My son was in an accident.

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Your questions answered……

Question:  My ten year old son was injured last year in an accident when he was hit by a car whilst crossing the road.  The driver of the car was driving within the speed limit and the police have told us that they are not taking any action against him.  Can my son still seek to claim compensation from the driver?

Answer:   Yes, the fact that someone has not been convicted of a criminal offence relating to an accident does not necessarily mean that they will not be found to be negligent in a civil claim for compensation.  The standard of proof in criminal cases is much higher, beyond all reasonable doubt, compared with in civil claims where it is on the balance of probabilities or in other words more likely than not.  Also different evidence may be presented at a criminal trial than any subsequent trial in a civil claim for compensation.  A criminal conviction (such as driving without due care and attention) is helpful as it can be used as evidence of negligence; the lack of a criminal conviction or prosecution however does not mean that a civil claim will fail.

Also the fact that someone was driving within the speed limit does not mean that they have not been negligent.  The Highway Code makes it clear that the speed limits are simply to be regarded as the absolute maximum and that it does not mean it is safe to drive at that speed irrespective of the conditions.

In particular, drivers are expected to be wary of children who may be intending to cross the road.  There have been cases where drivers have been found to be negligent despite travelling within the 30mph speed limit as they failed to slow down when a child was either walking towards the road or standing near to the edge of the pavement.

In summary therefore, your son may be able to successfully pursue a claim for compensation against the driver if it can be shown that in all the circumstances he acted negligently in causing the accident.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.