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    My Child Was Hit by a Car While Trick-or-Treating. What Are My Legal Rights in Virginia?

    kids walking along road on halloween

    A Night of Trick-or-Treating That Ends in an Ambulance

    Let’s say, as an example, it’s 6:15 p.m. on Halloween in a residential Norfolk neighborhood, and seven-year-old Liam is on his fourth street of the night. Porch lights are on, and the bars a few blocks away are already filling up.

    He’s a ninja this year, dressed in a black hoodie, black pants, and a mask that covers everything but his eyes. His mom is a step behind with the flashlight and the backup candy bag.

    They reach the corner and start across the street. It’s a quiet residential road with a 25 mph limit and no crosswalk paint, just the end of the sidewalk on each side.

    Liam, excited for the next house, is a few steps ahead of his mom when a car comes down the street way too fast. The driver is heading home from a bar, where he’s been drinking since happy hour. He doesn’t see the small boy in black, and he doesn’t brake in time. The car strikes Liam, and he falls to the street.

    Neighbors call 911. Liam goes to the hospital by ambulance with a broken leg and a concussion. The leg needs surgery and a cast for weeks. He misses school, then physical therapy starts.

    The officer smells alcohol on the driver and arrests him for DUI. His breath test comes back at 0.17, more than twice the legal limit. Two days later, his insurance adjuster calls Liam’s mom anyway. He’s friendly. He asks if she’d give a recorded statement, and mentions that kids in dark costumes can be hard to see when they “dart out” into the street.

    His mom keeps replaying the incident in her head. Then the questions start, “was it our fault for letting him wear black?”

    Why Families Trust Our Law Firm

    For nearly 40 years, attorney Richard Serpe has helped families through some of the hardest moments of their lives, and much of that work has been on behalf of children. He was named Best Lawyers’ Personal Injury “Lawyer of the Year” in Norfolk for 2020 and 2027, and has been recognized by Super Lawyers since 2006.

    Attorney Ashley Strandjord, also handles serious car accident and injury cases. She prepares every case meticulously, digging into the facts and medical evidence to understand exactly how an injury has changed a client’s life, and she makes sure families always know what’s happening with their case.

    Here’s what our lawyers bring to your family’s case:

    • Experience with child injury cases in Virginia. A child’s personal injury case is different from an adult’s. Injuries can affect how a child grows, learns, and plays, and the full scope isn’t always clear right away.  Richard and Ashley make sure those future needs are considered.
    • Someone protecting your family’s rights. Once you hire us, the insurance companies have to go through us to get to you.
    • An answer when the blame shifts. Insurers often bring up dark costumes or kids who “dart out.” Virginia law gives young children strong protection.
    • Protecting your child’s settlement. In Virginia, a child’s settlement must be approved by a court. This may include setting up an annuity or trust to protect the money until your child is older.

    The consultation is free and you pay no legal fees unless we win your case.

    Halloween Is 10 Times Riskier for Young Children

    Researchers published a study in JAMA Pediatrics that looked at 42 years of federal crash data, from 1975 to 2016. They compared pedestrian deaths between 5 p.m. and midnight on Halloween with the same hours one week before and one week after.

    Here’s what they found:

    • Pedestrian deaths were 43% higher on Halloween evenings than on comparison evenings.
    • For children ages 4 to 8, the risk was 10 times higher.
    • On average, each Halloween meant four additional pedestrian deaths across the country.
    • The risk peaked around 6 p.m., right in the middle of trick-or-treating.

    Why? Researchers pointed to the most likely reasons including, excited kids, dark costumes, masks that limit vision, and more adults drinking on Halloween night.

    Last Halloween, a child was hit by a car while trick-or-treating in Colonial Heights and was hospitalized with serious injuries. Initially, the driver was charged with reckless driving. After the results of a blood sample, police charged her with DUI, felony maiming, and child endangerment.

    Statewide, the Virginia DMV reported 497 crashes, including those with pedestrians, on Halloween 2024, with four deaths and 29 serious injuries. In Virginia, 14 of the 31 traffic deaths over the 2024 Halloween weekends involved alcohol, according to DMV data reported by Drive Safe Hampton Roads.

    Contact Our Virginia Car Accident Lawyers

    If a driver hurt your child on Halloween, you don’t have to sort this out alone. The Law Offices of Richard J. Serpe, PC can explain your family’s options. Call 757-233-0009, use our chat, or email us to discuss your situation. We don’t charge legal fees unless we win your case.