In the case of Paramasivan v Wicks [2013], the defendant was driving in the dusk along a suburban road with shops and pavements on each side when, without warning, a child of 13 ran across the pavement between two parked cars and into the road. The car struck him.
Even though the driver was travelling at 25 mph and said he did not notice the child until he hit him, the court found that he should have noticed the gathering of children and should have slowed to about 15mph.
It was estimated that the driver had just over two seconds to see the pedestrian and to slow down but failed to do so. Again, although the claimant succeeded in establishing primary liability, contributory negligence was set at 75%.
Generally, where the pedestrian crosses the road suddenly and unexpectedly leaving the driver no time to react, courts may be reluctant to attribute blame to the driver but the degree to which the pedestrian’s movement is sudden or unexpected may determine the scale of apportionment between the parties.
Related Articles
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.
Is it worth 5 minutes of your time?
A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help.
This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.