School injury claims

School zones: walking and biking to school

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Near a posted school, California's default limit through 2030 is 25 mph while children are going to or leaving school (Vehicle Code § 22352), and cities may set 20 or 15 mph zones. Drivers must yield to pedestrians in crosswalks (Vehicle Code § 21950). City road-defect claims are due in six months.

School-zone speed limits in 2026

Under the version of Vehicle Code § 22352 in effect through 2030, the prima facie speed limit is 25 miles per hour when a driver is

"approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard 'SCHOOL' warning sign, while children are going to or leaving the school either during school hours or during the noon recess period."

(Vehicle Code § 22352). Cities and the County can go lower. Until January 1, 2031, a local authority may adopt a 20 mph limit in a school zone by ordinance or resolution (Vehicle Code § 22352.5). It may also set a 15 mph limit in a school zone on a residential street with a posted limit of 30 mph or less and no more than two lanes, and a 25 mph limit 500 to 1,000 feet from a school zone, once signs are posted (Vehicle Code § 22358.4). A later version of § 22352, operative January 1, 2031, sets a 20 mph limit in a school zone when a flashing-beacon sign is flashing, when a sign says "children are present" and they are, or during the hours posted on the sign.

These limits sit on top of the basic speed law: no one may drive faster than is safe for conditions (Vehicle Code § 22350). Drop-off and pick-up traffic, parked cars and children stepping out between them are exactly the conditions the basic speed law is about.

Crosswalks and crossing guards

Drivers must yield to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection (Vehicle Code § 21950; see our explanation). Cities and counties may provide for nonstudent school crossing guards to protect people crossing near a school (Vehicle Code § 21100). A missing guard does not excuse a driver; the driver's duties still apply.

Biking, scooting and skating to school

Riders under 18 must wear a properly fitted and fastened helmet meeting ASTM or CPSC standards on a bicycle, nonmotorized scooter or skateboard, or on in-line or roller skates, on a street, bikeway or public path (Vehicle Code § 21212). Whether a child wore a helmet can come up in an insurance claim, but it does not excuse a driver who was speeding or failed to yield.

Who may be responsible, and the deadlines

  • The driver: an injury claim against the driver and insurer, with a two-year lawsuit deadline (CCP § 335.1).
  • The city or County, if a dangerous condition of the street, sidewalk or crossing contributed, such as a broken signal or missing markings. That requires a Government Claims Act claim within six months (Gov. Code § 911.2); see our claims guide.
  • The school district, in limited situations, such as an unsafe drop-off area on school property.

Our pedestrian accident page explains fault and evidence in more detail.

Common questions

What is the speed limit in a Riverside County school zone?

Through 2030 the state default is 25 mph near a posted school while children are going to or leaving it (Vehicle Code § 22352). Local authorities may set 20 mph (Vehicle Code § 22352.5) or, on qualifying streets, 15 mph (Vehicle Code § 22358.4). The posted sign controls.

My child was hit in a crosswalk near school. Who pays?

Usually the driver's insurer first. If a city or County street condition contributed, a claim to that agency is due within six months (Gov. Code § 911.2).

Does not wearing a helmet ruin my child's claim?

No. Helmets are required for riders under 18 (Vehicle Code § 21212), and an insurer may raise it, but it does not excuse a driver who caused the crash.

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