What is Beep Beep! Day?
Beep Beep! Day is hosted by Brake, the Road Safety Charity. It is an important initiative designed for children aged between two and seven, to educate and create awareness of road safety. This March, over 200,000 children and almost 4,000 schools will participate in this engaging and educational event. Children from all over the UK will be able to take part in games, activities and simple messages, focusing on holding hands with a grown-up when walking near roads, crossing roads at safe places with a grown-up and using a child seat when travelling by car.
By introducing these three important topics, children should gain a better understanding and awareness of responsible road use. The day also gives parents, carers and communities an insight into what they can do to help promote road safety for children. Brake has been instrumental in supporting those affected by road collisions, by establishing community partnerships and running annual campaigns like Beep Beep! Day.
Road safety is crucial for young children, as they are among the most vulnerable road users. Every day, nine children under the age of seven are killed or seriously injured on UK roads. Each year, Transport Scotland, the national agency responsible for delivering the Scottish Government's vision of transport in our country, publishes the number of reported road casualties and collisions in Scotland. In their recent report of road traffic statistics in 2023, it was reported that there were 5,788 road casualties, 10% of which were under the age of 15. Alarmingly, of the 939 pedestrian casualties recorded in 2023, 28% of those (263 of 939) were children, of which 107 were seriously injured. This highlights the importance of the messages being communicated through the Beep Beep! Day campaign and it is clear there is still more work to be done to make Scotland's roads safer for children.
A Child's Right to Make a Personal Injury Claim
If a child suffers an injury and is entitled to make a personal injury claim, it is important to take advice on how to progress that claim and be aware of the deadline for doing so.
In Scotland, the age of legal capacity is 16 years old and from that age, a young adult can bring a claim in their own name, often with the assistance of a litigation friend. However, up until the age of 18, a parent, guardian, or legal representative can bring a compensation claim on their behalf. Compensation can be for:
- Pain and suffering - including physical and mental injuries, taking account of emotional distress and reduced quality of life.
- Medical expenses - past and future treatment costs, therapy, rehabilitation and aids to assist with daily life.
- Loss of future earnings - in severe cases where long-term impact affects employment prospects.
- Support and care received from family.
An individual has three years from when an injury occurs to raise a claim. For those who are injured before they are 18, they have three years from the date of their 18th birthday to raise a court action.
Contributory Negligence - Can the Child be at Fault?
A child involved in a road collision can be found partially at fault under the principle of contributory negligence. This is when a third party is found to have acted negligently and caused the incident, but the injured party is found to have contributed to the incident occurring or the severity of the injuries. This might be because they didn't look before crossing the road. If the court finds that a child partially contributed to the incident, their compensation will be reduced based on their share of fault.
The courts consider the child's age and capability to understand risk when assessing whether there should be any deduction to take account of contributory negligence. Whilst it is unlikely a child under eight would be held accountable for their actions, courts may consider an older child acted recklessly or failed to take reasonable care for their safety. In a previous case, a 13-year-old girl who ran into the road from behind her school bus had her award reduced by 50% due to her own recklessness. Ultimately, each case will be judged on its own facts and circumstances, against what is reasonable for their age and experience, the overarching principle is to balance accountability with recognition of a child's capacity to understand and avoid risk.
Secondary Victim Claims - Parents or Carers
Parents or carers who witness incidents involving their children may have a claim as a secondary victim in Scotland if they meet the required criteria. A secondary victim is classed as someone who was not directly injured in the incident but suffered psychiatric harm as a result of witnessing a traumatic event involving a loved one.
For a parent or carer to successfully claim as a secondary victim in Scotland, there are strict requirements to be met for someone making such a claim. These requirements are:
- A close relationship - the claimant must have a strong emotional bond with the primary victim (e.g. a parent).
- Proximity to the event - the claimant must have been physically present at the scene of the accident or its immediate aftermath.
- Direct perception - the psychiatric injury must arise from witnessing the event with their own unaided senses (i.e. not witnessing it on the television).
- Recognised psychiatric harm - the claimant must have suffered a recognised psychiatric injury (not just grief, distress or upset).
While parents who witness incidents involving their children may have a claim as secondary victims in Scotland, the legal requirements remain strict. Courts assess these cases carefully and they can often be challenging to prove.
In the pursuit of continued progress and raising awareness of child road safety and their rights, MFMac is proud to be a member of Brake's Scottish legal panel, offering legal assistance to individuals and families who have been impacted by road traffic collisions. If you have been involved in a collision, please contact our personal injury team and we will provide you with expert advice on successfully making a claim and guide you through that process.
