Can I Sue if My Kid Was Hit By a Car Trick or Treating?

 Posted on October 11, 2025 in Personal Injury

Halloween is almost here again. The streets in Illinois will soon be filled with thousands of youngsters going door-to-door asking for tricks or treats. Although Halloween is an endearing and time-honored tradition for many families, being out on the sidewalks and in the streets after dark has serious risks. Some families find themselves facing tragedy at the end of the night.

If your child was hurt during Halloween activities, you have the right to answers. At Mevorah & Giglio Law Offices, our Lombard, IL pedestrian injury lawyers help parents of injured children pursue meaningful damages, making sure careless people are held accountable and preventing future incidents.

Do Trick or Treaters Have the Right of Way?

When children out trick-or-treating are on sidewalks, crossing the road at designated intersections, and otherwise following the rules, they have the right of way. Kids who are hurt through no fault of their own by careless drivers – especially people who are driving drunk or under the influence of drugs – have the right to seek damages in a lawsuit or an insurance claim.

Where things sometimes get tricky is when older kids and teens are being careless themselves. Children rarely understand how difficult it can be for cars to see them, especially at night, and they may assume that drivers are automatically looking out for them when they walk in the road during trick or treating.

Even if you think your child’s behavior may have contributed to their injuries, you should still talk to a lawyer. In Illinois, you can still recover damages even if you share responsibility for an incident, as long as your responsibility is less than 51 percent.

Common Injuries on Halloween Night

The most serious injuries on Halloween are suffered by kids who get hit by cars. In addition to urgent care, these victims can be left with serious, long-term medical needs, including pain management, rehabilitation, and assistive devices like wheelchairs and prosthetics. In the worst cases, children die from their injuries.

Kids can be injured on Halloween night in many other ways besides being hit by a car. Other common injuries we see on Halloween include:

• Injuries from issues with unsafe properties, like broken sidewalks and porch railings

• Dog bites

• Attractive nuisance injuries from trampolines and swimming pools

• Fights and assaults

• E-scooter and e-bike injuries

No matter how your child was injured, talking to an attorney is a good idea. You may have options for pursuing damages that you do not yet realize.

Call Our Naperville, IL Personal Injury Lawyer

If your child was hurt while out with friends on Halloween, find out about your options by calling Mevorah & Giglio Law Offices at 630-932-9100 and speaking with a Lombard, IL childhood injury lawyer. We have helped families recover large settlements and get the help they need to move forward.