Can I Sue the Driver if My Child Was Hit by a Car While Trick-or-Treating?

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Key Takeaway:
Yes. If the driver who hit your child is proven to have been negligent, you can file a claim against them for damages.

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Halloween is one of the most exciting nights of the year for Texas kids—and one of the most dangerous for pedestrians. As streets fill with trick-or-treaters, drivers must take extra care to slow down, stay alert, and watch for children crossing between parked cars or running across the road. When they fail to do so, the consequences can be devastating.

Common Causes of Halloween Pedestrian Accidents

Even when parents take precautions, many pedestrian crashes happen because of unsafe driving habits, such as:

Speeding:
Drivers who fail to slow down in residential neighborhoods or near crosswalks have less time to react when a child darts into the road.

Drunk Driving:
Halloween parties often involve alcohol, and impaired drivers are a leading cause of pedestrian fatalities nationwide. A delayed reaction or reduced visibility can make all the difference in a split second.

Distracted Driving:
Checking messages, adjusting GPS, or even talking with passengers can take a driver’s attention off the road—just long enough to miss a child stepping into a crosswalk.

Proving Negligence After a Halloween Accident

In Texas, drivers have a duty of care to operate their vehicles safely and avoid harming others. When a driver violates this duty—by speeding, texting, or driving under the influence—they can be held legally responsible for the injuries they cause.

Evidence that may help prove negligence includes:

• Police and crash reports

• Eyewitness statements

• Surveillance or doorbell camera footage

• Medical documentation of your child’s injuries

A car accident lawyer can help collect and present this evidence to strengthen your claim.

Halloween Car Accident? Call Shaw.

No parent should have to watch their child’s night of fun turn into tragedy. If your child was injured while trick-or-treating anywhere in Texas, you may be entitled to compensation for:

• Emergency Treatment

• Medical Bills

• Pain and Suffering

• Lost Wages (for parents caring for an injured child)

• And More

Call Shaw today at 800-862-1260 to schedule your free case evaluation with an experienced San Antonio car accident lawyer. No fees. No pressure. Just expert legal advice when you need it most.

We look forward to serving you.