Compensation for Accidents to Children

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Sherrie Paterson,
4 days ago

According to Transport Scotland statistics, an average of two children a year have been killed on Scotland's roads between 2017-2019; a 33% drop on the baseline (however, this figure means Scotland is not on track to meet the 2020 target of 55% reduction).

In 2019, child casualties of road traffic accidents totalled 759; of these 331 were pedestrians (including two fatalities) and 303 were child casualties in cars, with 46 being seriously injured (no child fatalities in cars).

Despite some statistical improvements, the rate of serious and fatal injury remains at an unacceptable level and more needs to be done to improve child road safety outcomes, particularly on Scotland's most dangerous roads, many of which are to be found in the North East as well as socially and economically deprived areas of Glasgow.

Vulnerable road users

Children are not as cognitively developed as adults and are therefore not as able to comprehend the dangers of the road. For example, the speed at which a car is travelling, whether or not the driver can see them, how wide the road is, and so on.

Parents, guardians and carers can do a lot to help children understand the potential dangers of the roads. Useful information can be found on RoSPA’s ‘Out and About’ page.

Vulnerable litigants

Children require special treatment when it comes to making a claim for compensation following a road accident.

For example, children have to rely on other people to fight their legal battles for them. They are not allowed to file their own personal injury compensation claim, but a parent or guardian must do it for them as a "litigation friend". If no claim is filed, then the child can file his own claim when he reaches the age of 16.

In some cases children will be considered partially liable for their own injury (perhaps because they have run out into the road) – but this doesn't mean that they have to take all of the blame. The driver may still bear some responsibility. It is a complicated area, and expert advice from an experienced road traffic accident solicitor is essential.

Help claiming compensation

If your child has been involved in an accident, even if you are unsure whether you would be able to claim compensation, call our No Win No Fee lawyers today on 0800 0891331.

We can investigate matters for you and let you know what your options are.

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