You have certain rights as an injury victim in California, namely the right to file an injury claim for damages against whoever is responsible for your accident. But this also lends itself to many different scenarios. Sometimes, a minor is responsible for causing your injuries, which raises questions about how you can fully explore your rights.
Our team of California personal injury lawyers at Maison Law can help you in this situation. Contact us today for a free consultation to learn more.
Can You Sue a Minor in California?
While it’s true that everyone is responsible for their actions in California, when a minor child is involved, it changes things a bit. In terms of your options, you can file a claim when you’re hurt in an accident that’s caused by a child, just not against them directly.
Children generally aren’t held to the same legal standards as adults due to their age and level of maturity. However, there are situations where a minor can be held liable for their actions like:
- Car accidents – If a child or teenager drives a car without a license or distracts a driver and causes an accident, they’re liable.
- Bicycle accidents – If a child riding a bicycle recklessly collides with a pedestrian or another vehicle.
- Sports injuries – If a child’s negligent behavior during a sports activity causes injury to another player.
- Playground incidents – If a child pushes another child off playground equipment, resulting in injury.
- Property damage – If a child playing carelessly with a ball breaks a neighbor’s window or damages other property.
- Dog bites – If a child is responsible for handling a pet and fails to control it, leading to someone being bitten.
- Dangerous objects – If a child negligently handles a dangerous object, such as fireworks or tools, causing injury to someone.
Again, children can be liable for causing accidents, but they aren’t financially responsible. That falls on:
- Parents or guardians.
Obviously, this is a rather unique circumstance. So, it’s vital to understand these scenarios and what you can do.
What Damages Can You Get When a Minor Causes an Accident?
Procedurally, the claims process in California is still the same when a minor causes an accident.
As the victim of negligence, you have the right to file an injury claim to recover “damages.” You do this by either filing an insurance claim out of court or a personal injury lawsuit inside the court system.
Again, the only difference is that you would file against the minor’s parent or guardian, since they carry responsibility for their actions.
With your claim filed, you can potentially recover:
- Medical expenses
- Lost income or earning potential
- Repair/replacement costs for any damaged property
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Punitive damages, in cases of intentional negligence
The money you can get depends a lot on how well your lawyer argues your case and negotiates for you. It’s really important to act fast to meet legal deadlines and present your claim well. In California, you have two years from the date of the accident to file your claim. If you wait too long, you won’t be able to get any money for your injuries.
What Should You Do When a Minor Causes an Accident in California?
The easiest way to look at a legal situation where a minor causes an accident is to view them as the responsibility of their parent, guardian, or adult that’s supposed to be watching them. Still, you have to respond in the right way. Here’s what you should do when a minor causes an accident:
- Get medical help – Even if you don’t feel hurt, it’s important to see EMS responders on-site and visit an urgent care or hospital for further care.
- Record what happened – Take photos of where the accident occurred and any damage and injuries. Write down when, where, and how it happened.
- Find the parent – If possible, get contact details from the child’s parent or guardian for insurance purposes. This is also important for the child’s safety.
- Tell the authorities – Report the accident to local police to document it and get advice on what to do next.
- Keep evidence – Save any damaged items as proof and gather statements from witnesses if you can. Keep records of your medical care and conversations with authorities for legal purposes.
Each situation is different, and you might not be able to do all these steps right away. While it’s not a requirement to have a lawyer, having our team on your side in this unique situation can make everything easier.
Contact Maison Law After an Accident with a Minor in California
At Maison Law, our California personal injury lawyers have years of experience with helping injury victims. One benefit of our experience is that we’ve helped clients in all manner of situations, including where a minor causes the accident that injures them. If you or someone you care about has been hurt in this situation, we can help you. Contact us today for a free consultation to get the recovery process started.
