Look at the roads from a child’s point of view, lots of motor vehicles driving at high speeds and lots of noise. They’re a scary place, and a no place a child would want to play. However, when on their way home from school or playing outside their home – most children are faced with the possibility of crossing a road.
When we talk about children we mean those who are still at primary school. Sometimes at primary school parents do let their children walk home, especially if the school is local and not a far walk. Or even if their parents pick them up they often wonder off in front with friends or lag behind. Whatever the situation it is important that all drivers take into account the possibility of a child running out in from of them.
I remember when I was walking home with my mum from primary school one day, I think I was about 8 years old. We used to have to wait and cross with the lolly pop lady; however this day I saw my friends at the other side of the road and to my mum’s horror (who was walking a little behind) I ran straight out, without looking in front of this van. Luckily for me and my mum the van saw me and managed to stop.
Apart from the good telling off I got from both my mum and the lolly pop lady, I managed to escape without any injury. The worst injury I had was the humiliation of been yelled at by my mum in front of my school friends. Luckily that memory has stuck with me for over 12 years, and ever since then I’ve always crossed roads in the safest way possible.
Unfortunately, others aren’t always so lucky. In some cases when children run out vehicles don’t always see them, or because of the speed they are travelling at fail to stop. If a child and a motorist do become involved in a road traffic accident (RTA) then a court must decide up on the driver’s negligence.
Children do not have the same understanding of danger as adults, so may not realise the potential risk when running out in front of motor vehicles. When a child is put in a potentially dangerous road traffic situation a lower standard of care is expected of them. This means that if there were a road traffic accident – a child cannot be found negligent.
An example of this is outlined in the RTA book. It gives an example of a car driver who waved a child pedestrian across a road in front of him and she followed his directions and was run down as she crossed. The crossing was dangerous. An adult in those circumstances would have been found partly to blame. If a child is so young that an understanding of safety cannot reasonably be expected then that child will not be held to have been negligent in those circumstances.
If you have a child who has been injured in a road traffic accident then you may be able to make a compensation claim for them. If you would like more information or would like to speak to someone about free legal advice then the Injury Lawyers will be able to help. We will handle your claim on a no win, no fee basis, and work with you every step of the way up on receiving the compensation your child deserves.
