Road traffic accidents can be life-altering, particularly for young pedestrians who are among the most vulnerable road users. This reality was brought into sharp focus by the experience of *Martin, a 12-year-old boy injured in a road traffic accident in Hull in December 2020.

Martin's story highlights not only the importance of driver vigilance near pedestrian crossings but also critical legal considerations around compensation for injuries sustained by minors.

The day of the accident

On that December afternoon, Martin was on his way home from school, walking toward a pedestrian crossing at around 3:20 p.m. He was struck by a car while crossing, leading to a traumatic scene attended by police and ambulance personnel. Martin was immediately taken to Hull Royal Infirmary’s Paediatric Emergency Department, where he had a trauma CT scan to assess his injuries.

Doctors discovered that Martin had suffered a fracture of the pelvis, a significant injury that required a few days of hospitalisation.

Martin also had grazes and scrapes on his head and body, though these physical injuries healed relatively quickly. His recovery from the pelvic injury, however, was much slower. He needed a walking frame for around three months, and lingering pain prevented him from feeling anything close to normal for about six months after the incident.

A path to recovery

While Martin’s physical recovery progressed, the emotional impact of the accident was also significant. For about two years after the accident, he suffered psychological symptoms related to the incident. With support from his family, Martin worked through these feelings, and together they managed the situation without the need for additional psychological intervention.

Fortunately, by the time Martin was re-evaluated two years later, his pelvis had stabilised, and the pain had subsided. He was even able to return to playing football and swimming—activities he had really missed during his recovery. However, his accident meant he had to have home schooling for most of the first year, further emphasising the wide-ranging impact of road accidents on young lives.

Liability and children’s rights in personal injury claims

In cases like Martin’s, the legal process surrounding compensation for a personal injury can be complex. Initially, the driver’s insurer denied liability, arguing that their client was approaching a green light when Martin allegedly ran onto the road. Despite the driver's emergency stop, the insurer claimed there was no way to avoid the collision. However, this account was strongly disputed by Martin’s legal team, who argued that the driver should have been more vigilant, particularly near a pedestrian crossing. Eventually, liability was admitted and compensation agreed.

Martin’s case underscores the protections in place for young pedestrians and the legal rights of minors in personal injury cases. It’s worth noting that under UK law, there is a three-year time limit for personal injury claims, starting from the date of the injury. However, this time limit does not apply to children in the same way as it does to adults. For children injured before the age of 18, the three-year countdown does not begin until they turn 18, meaning they have until their 21st birthday to file a claim. This extension allows time to see if the injuries resolve properly as the child grows. It also ensures that young accident victims like Martin have ample time to seek justice and compensation once they reach adulthood.

A message for Road Safety Awareness Week

Reflecting on the case, Katrina Elsey, a senior associate who handled Martin’s compensation claim  stressed the importance of driver vigilance, especially in areas with high pedestrian traffic. "This case highlights the critical importance of driver vigilance, especially near pedestrian areas. As this week is Road Safety Awareness Week, both drivers and pedestrians are urged to take care when out and about on roads. Enhanced driver awareness and cautious speed management can significantly reduce the likelihood of such accidents, protecting vulnerable pedestrians and contributing to safer roads for everyone,” she said.

Martin's story is a reminder of how profoundly a single moment on the road can affect a young person's life. While he has shown resilience in his recovery, the physical, emotional, and educational setbacks he endured illustrate the need for both careful driving practices and robust legal protections for young accident victims. During this Road Safety Awareness Week, Martin’s story serves as a powerful call to action for both drivers and pedestrians to exercise heightened caution, ensuring safer journeys for everyone.

If you or a loved one have been injured in a road traffic accident, call and speak to us. Our personal injury experts will be happy to chat with you and see if we're able to help. Call us on 0800 1380 458 or email help@switalskis.com

*Not the client’s real name - The client kindly gave permission for us to share details of their case but asked that their name wasn’t used.