As schools reopen across the UK, many parents consider walking as a practical and generally safe option for children who live close to their school. If your child is now old enough to walk to school alone, it's essential to ensure they are well-informed about road safety, especially given the increased traffic they have to navigate.

The thought of a child being struck by a vehicle while walking to or from school is every parent’s worst nightmare. The immediate shock and fear can be overwhelming, and the subsequent journey through medical treatments, legal processes, and emotional recovery can feel incredibly daunting. As a personal injury representative with extensive experience in cases involving children, I understand the profound impact such incidents can have on a family.

Immediate steps: ensuring your child’s safety and health

The moments following an accident are critical. The first and foremost priority is your child’s well-being. Regardless of whether your child appears to be unharmed or has only sustained minor injuries, it’s  essential to seek immediate medical attention. Children are remarkably resilient, but injuries that seem minor at first could develop into more serious conditions later on. For example, internal injuries or concussions may not present symptoms immediately but could have long-term effects if not properly diagnosed and treated.

Collecting evidence: building a strong legal case

Once your child is safe and receiving the care they need, your next focus should be on gathering evidence related to the accident. This step is vital in building a strong case should you decide to pursue compensation.

Here’s what you should focus on:

• Witness statements: if there were any witnesses to the accident, obtain their contact information and ask them to provide a statement. Their accounts can be critical in establishing what happened
• Photographic evidence: take photos of the accident scene, including the vehicle involved, any skid marks, traffic signs, and the surrounding area. If your child has visible injuries, photograph these as well
• CCTV footage: many roads, particularly near schools, are monitored by CCTV cameras. Request copies of any available footage from nearby businesses, homes, or local authorities as soon as possible, as this evidence can be vital in your case
• Police report: ensure that you obtain a copy of the police report, which will contain essential details about the incident, such as the time, location, and initial assessments of fault
• Medical records: keep detailed records of all medical treatments your child receives. This includes hospital visits, follow-up appointments, and any therapy or rehabilitation they may require. These records will help demonstrate the impact of the accident on your child’s life

The legal process for child injury claims

The law recognises the vulnerability of children and provides specific protections for them. If your child is injured in a road accident, you, as their parent or legal guardian, have the right to make a claim on their behalf. This is typically known as a ‘litigation friend’ role, where you act in your child’s best interest throughout the legal process.

Time limits for making a claim

You generally have three years from the date of the accident to make a personal injury claim. However, for children, this period is extended. The three-year limitation period does not begin until the child’s 18th birthday, meaning they have until their 21st birthday to bring a claim. Nevertheless, it is advisable to initiate legal proceedings as soon as possible while the evidence is fresh and witnesses’ memories are clear.

The role of a personal injury solicitor

Navigating the complexities of personal injury law can be challenging, especially when dealing with the emotional toll of your child’s accident. This is where the expertise of a personal injury solicitor becomes invaluable. They will guide you through every step, from filing the claim to negotiating with insurance companies and, if necessary, representing you in court.

Your solicitor will assess the details of the accident, help establish liability, and ensure that all relevant evidence is gathered and presented. They will also work to secure interim payments if immediate financial support is needed for your child’s care, which can be particularly important if you need to take time off work or if there are costs not covered by the NHS.

Types of compensation: what you can claim

The purpose of compensation is to restore, as much as possible, the position you and your child would have been in had the accident not occurred. The amount of compensation will depend on the severity of the injury, its impact on your child’s life, and any long-term effects.

You may be entitled to compensation for various damages, including medical expenses, emotional distress, and any impact on your child’s future quality of life. This compensation is not just about the money, it’s  about ensuring your child has access to the resources they need to recover and move forward.

Educating your child: the importance of road safety

As a parent, it’s also crucial to arm your child with the knowledge to stay safe on the roads. Teach them to be aware of their surroundings, to use pedestrian crossings, and to never assume a driver can see them. These lessons could one day prevent another tragedy from happening.

Preventing future accidents is a priority for every parent. Educating your child about road safety is crucial, especially after they have experienced such a traumatic event. Reinforce the importance of:

• Looking both ways before crossing the road
• Using designated pedestrian crossings
• Making eye contact with drivers before crossing
• Not using mobile phones or other distractions while walking
• Being aware of their surroundings at all times

Some schools provide road safety education, but as a parent, your role in reinforcing these lessons cannot be overstated. Your involvement can make a significant difference in their future safety. 

The emotional impact of an accident on a child can be profound and long-lasting. It’s  important to address not just the physical recovery but also the psychological effects.

Remember, recovery is a process, and it’s  okay for your child, and you as a parent to need time to heal emotionally.

Seeking justice and support for your family

No parent should have to go through the trauma of seeing their child hurt in an accident. While the legal process can seem daunting, it’s  there to ensure your child’s rights are protected and that they receive the support they need to recover. By acting swiftly and securing the right legal advice, you can help ensure that your child’s future is as bright as possible, despite the setbacks they have faced.

If you find yourself in this situation, I urge you to reach out for the support you need. As personal injury solicitors, our goal is to guide you through this challenging time with empathy, expertise, and unwavering dedication to securing the best possible outcome for your child. Call us on 0800 138 0458  or email help@switalskis.com.