School zones are meant to be safe havens for children—but when pedestrian accidents occur near schools, the consequences can be devastating. In California, determining who’s legally responsible for a child’s injury in a school zone involves a complex mix of traffic laws, duty of care principles, and comparative fault rules. Whether the accident involves a distracted driver, a poorly marked crosswalk, or a child darting into traffic, understanding liability is key to securing justice and compensation.
Below, we explore the most common causes of school zone pedestrian accidents, who may be held responsible, and what families need to know when pursuing a claim.
Common Causes of School Zone Pedestrian Accidents
School zones are high-risk areas due to:
- Heavy foot traffic during drop-off and pick-up hours
- Distracted driving (e.g., texting, GPS use)
- Speeding or failure to yield at crosswalks
- Poor signage or faded crosswalk markings
- Lack of crossing guards or supervision
- Children’s unpredictable behavior, such as running into the street
Even with reduced speed limits and flashing lights, accidents still happen—often due to driver negligence or infrastructure failures.
California Laws Protecting Children in School Zones
California enforces strict traffic laws in school zones to protect young pedestrians:
- Speed limits: Typically 25 mph, but may drop to 15 mph near some schools
- Yielding at crosswalks: Drivers must stop for pedestrians in marked and unmarked crosswalks (CVC § 21950)
- Stopping for school buses: All traffic must stop when a bus displays flashing red lights and an extended stop sign (CVC § 22454)
- Three-foot rule for bicyclists: Drivers must give cyclists at least three feet of space when passing
Violating these laws can result in fines, license points, and civil liability if an accident occurs.
Who’s Liable When a Child Is Hit in a School Zone?
1. The Driver
In most cases, the driver is liable—especially if they were:
- Speeding
- Distracted
- Failing to yield
- Driving under the influence
- Ignoring school zone signage
California law holds drivers to a heightened duty of care in areas where children are present. If a child is lawfully crossing and is struck, the driver is typically considered negligent3.
2. The School District or Municipality
Liability may extend to the school district or city if:
- Crosswalks were poorly marked
- Traffic signals malfunctioned
- No crossing guards were present despite known risks
- Complaints about unsafe conditions were ignored
Claims against public entities must be filed within six months under California Government Code § 911.2.
3. Third Parties
Other parties may share liability, such as:
- Construction companies blocking visibility
- Bus operators failing to follow safety protocols
- Private security or traffic control personnel acting negligently
Each case requires a detailed investigation to identify all contributing factors.
Comparative Fault and Children
California follows a pure comparative negligence rule. However, courts treat children differently:
- Young children (under age 5–7) are generally presumed incapable of negligence
- Older children may share fault depending on age and maturity
- Courts consider whether the child acted reasonably for their age
For example, a 6-year-old who runs into the street may not be held responsible, while a 13-year-old ignoring a crossing signal might share liability.
Real-Life Example
A 9-year-old student in Sacramento was struck by a car while crossing at a faded crosswalk near her elementary school. The driver was texting and failed to yield. The family’s attorney filed claims against:
- The driver (negligence)
- The city (failure to maintain crosswalk visibility)
- The school district (lack of crossing guard)
The case settled for $1.2 million, covering medical expenses, future care, and emotional damages.
What to Do After a School Zone Pedestrian Accident
If your child is injured:
- Seek medical attention immediately
- Report the incident to police and school officials
- Document the scene with photos and witness statements
- Request traffic camera footage, if available
- Consult a California pedestrian accident attorney experienced in school zone cases
Prompt action helps preserve evidence and ensures compliance with legal deadlines.
Compensation Available
Victims may be entitled to:
- Medical expenses (past and future)
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Future educational or care needs
- Wrongful death damages, if applicable
Settlements vary based on injury severity, liability, and insurance coverage.
Final Thoughts
School zone pedestrian accidents involving children are heartbreaking—and often preventable. California law provides strong protections for young pedestrians, but securing justice requires understanding liability, acting quickly, and working with skilled legal counsel. Whether the fault lies with a distracted driver, a negligent municipality, or a lack of supervision, families have the right to pursue compensation and accountability.
References
- Padilla Law Group. (2024). School Zone Safety: Protecting Children and Obeying CA Laws
- Law Offices of Larry S. Buckley. (2023). School Zone Safety: Preventing Pedestrian Accidents in California
- Helbock Law. (2023). Who Is Liable in a California Pedestrian Accident?
- The Bad Pod. (2025). Children and School Zone Pedestrian Accidents: Who’s Liable When a Child Is Hit?
- TJ Ryan Law. (2025). Exploring Liability in California Pedestrian Accidents
