A 9-year-old pedestrian was injured Monday night, November 9, 2026, after being struck by a vehicle while crossing the roadway in Modesto. According to the Modesto Police Department, the collision happened near the intersection of West Roseburg Avenue and Amhurst Avenue. Authorities said a westbound vehicle hit the child as they were crossing.
The child was taken to a hospital for further medical treatment. Police said the injuries are not believed to be life-threatening. The driver stayed at the scene and has cooperated with investigators. Police also clarified that the child was on foot, not riding an electric bicycle, when the crash occurred.
Police have not released additional details about the vehicle or the circumstances that led to the collision, and the investigation is ongoing. We are glad the child’s injuries are not believed to be life-threatening, and our thoughts are with the child and their family.
Why Child Pedestrians Face Greater Risk
Children are among the most vulnerable people on our roads. A 9-year-old is smaller and harder for drivers to see, particularly at night, and may misjudge the speed or distance of an approaching vehicle.
Even a collision at moderate speed can cause fractures, head trauma, internal injuries, and lasting emotional effects. Some symptoms, including concussions and internal bleeding, may not be obvious right away, which is why a thorough medical evaluation matters after any pedestrian collision.
Beyond their size, children process traffic differently from adults. Most 9-year-olds are still developing the ability to judge how fast a vehicle is approaching and how much distance they need to cross safely, and they can be easily distracted by friends, a game, or a destination on the other side of the road.
Their smaller stature also makes them harder for drivers to spot, especially when they step out from behind a parked car or into poor lighting. This matters most as the days grow shorter in the fall, when more evening travel happens after dark.
Children’s bodies are also still growing, so an injury that might heal quickly in an adult can carry longer-term consequences for a child. These realities are part of why California law expects drivers to use heightened caution in areas where children may be present, such as residential streets, school routes, and neighborhood intersections.
California Law and a Driver’s Duty to Pedestrians
California law places a clear duty of care on drivers. Civil Code §1714 establishes that everyone is responsible for injuries caused by their failure to use ordinary care. Vehicle Code §21950 requires drivers to yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk.
Vehicle Code §21954 requires drivers to exercise due care for the safety of pedestrians even when they are outside a crosswalk. Vehicle Code §22350, the basic speed law, prohibits driving faster than is reasonable for conditions, including darkness and the presence of pedestrians.
Whether a driver breached these duties in the Modesto crash will depend on the facts the investigation develops. Those facts include the vehicle’s speed, the lighting, where the child was crossing, and whether the driver was paying attention.
California law imposes layered duties on drivers to protect pedestrians, and those duties apply whether or not a marked crosswalk is present. Under Vehicle Code §21950, a driver must yield the right-of-way to a pedestrian crossing in a marked crosswalk or in an unmarked crosswalk at an intersection, and must use all due care and reduce speed or take other action as needed to safeguard the pedestrian.
Many people do not realize that most intersections contain a legal crosswalk even when no lines are painted on the pavement. When a pedestrian is outside a crosswalk, Vehicle Code §21954 still requires the driver to exercise due care for the pedestrian’s safety, and it specifically recognizes the extra caution owed to children and others who may be vulnerable.
A driver’s obligation to watch for people on foot also does not disappear because it is dark or because the driver did not see the pedestrian in time. Under Evidence Code §669, a driver who violates a traffic safety statute such as these may be presumed negligent if the violation caused the injury, which can be an important starting point in a pedestrian injury claim.
Whether any of these provisions were violated in the Modesto collision will depend on what investigators learn about the child’s path, the driver’s speed and attention, and the conditions at the intersection.
How Fault Is Evaluated When a Child Is Involved
California follows a pure comparative fault system, meaning an injured person can recover damages even if they were partly at fault, with the award reduced by their percentage of fault. When the injured person is a child, the law does not hold them to an adult standard.
A child is generally measured against what a reasonable child of the same age, intelligence, and experience would do under similar circumstances. A child’s negligence claim is also not reduced by the carelessness of a parent or guardian.
When a child is injured, California courts evaluate fault through a different lens than they would for an adult. Under the state’s pure comparative fault system, established in Li v. Yellow Cab Co., an injured person’s compensation is reduced by their percentage of responsibility, but a child is not judged by adult standards.
Instead, a jury considers whether the child acted as a reasonable child of the same age, intelligence, knowledge, and experience would have under similar circumstances. For a 9-year-old, that means decisions like when to step into a roadway are weighed against what is realistically expected of a child that age, not what is expected of a grown pedestrian.
Very young children are often found incapable of negligence altogether, and while a 9-year-old can be assigned some share of fault, that share is typically modest when a driver had the greater ability to see and avoid the child. The law also does not reduce a child’s recovery because of a parent’s or guardian’s alleged lack of supervision, since a parent’s carelessness is not attributed to the child.
In practice, insurance companies sometimes try to shift blame onto injured children, which is one reason a thorough investigation matters. Evidence such as the driver’s speed, the lighting, any available video, and the position of the vehicle and the child at impact can all shape how fault is ultimately assigned in a case like the one in Modesto.
Deadlines for Filing a Claim
Under Code of Civil Procedure §335.1, most personal injury claims must be filed within two years of the injury. For a minor, the deadline is generally extended under Code of Civil Procedure §352 until the child turns 18, though families should never assume more time is available. If a claim involves a public entity, such as a dangerous roadway condition under Government Code §835, a written claim generally must be presented within six months. Speaking with an attorney early helps preserve evidence such as surveillance footage, vehicle data, and witness accounts, which can disappear quickly.
Damages Available to an Injured Child
A child injured in a pedestrian collision may recover economic damages, including emergency care, hospital bills, follow-up treatment, therapy, and future medical needs. Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life. Because a child’s injuries can affect them for many years, future care and long-term effects are an important part of the evaluation.
How Settlement Value Is Often Estimated
Two common methods help frame the value of an injury claim. The multiplier method takes the total economic damages and multiplies them, typically by a factor between 1.5 and 5 depending on the severity and permanence of the injuries. As a simple hypothetical, $40,000 in medical expenses multiplied by 3 would yield $120,000 in non-economic damages, added to the economic losses. The per diem method assigns a daily dollar value to the pain and recovery period, then multiplies it by the number of days of recovery. These are educational illustrations only, and every case depends on its own evidence and facts.
Any settlement of a minor’s claim in California must be approved by a court to ensure the child’s interests are protected, and the funds are often placed in a blocked account or structured arrangement until the child reaches adulthood.
A Message From Our Managing Partner
“When a child is hurt, the whole family is shaken. Parents are focused on their child’s recovery, and the last thing they should have to worry about is dealing with insurance companies. Our job is to carry that burden so families can concentrate on healing,” said Andy Gillin, Managing Partner at GJEL Accident Attorneys.
Local Resources for Modesto Families
The Modesto Police Department is located at 600 10th Street, Modesto, CA 95354, and its main line is 209-572-9500. For non-emergency dispatch, call 209-552-2470. In an emergency, always call 911. Traffic collision reports generally take at least five working days to become available, and longer when injuries are involved. Families can call the Traffic Accident Reports line at 209-572-9580 or review the department’s records page at modestogov.com/274/Modesto-Police-Records. Reports involving juveniles may require additional approval before release. The Modesto Police Traffic Unit can be reached at 209-342-9137.
Speak With a Modesto Pedestrian Accident Attorney
If your child or a loved one was injured in a pedestrian collision, you do not have to face the process alone. GJEL Accident Attorneys has more than 40 years of experience and has recovered over $950 million for injured Californians. We work on a contingency fee basis, which means you pay nothing unless we win your case. Call 1-855-508-9565 or visit gjel.com for a free consultation.
