MW v Wilkinson – Driver not liable in child pedestrian accident

Background to the case

A 5-year-old boy was on his way home from school with his twin sister and older brother aged 15. His older brother stopped to talk to a teacher whilst holding his younger sister’s hand. The 5-year-old boy became separated from his siblings so made his own way across Chapel Street, Norton Canes, Cannock.

Arguments on Liability

The speed limit on Chapel Street was 30 mph with an advisory limit of 20 mph due its proximity to a school. As the 5-year-old carried on, his elder brother called out to him to stay where he was. Unfortunately, the 5-year-old boy decided to re-cross the road and as he did so, he was struck by a pickup truck travelling no more than 20 mph. He suffered a traumatic brain injury and various physical injuries.

An action was raised in Court on behalf of the injured child alleging the driver had been travelling too fast for the conditions and should have been proceeding at no more than 10 to 15 mph.

The driver argued that his speed of 20 mph at a time after school had finished, was reasonable. Further, even if he had a chance to reduce his speed, he could not have avoided hitting the child .

Court’s findings

The judge concluded that the driver had been travelling at no more than 20 mph and the child emerged from behind a parked car. There were no circumstances that would have alerted the Defendant to alter his speed. The judge noted this as a tragic accident and the claim was dismissed.

Driver not to blame

Key Takeaways on Driver Responsibility

The judge did however outline situations that may give rise to a need for heightened alert such as the child facing and heading into the road, standing by the kerb appearing distracted, chasing a ball or another child. Judgement can be found here.