WICHITA, Kan. -

A child is still in critical condition after a moped accident in north Wichita Monday.

It happened near 10th and Waco around 12:35 p.m . Wichita police say a dad and his 4-year-old daughter were on the moped traveling northbound when it collided with a truck going southbound.

Police say it appears the driver of the truck tried to turn east and that's when it collided with the moped.

The child was taken to Via Christi St. Francis with life-threatening injuries. Eyewitnesses say she was thrown about 10 feet from the moped. Her father's injuries were not as severe. He was treated for minor injuries.

"It kind of breaks your heart, you know a little kid getting hurt like that," Eyewitness Enrique Cortez said.

Cortez said witnesses were unable to do much before emergency crews could arrive, not wanting to risk hurting the child more after the crash.

Cortez and Ron Renteria were going to lunch at a nearby restaurant when they saw the accident. "The baby was just laying there and you know you want to get to it they told him not to move her until the ambulance gets here," said Cortez.

"When she was laying on the ground, her helmet was off, her face was on the ground and her hands were behind her," said Renteria.

Police say the impact knocked the helmet off the girl and they do not believe the father was wearing one. "He was injured too. His left leg was kind of banged up pretty good," said Renteria. "He tried to get up a couple of times but the fire department restrained him and put him back down."

The intersection was busy with people going to lunch and it was a difficult sight for eyewitnesses. "It kind of breaks your heart, you know a little kid getting hurt like that," said Cortez.

As Renteria and Cortez watched paramedics load the little girl on to a stretcher and take her away they could only think of one thing. "My own grandkids," said Renteria. "It's tough. I don't think these things need to be on the street anyway. They're so hard to see."

Eyewitness News asked police if it is legal to have a 4-year-old on a moped. Their repsonse was that in a vehicle, a child that age is required to be in a car seat.

FactFinder 12 checked into state laws regulating mopeds.

A moped with 130 cc or less is required to be registered with the state, but the owner does not need insurance. Riders who are under 18 are required to wear a helmet, and are also required to have a drivers license. However, they do not need a motorcycle license. If the moped is 130 cc or greater, it is treated the same as a motorcycle.

In an article by the KHP, they discuss unconventional vehicles and what is legal and illegal. To find out what the difference is between Scooters, Mopeds and other vehicles go to the DMV website here.

The intersection where the accident happened was closed for most of the morning, but it open as of 3:30 p.m.