Child injured in a Texas car accident: car seats, claims for minors, court approval and deadlines

The short answer

Texas law requires a driver to keep a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, secured in a child passenger safety seat system according to the seat manufacturer's instructions (Tex. Transp. Code §545.412). When a child is hurt in a crash, a minor who has no legal guardian may sue through a "next friend", and a compromise of the child's suit that the court approves is binding on the child (Texas Rule of Civil Procedure 44). If a person is younger than 18 when a cause of action accrues, the time of that legal disability is not included in a limitations period (Tex. Civ. Prac. & Rem. Code §16.001). In Harris County, the District Clerk's court registry takes deposits of funds for a minor awarded in a district court case, held in trust until the child reaches 18 or until a further order of the court (Harris County District Clerk).

This guide provides general informational guidance and is not legal advice. It does not say whether a child has a claim, who was responsible for a crash, which deadline applies, or how any of these rules applies to a particular family; an attorney can tell you that.

Key facts (as of October 29, 2026)

• Car seats: younger than 8, unless taller than 4 feet 9 inches. The child must be secured in a child passenger safety seat system according to the manufacturer's instructions (§545.412(a)).
• Seat belts: younger than 17. A driver may not allow a child younger than 17 who is not required to be in a safety seat to ride without a safety belt, if the child's seat has one (§545.413(b)).
• A next friend can sue for a minor. Minors who have no legal guardian may sue and be represented by a next friend (Rule 44).
• The court approves a compromise. A next friend may compromise a suit or agree to a judgment with the court's approval, and once the court approves it, it binds the minor (Rule 44(2)).
• A guardian ad litem advises the court. The court must appoint one only if the next friend appears to have an adverse interest or the parties agree (Rule 173.2).
• Time under 18 is not counted. If a person is younger than 18 when the cause of action accrues, that time is not included in a limitations period (§16.001).
• Harris County: the District Clerk's court registry. The registry takes deposits of funds for a minor awarded in a district court case, held in trust until age 18 or a further court order (Harris County District Clerk).
• School districts are covered for motor vehicles. The Texas Tort Claims Act applies to a school district as to motor vehicles (§101.051).
• TxDOT data. TxDOT reports that "the number of children younger than 8 who were unrestrained at the time of a fatal crash in Texas grew from 30% to 40% between 2023 to 2024" (TxDOT, Car seats save lives).

What does Texas law say about car seats and booster seats?

Transportation Code §545.412 sets the child passenger safety seat rule. A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the seat's manufacturer.

The section also says:

• What counts as a safety seat. A "child passenger safety seat system" is an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems set by the National Highway Traffic Safety Administration (§545.412(f)(1)).
• What counts as a passenger vehicle. A passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers including the driver, truck, or truck tractor (§545.412(f)(2)).
• The penalty. The offense is a misdemeanor punishable by a fine of not less than $25 and not more than $250 (§545.412(b)).
• Exceptions. The section does not apply to a person operating a vehicle transporting passengers for hire (other than certain contracted nonemergency Medicaid transportation), or to a person transporting a child in a vehicle in which all seating positions equipped with safety seats or safety belts are occupied (§545.412(e)). It is a defense that the person was operating the vehicle in an emergency or for a law enforcement purpose (§545.412(c)).

A separate section, §545.4121, gives a defense when the driver later obtains an appropriate safety seat, but only if, among other conditions, the vehicle was not involved in a collision.

TxDOT's Child Passenger Safety page states the same rule in plain words: in Texas, children younger than eight years old must ride in a car seat or booster seat unless they are taller than 4 feet 9 inches, and older children who have outgrown a booster seat must be buckled with a seat belt. TxDOT lists common car seat mistakes, including choosing the wrong seat for a child's age and size, securing the harness or seat too loosely, and using the wrong seat belt path, and says it offers car seat inspections at its district offices across the state.

What does Texas law say about seat belts for children?

Transportation Code §545.413 has three rules that reach children and teenagers:

• The driver's duty for children younger than 17. A person commits an offense if the person operates a passenger vehicle equipped with safety belts and allows a child who is younger than 17 years of age, and who is not required to be secured in a child passenger safety seat system, to ride without being secured by a safety belt, provided the child is occupying a seat equipped with one (§545.413(b)).
• Passenger vans. A person commits an offense if the person allows a child younger than 17 who is not required to be in a safety seat to ride in a passenger van designed to transport 15 or fewer passengers without securing the child individually by a safety belt, if the child's seat has one (§545.413(b-1)).
• Passengers 15 and older. A person who is at least 15 years of age, riding in a passenger vehicle in a seat equipped with a safety belt, commits an offense if not secured by it (§545.413(a)).

§545.414 makes it an offense to operate an open-bed pickup truck or an open flatbed truck, or to draw an open flatbed trailer, when a child younger than 18 is occupying the bed, with listed defenses. That section also says compliance or noncompliance with its subsection (a) "is not admissible evidence in a civil trial." Among the sections this guide cites, that sentence appears only in §545.414; this guide does not say how any other safety rule is treated in a civil case.

Who brings a claim for a child?

Texas Rule of Civil Procedure 44 says minors who have no legal guardian may sue and be represented by a "next friend." Under Rule 44(1), the next friend has the same rights concerning the suit as a guardian has, but must give security for costs, or affidavits in lieu of security, when required.

The Family Code lists the rights and duties of a parent. They include "the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child" and the duty to support the child, "including providing the child with clothing, food, shelter, medical and dental care, and education" (Fam. Code §151.001(a)(7) and (a)(3)).

Whether a parent has a claim of the parent's own after a child is hurt, for example for medical expenses the parent paid, and how the deadline for such a claim is counted, are questions answered by Texas case law that this guide does not summarize. An attorney can explain how they apply. Our guide on who pays medical bills after a Texas car accident covers health insurance, PIP and medical payments coverage in general terms.

Does a court have to approve resolving a child's claim?

Rule 44(2) says a next friend, or the next friend's attorney of record, may with the approval of the court compromise suits and agree to judgments, and that such judgments, agreements and compromises, when approved by the court, "shall be forever binding and conclusive upon the party plaintiff in such suit" (Rule 44). Rule 44 speaks to suits brought by a next friend; this guide does not say whether or how court approval applies to a claim resolved without a suit.

The guardian ad litem

Rule 173 governs a guardian ad litem in these suits:

• When one is appointed. The court must appoint a guardian ad litem for a party represented by a next friend or guardian only if the next friend or guardian appears to the court to have an interest adverse to the party, or the parties agree (Rule 173.2(a)). The court may appoint one on any party's motion or on its own, by written order, and any party may object (Rule 173.3).
• The role. A guardian ad litem acts as an officer and advisor to the court, and must determine and advise the court whether the next friend or guardian has an interest adverse to the party (Rule 173.4(a) and (b)).
• When an offer is made. When an offer has been made to settle the claim of a party represented by a next friend or guardian, the guardian ad litem has the limited duty to determine and advise the court whether accepting the offer serves the party's interest (Rule 173.4(c); this is a paraphrase, and the rule states the exact standard).
• Limits. A guardian ad litem may take part in mediation, must take part in a court proceeding held to decide those questions, and must not take part in discovery, trial or any other part of the litigation unless further participation is necessary to protect the party's interest that is adverse to the next friend's or guardian's, and the court directs it in a written order stating sufficient reasons (Rule 173.4(d)).
• Compensation. If a guardian ad litem requests compensation, he or she may be reimbursed for reasonable and necessary expenses and may be paid a reasonable hourly fee for necessary services, and the court may tax that compensation as costs of court (Rule 173.6).

Rule 173 does not apply to a guardian ad litem appointment governed by a statute or other rules (Rule 173.1).

How is money recovered for a child managed?

Property Code chapter 142 covers how property recovered for a minor in a suit is managed. Sections 142.001 to 142.004 apply to a suit in which a minor who has no legal guardian is represented by a next friend or an appointed guardian ad litem. The chapter gives the court several options:

• Investment by decree. The court, on application and hearing, may provide by decree for the investment of funds accruing to the minor under the judgment (§142.001).
• A bonded manager. The court may authorize the next friend, the guardian ad litem or another person to take possession of money or other personal property recovered for the minor, but only after that person executes a bond payable to the county judge and conditioned on using the property under the court's direction for the minor's benefit (§142.002).
• Investment in listed accounts. Money not otherwise managed may be invested by the next friend or guardian ad litem, or by the clerk of the court on written order, in options the section lists, including a higher education savings plan, a prepaid tuition program, an ABLE account, and insured interest-bearing deposits (§142.004).
• A trust. Any court of record with jurisdiction to hear a suit involving a beneficiary, on application and a finding that creating a trust would serve the beneficiary's interests (a paraphrase; §142.005(a) states the exact standard), may direct the funds to a financial institution to be held in a trust for the minor. For a minor who is not considered disabled under the federal law the section names, the trust ends on the beneficiary's death, at an age stated in the trust, or on the beneficiary's 25th birthday, whichever occurs first (§142.005(b)(4)).

In Harris County: the District Clerk's court registry

The Harris County District Clerk's Court Registry says it is responsible for deposits of "Funds for a minor awarded in a District Court case, to be held in trust until the child reaches the age of 18 or upon further order of the court." The page says:

• a completed Form W-9 must be included for all deposits awarded to a minor;
• a beneficiary who has turned 18 and wishes to withdraw the funds can have the District Clerk's office prepare an order for disbursement, or this can be done through a private attorney;
• once a completed application is submitted, the office prepares the order and sends it to the court for the judge's review and approval, which takes about six to eight weeks on average, depending on the court's schedule; and
• minor funds that are unclaimed by the age of 21 are relinquished to the State of Texas or Harris County, depending on the amount, and funds sent to the State may be claimed from the State Comptroller's Unclaimed Property Division.

The office's Instructions for Withdrawing Minor Funds list the documents it needs, including an original birth certificate, Form W-9, the application, the motion, valid picture identification and a Social Security card, and say the office will not accept incomplete applications. The Court Registry is at 201 Caroline, Suite 170, Houston, TX 77002, (832) 927-5670. Our guide on looking up a case with the Harris County District Clerk explains how to find a case file.

How does the filing deadline work for a child?

Civil Practice and Remedies Code §16.003 generally requires a personal injury suit to be brought not later than two years after the day the cause of action accrues. §16.001 changes how that period is counted for a minor:

• a person is under a legal disability if the person is younger than 18 years of age, regardless of whether the person is married (§16.001(a)(1));
• if a person entitled to bring a personal action is under a legal disability when the cause of action accrues, "the time of the disability is not included in a limitations period" (§16.001(b));
• a person may not tack one legal disability to another to extend a limitations period (§16.001(c)); and
• a disability that arises after a limitations period starts does not suspend the running of the period (§16.001(d)).

Section 16.001 speaks to limitations periods for the person under the disability. It is separate from notice rules such as the Texas Tort Claims Act's notice requirement, and this guide does not say whether or how §16.001 affects any notice period or a parent's own claim. Our §16.001 reference entry prints the full text, and our guide to the Texas statute of limitations for injury claims explains the general two-year rule. An attorney can tell you how these rules apply to a specific situation.

What rules apply to a school bus crash?

Passing a stopped school bus

Transportation Code §545.066 says an operator on a highway, approaching from either direction a school bus stopped on the highway to receive or discharge a student, shall stop before reaching the bus when the bus is operating its visual signal, and may not proceed until the bus resumes motion, the bus driver signals the operator to proceed, or the visual signal is no longer actuated. There is an exception for a bus on a different roadway of a highway with separate roadways, and for certain loading zones on controlled-access highways; a highway separated only by a left turn lane is not considered to have separate roadways. The offense is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, and it is a Class A misdemeanor if the person causes serious bodily injury to another (§545.066(c)).

When a school bus is being stopped or is stopped on a highway to let students board or exit, the bus operator shall activate all flashing warning signal lights and other equipment designed to warn other drivers (§547.701(c)).

Seat belts and standing on school buses

• A bus operated by or contracted for use by a school district for the transportation of schoolchildren shall be equipped with a three-point seat belt for each passenger, including the operator, with exceptions, including when the district's board of trustees determines that the budget does not permit the purchase (§547.701(e)).
• A school district shall require a student riding a bus operated by or contracted for operation by the district to wear a seat belt if the bus is equipped with seat belts for all passengers (Educ. Code §34.013).
• A school district may not require or allow a child to stand on a school bus or passenger van that is in motion (Educ. Code §34.004).
• A school district shall report annually to the Texas Education Agency the number of collisions in which its buses are involved. The agency determines by rule what is reported, including whether the bus was equipped with seat belts and the number and types of injuries to bus passengers, and it shall publish the reports on its website (Educ. Code §34.015).

A school district is a governmental unit

The Texas Tort Claims Act defines a "governmental unit" to include a political subdivision of the state, including any city, county and school district (§101.001(3)). §101.051 says: "Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district." The Act covers personal injury proximately caused by the wrongful act or omission or the negligence of an employee acting within the scope of employment, if the injury "arises from the operation or use of a motor-driven vehicle or motor-driven equipment" and the employee would be personally liable to the claimant under Texas law (§101.021(1)), and a governmental unit is entitled to receive notice of a claim not later than six months after the day of the incident (§101.101(a)). Our guide to a crash with a Texas government vehicle and our Tort Claims Act reference entry explain these rules. A METRO bus is covered in our Houston METRO bus crash guide.

What if a child dies in a crash?

When a child dies, a wrongful death action is "for the exclusive benefit of the surviving spouse, children, and parents of the deceased," and those individuals may bring the action, or one or more of them may bring it for the benefit of all (Civ. Prac. & Rem. Code §71.004(a) and (b)). For an action for injury resulting in death, suit must be brought not later than two years after the day the cause of action accrues, and the cause of action accrues on the death of the injured person (§16.003(b)). Our wrongful death and survival reference entry prints chapter 71's main sections.

What records do families commonly keep after a child is hurt in a crash?

It can help to keep these in one place:

• The crash report, and the name of the agency that worked the crash
• Photos of the vehicles, the child's safety seat or booster, and where it was installed
• The safety seat's make, model and manufacture date label, and its instructions
• Names and contact details of any witnesses who spoke with you at the scene
• The child's medical records and bills, and records of school days missed
• For a school bus crash, the school district, the bus number and any notice sent, with the date and how it was sent
• Any court papers, orders or registry account numbers from a case filed for the child

Our guides on getting a Houston crash report and what to do after a car accident in Houston explain how to request the crash report.

Related guides

• Texas CPRC §16.001, minors and unsound mind: how the filing period is counted
• Crash with a City of Houston, Harris County or other government vehicle
• Texas Tort Claims Act: vehicle claims, the six-month notice and liability limits
• Who pays medical bills after a Texas car accident
• Texas seat belt law and injury claims
• Texas statute of limitations for injury claims
• Houston METRO bus crashes

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