Children are very vulnerable individuals when on the roads because they are not able to appreciate road situations as an adult would: how fast a car is travelling, whether or not the driver can see them, how wide the road is, and so on.
Often a witness will say "oh the driver had no chance".
Sometimes at least part of the blame can be put at the door of the driver once a full investigation of the case has taken place.
Once the solicitor has spoken to the police and looked at the road layout and spoken to all of the witnesses it may well be that the driver did have a chance and if he or she had been looking at the road and the conditions ahead they would have seen the child and altered the speed and reacted accordingly.
Children are often more preoccupied with going to the park or what their friends are doing than what speed the car coming along the road is going at.