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Halloween Is Two Weeks Away. Here's What Keeps Me Up on October 31.

Halloween is one of my favorite nights in Omaha. Kids in costumes, porch lights on, whole neighborhoods out walking. It's also one of the most dangerous nights of the year to be a pedestrian, and the reason is simple: more children are on foot, in the dark, in places drivers don't expect, on the same night more drivers are impaired.

What NHTSA's numbers show

The National Highway Traffic Safety Administration tracks Halloween night specifically, which it defines as 6 p.m. on October 31 to 5:59 a.m. on November 1. According to NHTSA's Halloween safety data, from 2019 to 2024:

Every one of those numbers was somebody's child, parent, or friend.

Safe Kids Worldwide puts the risk to kids even more bluntly on its Halloween page: "Children are twice as likely to be hit by a car and killed on Halloween than on any other day."

Why trick-or-treat hours are so dangerous

Think about how a child actually moves on Halloween. They don't walk to the corner, wait, and cross. They go house to house, zigzagging across the street whenever the next porch light looks better than the one they're standing at. They step out from between parked cars and SUVs that hide anyone under four feet tall.

Now add the conditions. Trick-or-treating starts around dusk, which is the hardest light for a driver's eyes. Many costumes are black, dark purple, or dark green. Masks cut off side vision, so a child may not see a car coming from the left.

On the other side of the windshield are drivers coming home from work, parents shuttling kids between neighborhoods, and adults headed to parties. This year Halloween falls on a Saturday, so expect more parties and more people on the road late into the night.

For drivers: slow down and assume kids are everywhere

For families: be seen

A few more things I'd do as a parent:

What Nebraska law expects of drivers around children

Neb. Rev. Stat. § 60-6,109 says every driver "shall exercise due care... to avoid colliding with any pedestrian upon any roadway" and "shall exercise proper precaution upon observing any child." When a driver sees kids in costumes on the sidewalk, the law expects that driver to slow down and get ready for one of them to step into the street.

I've written more about the general pedestrian right-of-way rules in my post on Nebraska crosswalk law, and on my Omaha pedestrian accident page. Here I want to focus on the argument that shows up in almost every Halloween case.

"The kid came out of nowhere"

The insurer's usual story: the child ran out mid-block, in a dark costume, and no one could have stopped in time.

Nebraska law does say that a pedestrian crossing "at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles," under § 60-6,154. Adjusters lean on that hard. But a Nebraska Supreme Court holding noted on that statute's page says a violation "is not determinative of the degree of a pedestrian's negligence, if any." Crossing mid-block doesn't end the case. It's one fact among many.

Nebraska also uses comparative fault. Under § 25-21,185.09, any fault assigned to the injured person "shall diminish proportionately the amount awarded" but "shall not bar recovery" unless it is "equal to or greater than" the total fault of the people being sued. So the fight is over percentages, and the insurer wants a big one.

Here's how that argument gets answered:

If your child is hit

No amount of preparation guarantees safety, and a crash is never the child's "fault" for being excited on Halloween. If it happens:

If the driver was drunk or high, the criminal case is the state's case. Your family's claim for medical bills, pain, and the child's future is separate, and it's yours. If the driver fled or carried too little insurance, your own policy's uninsured and underinsured motorist coverage may help. I've written about what happens when a driver hits a pedestrian and never stops.

And if the worst happens, my heart goes out to you. A family's claim after a fatal crash is handled as a wrongful death action, and I treat those cases with the care they deserve.

The first 48 hours after a child is hit

The steps above are the basics.

Follow up on the medical side. Children can look fine at the scene and then get worse that night. Watch for headaches, vomiting, unusual sleepiness, confusion, or a change in behavior, and go back to the ER or call the pediatrician if you see them. Head injuries in kids deserve close attention; I explain more on my brain injury page.

Keep the costume. Don't wash it or throw it away. Bag it as it is. If it had reflective tape, a light-up piece, or bright colors, it's proof your child was visible.

Go back to the scene at the same time the next night. Take photos and video of the lighting from the driver's direction of travel. Note which porch lights and streetlights are on, where cars are parked, and how far you can see.

Make a list of every camera. Walk the block and note every doorbell camera, porch camera, and security camera that faces the street. Many systems overwrite footage within days.

Where the insurance money comes from for a child

Nebraska's minimum auto liability coverage is $25,000 for injury to one person and $50,000 for everyone hurt in one crash, under § 60-310. A child's serious injuries can cost far more than that. That's why it matters to find every layer of coverage early: the driver's policy, your family's own uninsured and underinsured motorist coverage, and any medical payments coverage on your policy.

There's one Halloween situation families often get wrong. Sometimes the driver is a parent or grandparent backing out of the driveway, and the child lives in that household. Families assume their own policy won't cover their own child. But § 60-310 says an auto liability policy "shall not exclude, limit, reduce, or otherwise alter liability coverage under the policy solely because the injured person making a claim is the named insured in the policy or residing in the household with the named insured." I've explained how similar claims work for injured passengers.

If health insurance or Medicaid pays your child's bills, they may ask to be repaid from any settlement. I explain how that works in my guide to medical liens and subrogation.

A hypothetical example

This is a made-up scenario, not a real case. At 7:15 p.m., a nine-year-old dressed as a ninja crosses mid-block between two parked SUVs. A driver going 33 in a 25 zone, glancing at a text, hits her. The insurer argues she crossed outside a crosswalk in a black costume, so she's mostly at fault. But a neighbor's doorbell camera shows a dozen kids on that block, every porch light on, and the car never braking until the last second. Under § 60-6,109, the driver had seen children and was required to take "proper precaution." Under § 25-21,185.09, even if a jury puts some share of fault on the child, it reduces her recovery rather than wiping it out, unless her share is equal to or greater than the driver's.

Mistakes that hurt Halloween injury claims

Why Omaha families trust me

When a child is hurt, parents need someone who will be patient with them and relentless with the insurance company. I document the injuries, chase down every recording and witness, and hold impaired and careless drivers fully accountable. My clients have recovered more than $23 million, including a $5.4 million result. Families have shared their experiences in many five-star reviews, and my firm was voted Best of Omaha for personal injury law in 2025 and 2026.

If your child or anyone in your family was hit while walking, talk to an Omaha pedestrian accident lawyer. Call me at (402) 378-9208 or reach out here. It's free to talk, and there's no fee unless I win.

Have a safe, happy Halloween.

Frequently asked questions

How dangerous is Halloween night for pedestrians?
The National Highway Traffic Safety Administration tracks Halloween night specifically, which it defines as 6 p.m. on October 31 to 5:59 a.m. on November 1. From 2019 to 2024, 201 people were killed in alcohol-related crashes on Halloween night, and 176 were killed in crashes involving a driver with a blood alcohol concentration of .08 or higher. 31 of the victims in those drunk-driving crashes were pedestrians.
What does Nebraska law expect of drivers around children?
Neb. Rev. Stat. § 60-6,109 says every driver "shall exercise due care... to avoid colliding with any pedestrian upon any roadway" and "shall exercise proper precaution upon observing any child." When a driver sees kids in costumes on the sidewalk, the law expects that driver to slow down and get ready for one of them to step into the street.
Can a child who ran out mid-block still recover in Nebraska?
Crossing mid-block doesn't end the case. It's one fact among many. Nebraska uses comparative fault: under § 25-21,185.09, any fault assigned to the injured person "shall diminish proportionately the amount awarded" but "shall not bar recovery" unless it is "equal to or greater than" the total fault of the people being sued.
Does our own auto policy cover our child if a family member was the driver?
Families often assume their own policy won't cover their own child. But § 60-310 says an auto liability policy "shall not exclude, limit, reduce, or otherwise alter liability coverage under the policy solely because the injured person making a claim is the named insured in the policy or residing in the household with the named insured."
This post is attorney advertising and general legal information, not legal advice. It does not create an attorney-client relationship. Every crash is different, and claims depend on the facts and available insurance — speak with an attorney about your situation. Past results do not guarantee future outcomes.

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Frank Younes

Every page on this site is written by Frank Younes, a Nebraska trial attorney with a published record of verdicts and settlements, selection to the National Trial Lawyers Top 100, and a practice that covers every county in Nebraska and Iowa. No case is handed to an associate — the lawyer you read here is the lawyer who works your case.

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