Intoxicated Driver Allegedly Strikes 13-Year-Old Crossing the Street in Brooklyn

What happens if your teen is struck while crossing the street in Brooklyn? Contact Cohan Law, PLLC for further guidance. When the injured victim is a child, the case requires more than a standard pedestrian accident claim. Our Brooklyn pedestrian accident lawyer can help families navigate infant tolling, court approval of any minor’s settlement, structured settlement options, school bus liability, drunk-driver liability, and all available insurance coverage.

13-Year-Old in Critical Condition After Being Struck by Alleged Intoxicated Driver in Brooklyn

On May 9th, 2026, CBS News reported that a 13-year-old had been struck and critically injured by an allegedly intoxicated motorist in Brooklyn. Officials say that the teen was crossing the street when the allegedly intoxicated driver approached and hit him. The impact threw the child to the ground, and a school bus subsequently ran him over.

The teen somehow survived the multiple impacts, and first responders managed to get him to a nearby hospital. That said, the child’s life will probably never be the same. Fortunately, both the school bus driver and the allegedly intoxicated motorist remained at the scene until police officers arrived. In many cases, drivers attempt to flee the consequences of these pedestrian accidents.

After arriving at the scene, police officers quickly began to suspect that the driver was under the influence. They then took him into custody and charged him with two offenses: Vehicular assault and DWI. It is unclear whether the teen was in a marked crosswalk or not at the time of the impact, although one would assume that CBS News would have mentioned this detail.

Note: Because the child was allegedly struck first by an intoxicated driver and then by a school bus, the civil case may involve more than one at-fault party and more than one insurance policy.

Can I Sue on Behalf of My Teen After They Were Struck While Crossing the Road?

Yes, you can file a personal injury lawsuit against the at-fault driver on behalf of your teen. More precisely, a parent or legal guardian can pursue the claim for the child because minors cannot litigate on their own. Children cannot file lawsuits on their own, and this responsibility falls instead to their parents or guardians. Unless the child is 18, they have no right to file a lawsuit.

Contact a lawyer to determine whether this type of lawsuit may be possible or advisable. A key detail may be whether your child had the right of way. In other words, it may be more challenging to pursue compensation if your child was jaywalking at the time of the crash (but by no means automatically impossible). New York is a comparative negligence state, which means you may be able to sue even if your child was partially responsible for their own injuries. Drivers still have a duty to use reasonable care around children and pedestrians, especially in dense Brooklyn neighborhoods where school buses, crosswalks, double-parked vehicles, and heavy foot traffic are common.

Minor’s Claims Have Special Procedural Rules in New York

New York law gives injured children special protection. Under CPLR § 208, the statute of limitations for a minor’s personal injury claim is generally tolled during infancy, meaning the child’s deadline does not run in the same way it would for an adult. In many cases, the child has additional time after turning 18 to bring the claim. However, families should not wait. Evidence such as surveillance video, witness statements, school bus records, police body-camera footage, dashcam footage, and vehicle data can disappear quickly.

There are also special rules for settlement. Under CPLR § 1207 and § 1208, a settlement involving a minor generally requires court approval through an infant compromise order. The court reviews the settlement to make sure it is fair and in the child’s best interests. The court may also decide how the funds should be held, whether in a restricted account, structured settlement, or another protected arrangement. Cohan Law can help parents prepare the required petition, medical documentation, attorney affirmation, proposed order, and settlement papers.

The School Bus May Be a Separate Defendant

The school bus should not be treated as a background fact. If the bus ran over the teen after the initial impact, the bus driver, bus owner, school bus contractor, employer, or public entity may need to be investigated. The key question is whether the bus driver had time and distance to see the child, brake, swerve, or otherwise avoid the second impact.

The applicable deadline depends on who owned or operated the bus. If the school bus was connected to the New York City Department of Education, a municipal agency, or another public entity, General Municipal Law § 50-e may require a Notice of Claim within 90 days. If the bus was operated by a private school bus contractor, the standard personal injury deadline may apply. Because this distinction can change the case immediately, Cohan Law can investigate the bus operator, ownership records, contract records, insurance coverage, GPS data, driver logs, onboard video, and maintenance records.

The Drunk Driver May Not Be the Only Responsible Party

The allegedly intoxicated driver is an obvious target of the claim. If the driver is convicted of DWI, vehicular assault, or another offense, that criminal case may become useful in the civil claim. However, the family should not wait for prosecutors to finish their case before protecting the child’s civil rights.

There may also be a dram shop claim. Under New York General Obligations Law § 11-101, a person injured by an intoxicated person may have a claim against a bar, restaurant, club, store, or other alcohol seller that unlawfully sold alcohol to the intoxicated driver when that intoxication caused the injury.

Dual Recovery Paths May Matter Be Available

A serious child injury case can easily exceed one insurance policy. The drunk driver may have limited bodily injury coverage. The registered vehicle owner may have separate coverage under New York vehicle-owner liability rules. The school bus operator may carry commercial coverage. A public entity may be involved. A dram shop defendant may have liability coverage. No-fault benefits may also need to be reviewed for medical bills and lost earnings, depending on the vehicles and household policies involved. That is why the investigation should focus on every possible source of recovery, not just the first driver who hit the child.

Key Takeaways

• Parents must sue on behalf of teens injured in New York pedestrian accidents
• Intoxicated or distracted drivers often strike children in the summer
• Speak with an experienced lawyer to discuss your legal options if insurance coverage seems limited
• Minor injury settlements in New York generally require court approval through an infant compromise order
• CPLR § 208 may extend the child’s filing deadline, but early evidence preservation is still critical
• The school bus may create a separate claim against a bus driver, owner, contractor, public entity, or insurer
• A Notice of Claim may be required within 90 days if a public entity is involved
• A dram shop claim may be available if a bar, restaurant, or other alcohol seller unlawfully served the intoxicated driver

Can a Brooklyn Pedestrian Accident Attorney Help Me?

During the summer months, young teens are more likely to explore on their own and play with their friends. Drivers have a legal responsibility to be wary of children in heavily populated Brooklyn neighborhoods, and you have every right to hold them accountable. Was your child struck while crossing the road in Brooklyn? Contact the Brooklyn pedestrian accident lawyers at Cohan Law, PLLC to discuss your next steps during a free-of-charge consultation.

Sources:

• cbsnews.com/newyork/news/brooklyn-suspected-dwi-driver-teen-struck/
• law.justia.com/codes/new-york/cvp/article-2/208/
• nysenate.gov/legislation/laws/GMU/50-E
• codes.findlaw.com/ny/general-obligations-law/gob-sect-11-101/