Several people may hold the records
What to Do After a Child Is Hit Near School
30-second answer
Get medical care first. Write down the exact route, place, and time. List every possible record holder. Save original photos, clothing, helmet, bicycle, and school messages. Keep the child's identity, medical information, and daily schedule private.
Reviewed by Arta Wildeboer, California attorney (Bar #286995) · Updated
Do this now
- 1Get appropriate medical care. Save discharge papers, follow-up instructions, bills, and a dated symptom and school-absence record.
- 2Record the exact route, location, time, signals, markings, crossing-guard position, parked vehicles, lighting, weather, and sightline obstructions from safe locations.
- 3List possible record holders, including the school, district, bus operator, crossing-guard provider, city, police, nearby properties, and private camera owners.
- 4Preserve original photos, video, messages, clothing, shoes, backpack, helmet, bicycle, scooter, damaged parts, receipts, and relevant device data without editing, repair, testing, or disposal.
- 5Keep the child's identity, medical details, route, and schedule private. Act promptly to identify short-retention video and records. When possible, get advice about the correct custodian and wording.
Avoid this
- Do not stand in traffic or recreate the incident to take photos.
- Do not assume the school, city, camera owner, or police automatically preserved every record.
- Do not post the child's medical records, identity, daily route, or legal strategy publicly.
Save these
- Exact address, intersection, route, direction, date, and most reliable known time
- School attendance, arrival, dismissal, transportation, nurse, and incident information
- Crossing-guard, bus, school, traffic-signal, roadway, complaint, and camera records that may exist
- Witness names and contact information voluntarily provided
- Original photos, video, phone files, school-app messages, emails, and insurer communications
- Bicycle, scooter, helmet, backpack, shoes, clothing, lights, and damaged parts
- Medical records, bills, restrictions, school absences, accommodations, and activity changes
- A custodian log showing each request, date, delivery method, response, and follow-up
Common questions
Does the school automatically have video?
No. Camera coverage, direction, quality, access, and retention vary. Identify likely custodians promptly. A preservation request asks a holder not to delete material; it does not compel production or replace a subpoena.
Is the school or city automatically responsible?
No. A school-zone location does not by itself establish control, notice, fault, or causation. The people, property, records, and conduct involved require investigation.
What if a public school or city may be involved?
A California personal-injury claim against a public entity generally must be presented within six months after accrual. The correct entity, date, exceptions, and minor-specific procedures depend on the facts. A records request, preservation letter, incident report, or insurance notice does not replace the government claim or extend its deadline. Get advice promptly.
What if police did not make a report?
Preserve the incident number and agency response. School, witness, medical, insurance, camera, and other reporting records may still matter.
Should I post online to find witnesses?
Protect the child's privacy first. A public post can expose identity, medical details, route, schedule, or strategy. Get advice before sharing details.
Want more detail?
Read the full explanation
Child Hurt Walking or Biking to School in California?Official resources
- California Office of Traffic Safety: Pedestrian Safety (opens in a new window)
- California DMV Driver's Handbook: Navigating the Roads (opens in a new window)
- California Government Code section 911.2 (opens in a new window)
- California Government Code section 911.4 (opens in a new window)
- California Government Code section 911.6 (opens in a new window)
- California Government Code section 945.4 (opens in a new window)
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