Compensation for Accidents to Children

According to official Scottish Government statistics there was an average of six children a year killed on Scotland's roads between 2012-2014; a 61% drop on the 2004-08 baseline.

Furthermore, statistics from the same set of data reveal that 171 children suffered serious personal injuries on Scotland's roads in 2014; a 47% fall on the 2004-08 baseline.

Despite the clear 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 at RoSPA's Parents' Safety Check.

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 solcitor 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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