Nine-year-old child seriously injured while crossing the road

Our client suffered serious injuries from a road traffic accident while celebrating a religious festival. Carrying on walking for less than two seconds after her family had stopped meant she was in harm’s way. This case study will explore:  

• How the incident occurred 
• The complexity of the case  
• The outcomes of the case  

The incident 

A nine-year-old girl was celebrating Eid with her family when the group moved towards a road, intending to cross. The other members of the group slowed down when they saw there was an oncoming car, however our nine-year-old client carried on a little longer than a second and was struck by a car moving at speed. Unfortunately, the group, including our clients’ parents, witnessed everything being just 2m away.  

The case  

This case was complex as the defendant’s claimed our client was partially responsible for her own injuries. As the defendant’s remarked the child was negligent in her judgement of when to cross the road, this case was escalated to the High Court.  

The High Court rules that this was a momentary error of judgement by our client, not amounting to contributory negligence. If she had been at fault, contributory negligence would have been no more than 10% and de minimis, meaning there would have been no deduction from compensation made. 

It was found that due to the claimant being 9 years old, and taking into consideration the specific factual circumstances, it was likely that she was easily distracted, and not completely focused on her immediate surroundings. The judge considered there was no merit in the defendant’s argument that the claimant made a deliberate decision to move away from the group. It was further added that it would be unreasonable to expect a girl of her age to keep a close eye on the group, and stop crossing just over one second earlier in order to avoid the collision. 

Conclusions of the case 

The case conclusions included that the driver of the car was going too fast. If the driver had been travelling at 30mph, he would have been able to stop 19m Infront of the crossing. However, the defendant stated that he ‘took a gamble’ from his own assessment of their speed, and decided to proceed, confident in his judgement that he would pass them before they crossed his path. 

Furthermore, the claimant was not under immediate supervision of her mother, as she was positioned next to her cousin and therefore separated from her by 2 other children and an adult. It was also considered that, as she was on holiday, the claimant may have been excited to get to the supermarket that was the destination on the walk. She was also wearing ‘shoes with wheels in the soles’, which may have been a source of excitement for her. She may therefore have been more likely to be distracted. 

Because the claimant was distracted when crossing the road, she carried on (as agreed by experts) for just 1.32 seconds after the other in the group had stopped, before the collision occurred. Her mother gave evidence to say she raised her hand in attempt to stop the oncoming car. 

Here when you need us 

Having the right legal experts on your side can be crucial when a child is seriously injured in a road traffic collision. In this case, the defendant attempted to argue that a nine-year-old child was partly responsible for her own injuries. Through careful case preparation and expert advocacy, we successfully demonstrated that this was no more than a momentary lapse typical of a child her age, and that full responsibility rested with the driver. The High Court’s decision reflected an understanding of how children experience and react to the world around them, recognising that they should not be judged by adult standards. 

We know that the impact of a serious injury extends far beyond the accident itself, particularly for young victims and their families. Our focus is always on securing the compensation and long-term support needed to help children recover and move forward with confidence. If your child, or a child close to you, has been injured as a pedestrian in a road traffic collision, our specialist team is here to provide trusted, compassionate legal guidance. Contact us today to find out how we can help.