Few things frighten a parent more than a child hurt by a car, and school zones, bus stops, and neighborhood streets are where it most often happens. When a driver strikes a child, New Jersey law gives that child strong protections, including a longer window to bring a claim.
Children are hit in predictable places and for predictable reasons. School zones at arrival and dismissal, bus stops, and residential streets see the most child pedestrian crashes, often when a driver is moving too fast or not watching closely.
Children are smaller and harder to see, and they may dart into the street without warning, which is exactly why the law expects drivers to slow down and stay alert around them. Early mornings and mid-afternoons around school hours are especially high-risk times on residential streets.
A driver who treats a school zone like any other road is not meeting that duty. Crossing guards, flashing signals, and lowered speed limits all exist because the risk to children in these areas is both real and foreseeable.
Drivers owe a high degree of care where children are present. Under N.J.S.A. 39:4-36, a driver must yield to pedestrians in a crosswalk, and reduced school-zone speed limits exist precisely because children behave unpredictably.
A driver is expected to anticipate that a child near a school or bus stop may step out suddenly and to drive in a way that accounts for it. Failing to do so is negligence, and it is often the heart of a child pedestrian claim.
Evidence such as the police report, witness accounts, and any nearby camera footage helps establish that the driver was not paying the attention the situation demanded.
New Jersey treats a child's claim differently from an adult's on the question of timing.
While most injury lawsuits must be filed within two years, that clock is generally paused for a minor until the child turns 18 under N.J.S.A. 2A:14-21, giving them until around age 20 to file.
This is one situation where a child's filing deadline is extended under New Jersey law, though acting sooner still preserves evidence and memories far better. A parent does not need to wait to protect a seriously injured child's claim.
A claim for an injured child can seek medical costs, the expense of future care, and the child's own pain and suffering. When an injury has lasting effects, the claim can also account for how it may limit the child's activities and opportunities as they grow.
Because a minor cannot bring a lawsuit alone, a parent or guardian pursues it on the child's behalf as guardian ad litem. The two-year clock that applies to adults does not run against the child during their minority, but a parent's own related claim can be subject to its own timing.
New Jersey also requires a court to review and approve any settlement of a minor's claim, a safeguard that helps ensure the recovery is fair and protected for the child. The court looks at whether the amount reasonably reflects the child's injuries and future needs before approving it.
Those funds are typically held for the child's benefit until adulthood, often in a court-supervised account or structured arrangement. This protects the recovery so that it is there for the child's future needs rather than spent before they reach 18.
The Budanitsky firm handles a child injury claim with the extra care it deserves, from proving the driver's fault to guiding a family through the court approval process.
Attorney Sander Budanitsky has represented injured New Jersey clients since 1996 and understands what these cases mean to a family.
The consultation with The Law Offices of Sander Budanitsky, L.L.C., is free, and you owe no fee unless there is a recovery.
How long do I have to file a claim after my child is hit by a car?
A minor's filing deadline is generally paused until the child turns 18, giving them until about age 20 to file. Acting sooner still helps preserve evidence.
Does a court have to approve a settlement for my injured child?
Yes. New Jersey requires court review and approval of a minor's settlement to make sure it is fair, and the funds are typically protected for the child until adulthood.
Reviewed by Sander Budanitsky, Esq., admitted to the New Jersey Bar in 1996.
Last reviewed: September 2026
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.
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