Few things are more terrifying than getting the call that your child has been hit by a car. In that moment, time stops—but the steps you take next matter deeply. Knowing what to do from emergency care to legal protection can help you advocate for your child’s recovery and secure the resources they’ll need to heal.
At Miller & Mallett, we’re parents, too, and we’ve helped countless Arkansas families through moments like this. Whether the driver was distracted, speeding, or simply failing to yield, your child deserves justice and care.
Here's what you should know if your child has been hit by a car.
1. Get Emergency Medical Help Right Away
- Even if your child appears “okay,” get them checked by a medical professional immediately. Children are more vulnerable to internal injuries and brain trauma, and signs of serious injury—like a concussion or internal bleeding—may not appear right away.
- Call 911 or head to the nearest ER, such as Arkansas Children’s Hospital or UAMS Health, to ensure a full medical evaluation. Medical documentation will also be essential if you need to pursue legal action later.
- The CDC reports that pedestrian injuries are among the leading causes of injury-related death for children in the United States (CDC).
2. File a Police Report and Document the Scene
- Always ensure the accident is reported to law enforcement. Ask the responding officer for the incident number and how to request a copy of the report. This document will include key details like the driver’s information, statements from witnesses, and the officer’s assessment of fault.
- If you’re able to, take photos of the scene of the accident and any visible injuries. Document skid marks, crosswalks, traffic signs, or signals.
- Gather information on the vehicle involved. Additionally, gather the names and phone numbers of any bystanders who witnessed what happened.
3. Keep Track of Medical Records and Expenses
- Hold on to every bill, test result, prescription, or discharge paper you receive. You may also want to keep a daily journal of your child’s physical and emotional recovery. These records can help paint a full picture of the impact the accident has had—and will continue to have—on your child’s life.
4. Be Cautious When Speaking With the Insurance Company
- Shortly after the accident, you may receive a call from the driver’s insurance adjuster. They may seem friendly, but remember, their goal is to minimize how much they pay out.
- Do not agree to a recorded statement, sign any documents, or accept a settlement without talking to a lawyer first. Once you accept an offer, you may lose the right to pursue further compensation, even if your child’s condition worsens later.
5. Understand Your Legal Rights Under Arkansas Law
- Arkansas is an at-fault state, which means the driver who caused the accident (and their insurance company) is financially responsible for the harm done. If your child was walking, biking, or playing near the street when struck, the driver may be held liable.
- You could be entitled to compensation for medical expenses (present and future), pain and suffering, and emotional trauma. You may also receive damages for permanent disability or disfigurement, loss of enjoyment of life, and parental lost wages (if you had to miss work for caregiving).
- Children under 14 are presumed incapable of contributory negligence in Arkansas, meaning it is generally not legally presumed they could be at fault for the accident (Ark. Code § 16-64-122).
6. Know the Statute of Limitations (and Exceptions for Minors)
- In most Arkansas personal injury cases, you have three years from the date of the accident to file a lawsuit. However, when the injured person is a minor, the clock may not start ticking until their 18th birthday, offering more time to pursue justice if necessary.
- Still, the sooner you gather evidence and build your case, the stronger your claim will be. Eyewitness memories fade, and camera footage can be erased—so don’t delay seeking legal help.
Your Next Step: Contact a Car Accident Attorney You Can Trust
When your child is hurt, you shouldn’t have to navigate the legal system alone. At Miller & Mallett, we’ll take the time to listen to your story, explain your options, and fight for the compensation your family needs to heal, without adding stress or extra costs. We don’t get paid unless you win.
We’ve helped Arkansas families recover after:
- School zone accidents
- Crosswalk or sidewalk injuries
- Hit-and-runs
- Drunk or distracted driver collisions
- Bicycle or scooter accidents
From negotiating with insurance adjusters to preparing for trial if needed, we’re here to carry the legal burden so you can focus on your child. We’re proud to be known as “The Firm with a Smile”—and we’d be honored to help your family through this difficult time.
If your child has been hit by a car, don’t leave your case to chance—or the insurance company. Let Miller & Mallett stand by your side and fight for what’s fair. Visit our welcoming office in a historic downtown Victorian mansion or contact us today to book your case evaluation.
