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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
Improving Pedestrian Safety
Pedestrian fatalities appear to be on the increase. Associate, Jo Clancy, looks at the reasons for this and considers whether there are any sensible measures which can be taken by
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