damages under California Civil Code § 3294. A criminal conviction obtained by prosecutors can be introduced as evidence in the parallel civil injury lawsuit, further strengthening your family’s position at trial.
Q: What types of compensation can my family recover after a Halloween pedestrian accident?
California law allows families to recover both economic and non-economic damages following a pedestrian accident. Economic damages include emergency medical treatment, hospitalization, surgery, specialist care, physical and occupational therapy, long-term rehabilitation, adaptive equipment, in-home nursing, and — for permanently injured children — the present value of projected future lost earnings. Non-economic damages encompass pain and suffering, emotional distress, loss of enjoyment of life, and a parent’s claim for loss of companionship. In cases of extreme recklessness — such as a repeat DUI offender — punitive damages under Civil Code § 3294 may also be available. Compass Law Group calculates the full lifetime value of your claim before any settlement discussions begin.
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Source: Compass Law Group | Car Accidents
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