Could Your Child Be Found Partly Responsible for an Accident? A Guide to Contributory Negligence

As August progresses, families across Scotland are preparing for the return to school. Busier roads, increased traffic and children walking or cycling to class can all contribute to a higher risk of accidents.

But while motorists have a duty to take extra care, children can be impulsive and might not always recognise potential dangers in the same way as adults.

At Gildeas Solicitors, we help families understand their legal rights following an accident.

Read on as we explain how the law approaches children and contributory negligence if the unexpected happens as the schools go back this August.

What is contributory negligence?

Contributory negligence is a legal term used when an injured person is found to have been partly responsible for an accident.

If this applies, any compensation they receive might be reduced to reflect their share of the responsibility. For example, if the accident was 50/50 on either side.

If a child is injured in an accident, one of the legal issues that may arise is contributory negligence. Unlike adults, children aren’t judged by the same standard when considering contributory negligence, as their age, maturity and understanding of risk are all considered.

When would contributory negligence apply?

Every case is different, and the court will consider all of the circumstances before deciding if contributory negligence applies. It’s also up to the person defending the claim to prove that the injured person was partly at fault.

Some examples of situations where children could be found contributorily negligent:

• Running into or playing in the road,
• Child car seats and booster cushions being used improperly,
• Cycling or using scooters without reasonable care,
• Ignoring crossings or traffic signals

It’s important to remember these are only examples. Whether contributory negligence applies will always depend on the child’s age, level of maturity and the circumstances of the accident. A young child is not expected to show the same judgement or awareness of danger as an adult.

In many cases, drivers are still expected to take extra care around children – especially near schools, parks, or known walking routes.

Failing to adjust speed or attention in these areas can result in the driver being found liable.

What does it mean if my child is contributorily negligent?

 If a court decides a child was partly responsible for an accident, it doesn’t automatically prevent them from making a personal injury claim. Instead, any compensation awarded might be reduced to reflect their share of the responsibility.

The amount of any reduction will depend on the circumstances of the case, including the child’s age, maturity and ability to recognise danger.

A good example is the case of Jackson v Murray [2015]. A 13-year-old girl was seriously injured after running across the road from behind her school bus and into the path of an approaching car.

Although the driver argued that the child was mostly responsible, the Supreme Court recognised that children can’t always judge speed and distance in the same way as adults.

It ultimately decided that both the driver and the child shared equal responsibility for the accident, meaning her compensation was reduced by 50%, rather than the much larger reduction suggested earlier in the case.

This decision highlighted that, when considering children and contributory negligence, the courts will carefully balance a child’s actions against the responsibility of drivers to anticipate and respond to foreseeable risks.

Tips for parents to avoid back to school accidents

Even if you’re driving, your child is likely walking some of the way – whether that’s through the school car park or across a busy street to reach the football fields.

It’s worth having a quick conversation with them about staying visible and alert, especially during early mornings and evening pickups.

Some tips to share with them include:

• Wearing high-vis or reflective items, like jackets or a bag cover,
• Crossing at designated areas, even if it takes slightly longer,
• Making eye contact with drivers before stepping into the road,
• Avoiding distractions like phones or headphones near traffic

Many schools and clubs already promote road safety, but reinforcing at home can make a big difference.

Children and contributory negligence explained

 As children head back to school this August, road safety should be a priority for everyone.

While the law recognises that children don’t always have the same awareness or judgement as adults, there are circumstances where contributory negligence may affect the amount of compensation awarded after an accident.

If your child has been injured and you’re unsure about your legal rights, it’s important to seek specialist advice as soon as possible.

At Gildeas Solicitors, our experienced personal injury solicitors can assess the circumstances of your case, explain whether children and contributory negligence may be relevant, and guide you through the claims process.

If you’d like to discuss your child’s accident, get in touch with our team today for expert advice.

 

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