School zones are meant to be among the safest places for children, yet every year in Florida, preventable pedestrian accidents occur near schools. Children are especially vulnerable: they are smaller, harder for drivers to see, and may behave unpredictably when crossing streets. When a child is struck by a car in a school zone, the consequences can be devastating—and parents often feel overwhelmed and unsure of what their legal rights are.

This guide explains how Florida law protects children injured in school zones, who may be held liable, and what families can do immediately after an accident.


Why School Zone Accidents Happen in Florida

Despite flashing lights, reduced speed limits, and crossing guards, school zone crashes occur for several reasons:

  • Speeding in school zones
    Florida law requires drivers to obey reduced speed limits, often between 15–20 mph. Many drivers ignore them or fail to slow down in time.

  • Distracted driving
    Texting, using navigation apps, eating, or interacting with in-car touchscreens are leading causes of pedestrian crashes involving children.

  • Illegal passing or failure to yield
    Drivers may pass stopped school buses, ignore crosswalks, or fail to yield to children within marked crossing areas.

  • Visibility issues
    Smaller children can be hidden behind vehicles, landscaping, or crowds during drop-off and pick-up times.

When a driver fails to follow school-zone safety rules, they can be held legally responsible for the injuries that result.


Florida Laws Designed to Protect Children in School Zones

Florida has strict rules in place to keep students safe:

1. School Zone Speed Limits

Drivers must slow down during posted hours or when lights are flashing. Violating these limits can result in higher fines, points on a license, and potential civil liability if a child is injured.

2. Duty to Yield in Crosswalks

Under Florida Statutes §316.130, drivers must yield to pedestrians—especially children—within marked crosswalks. Failing to do so can create a strong presumption of negligence.

3. Stopping for School Buses

Florida requires drivers to stop when a school bus displays its stop sign and flashing red lights. Passing a bus when children are loading or unloading is both illegal and dangerous.

4. Enhanced Penalties for Violations in School Zones

Traffic violations that occur in a school zone often carry higher fines and may serve as powerful evidence of negligence in a civil lawsuit.


Legal Rights of Children Hit by Cars in Florida

When a child is struck by a vehicle in a school zone, the family may be able to pursue compensation through a personal injury claim. This can include:

ā— Medical expenses

Hospitalization, surgeries, rehabilitation, follow-up care, mobility devices, and future treatment.

ā— Pain and suffering

Children may suffer long-term emotional trauma, anxiety, or physical limitations.

ā— Loss of future earning capacity

Severe injuries can permanently affect a child’s ability to work later in life.

ā— Parental damages

Parents may recover for lost wages (if caring for their child), medical expenses they have paid, and other out-of-pocket losses.


Who Can Be Held Liable?

Multiple parties may be responsible depending on the circumstances:

1. The Driver

Most school-zone accidents result from driver negligence—speeding, distraction, or failing to yield.

2. The Driver’s Employer

If the driver was working (e.g., delivery driver, rideshare driver, contractor), their employer may share liability.

3. School Crossing Guards or School Districts

If inadequate supervision, poor traffic control, or unsafe crossing procedures contributed to the accident, additional claims may arise. These cases may involve Florida’s sovereign immunity rules and shorter notice deadlines.

4. Cities or Municipalities

Hazardous roadway design, malfunctioning school-zone lights, or missing signage may create liability for a government entity—again subject to strict statutory requirements.


Proving Fault in a School Zone Accident

Evidence is crucial, especially when injuries involve children. Useful evidence may include:

  • Surveillance or school-zone traffic camera footage

  • Witness statements from parents, teachers, and other drivers

  • Police reports and traffic citations

  • Vehicle black-box data

  • Cell phone records showing driver distraction

  • Accident reconstruction expert opinions

The earlier an attorney becomes involved, the easier it is to preserve critical evidence before it disappears.


What Parents Should Do After a School Zone Accident

  1. Seek immediate medical attention—even if injuries seem minor.

  2. Report the accident to law enforcement.

  3. Gather witness information and take photos or videos if possible.

  4. Document all medical treatment and symptoms over time.

  5. Avoid speaking with insurance companies before consulting an attorney.

  6. Contact a Florida personal injury lawyer experienced in child injury cases.


Why These Cases Require Skilled Legal Representation

Child-injury claims require careful handling, especially when dealing with:

  • Long-term medical needs

  • Future economic losses

  • Emotional and developmental impacts

  • Government or school district liability issues

  • Insurance companies attempting to minimize damages

An experienced Florida personal injury attorney can help families understand their rights, pursue compensation, and protect a child’s future.


Conclusion

A child being hit by a car in a school zone is every parent’s nightmare, but Florida law provides strong protections for young pedestrians. If your child has been injured, you do not have to navigate the legal process alone. A knowledgeable attorney can help you determine who is responsible and fight for the compensation your family needs to move forward.

Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.

J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo, P.A.
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