A 9-year-old child 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 and was 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.
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, and 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.
How Fault Is Evaluated When a Child Is Involved
California follows a pure comparative fault system, which means an injured person can recover damages even if they were partly responsible, 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 negligence claim by a child is also not reduced by the carelessness of a parent or guardian.
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.
