Atkinson v Kennedy – Driver not liable in child pedestrian case

Background

At approximately 3pm on 20 September 2021, a large goods vehicle (LGV) was travelling northbound on Hillhead Parkway, Newcastle. A 7-year-old girl was walking home from school with her friend and the friend’s mother.

As they paused at the junction with Chadderton Drive, the two children suddenly ran into the road. The LGV driver, who was turning into the junction, saw a “flash” and braked immediately. Despite this, the vehicle ran over the 7-year-old’s legs, causing severe injuries.

Issues before the Court

Proceedings were brought against the driver and his employer. It was accepted that the driver had been travelling at around 35 mph on approach (above the speed limit) but had slowed to approximately 11–12 mph while turning.

The key issue was whether the driver’s speed or actions caused or contributed to the collision, or whether the accident was unavoidable.

Judgement

The Court found that the accident was unavoidable. The child’s sudden decision to run into the road meant there was no realistic opportunity for the driver to prevent the collision.

Although the driver had been speeding prior to the turn, the Judge held that even at a lower speed, the outcome would have been the same. The child’s actions were not reasonably foreseeable.

Accordingly, the driver was found not liable.

Key takeaways

This case confirms that there is no automatic presumption of liability in favour of child pedestrians. Each case turns on its specific facts, particularly:

• Whether the driver could reasonably foresee the child’s actions
• Whether speed or driving conduct materially contributed to the accident
• Whether the collision could realistically have been avoided

The Court also noted that, had liability been established, the child would likely have recovered damages in full, with no deduction for contributory negligence.