How Do I Sue If a Delivery Driver Hits My Child?

 Posted on November 04, 2026 in Delivery Driver Accidents

When a child is injured after being struck by a delivery vehicle, their parents may want to take legal action against the responsible party. Texas law requires an adult to bring a lawsuit on behalf of a minor.

If your child was hit by a delivery driver in 2026, a Dallas, TX delivery vehicle accident attorney can explain your legal options and help you pursue compensation for your child's injuries.

Who Can File a Lawsuit for a Child Hit by a Delivery Driver in Texas?

A minor in Texas sues through an adult called a "next friend," who is usually a parent. The parent or next friend files the case, makes decisions about it, and works with the attorney. The claim itself still belongs to the child, though.

The same accident can often result in two kinds of claims.

The Child’s Claim

This claim covers the child’s own losses. It can include physical pain, emotional distress, scarring, and any lasting impairment. It may also cover medical costs the child will need after turning 18, such as future surgeries, therapy, or physical accommodations.

The Parents’ Claim

The adult paying for the medical care for their child can also have a claim. Parents in Texas can usually recover the medical bills they pay for their child’s post-accident care until the child turns 18.

Parents wishing to recover damages after their child is hit should speak to their lawyer about both claim filing processes.

Who Is Responsible When a Delivery Driver Hits a Child in Texas?

The delivery driver is usually responsible for hitting a child. Texas law puts a specific duty on drivers around children. Texas Transportation Code Section 552.008 says a driver must use due care to avoid hitting a pedestrian. It also requires the driver to take proper precautions upon seeing a child on a roadway.

The driver isn’t the only party who may be responsible, however. A delivery company can be held liable for accidents its employees cause while they’re working. It may also be responsible for its own choices, such as:

• Setting delivery quotas that push drivers to rush through neighborhoods
• Requiring drivers to check handheld scanners or apps while moving
• Hiring drivers with poor records or skipping safety training

Some companies, including Amazon and FedEx Ground, use contractor businesses to run their routes. Still, the hiring company may be liable, especially if it dictated schedules or other aspects of the shift.

An insurer could try to argue that your child contributed to the accident by running into the street without looking. But fault is not assigned to children the same way it is to adults. Children under five years old cannot be found negligent. The actions of older children will be weighed against what a reasonable child of their age would have done in the same situation.

How Long Do You Have to Sue After a Delivery Driver Hits Your Child in Texas?

Most Texas personal injury claims, including the parent’s claim for medical expenses, must be filed within two years (Texas Civil Practice and Remedies Code Section 16.003). If a child wants to file their own claim, they have until they turn 18 before the two-year limit begins (Texas Civil Practice and Remedies Code Section 16.001). In practice, that gives the child until age 20 to file.

The sooner you can file, the better it often is for your case. If you wait to file for any reason, make sure to preserve relevant evidence in a safe place that you will remember.

How Does a Settlement Work for an Injured Child in Texas?

Texas courts typically review and approve a settlement for a minor before it becomes final. A judge may appoint a guardian ad litem, an independent person who looks out for the child’s interests in the settlement, to the case.

Money awarded to a child is often held in the court’s registry or a trust until the child turns 18. The parents’ share for medical bills will be paid to them directly.

Call a Dallas, TX Pedestrian Accident Attorney Today

Trying to navigate the legal system on behalf of your child can be daunting. Our Dallas, TX delivery vehicle accident lawyer will help you the whole way through with building a case and following the proper procedures for all claims.

Call Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C. at 469-461-4870 today for a free consultation.