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MW v Wilkinson – Driver not liable in child pedestrian accident
A tragic road traffic accident involving a 5-year-old boy resulted in serious injuries, but the court found the driver was not liable. This case highlights when drivers may – and
Atkinson v Kennedy – Driver not liable in child pedestrian case
Atkinson v Kennedy demonstrates that even in serious child pedestrian accidents, liability is not automatic. The Court held the collision was unavoidable despite the driver exceeding the speed limit.
Gadsby v Hayes | Child pedestrian toucan crossing case
A High Court case examining whether a driver should reduce speed to 10 mph at a toucan crossing. Despite serious injuries to a child pedestrian, the court found no negligence.
Probert v Moore [2012] EWHC 2324 (QB): Driver 100% liable for collision with child pedestrian on rural road
The High Court in Probert v Moore [2012] found a driver 100% liable after a 13-year-old pedestrian suffered a brain injury on a rural road, reinforcing the duty to anticipate
Toropdar v D [2009] EWHC 2997 (TCC)
A driver was found 2/3 liable after colliding with a child who ran into the road. This case highlights how courts assess child pedestrian accident liability, contributory negligence, and the
Ellis v Kelly (2018) EWHC 2031 (QB)
A court held a driver fully liable after an 8-year-old boy suffered life-changing brain injuries at a zebra crossing, confirming that children’s momentary misjudgements do not amount to contributory negligence.
Gough v Thorne [1966] 1 WLR 1387
A Court of Appeal decision held a driver 100% liable after a 13-year-old girl was struck while crossing the road after being waved across by a lorry driver, confirming that
![Hetherington v (1) Raymond Fell (2) Ferryhill Wheelers Cycling Club [2025] EWHC 1487 (KB)](https://roadtrafficaccidentlaw.co.uk/wp-content/uploads/2025/09/Hetherington-300x118.png)
Duty of care and risk assessments in cycling events
The High Court in Hetherington v Fell & Ferryhill Wheelers Cycling Club [2025] considered whether a cycling club owed a duty of care for risk assessments at a time trial
Stephen Lyons v QBE UK Limited | Shared liability in Road Traffic Collision
In Stephen Lyons v QBE UK Limited, the court found both drivers materially contributed to a collision, yet awarded full compensation to the innocent passenger. The case emphasises shared liability,
Morris v Pirie 1985 SLT 365
A lorry driver rounds a left-hand bend at speed to discover a broken down vehicle on the road. He swerves to avoid it and collides with an oncoming lorry.
Sutherland v Gardiner 1981 SLT 237
Case Law: Motorcycle negotiates a left hand bend to find a car in centre of road, swerves to avoid it and sustains life-changing injuries.
Louise Jane Palmer v. Russell Timms & Others [2024] EWHC 2292
Case Law: A motorcyclist is fatally injured when filtering and the lorry which he is passing closes the gap.
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