Quick answer
A parent or appropriate representative can investigate a road-accident claim for an injured child. Liability must reflect the child’s age and understanding, and any settlement should protect the child’s interests and account for education, development and future needs.
Key points
- ✓Adult standards should not simply be applied to a young child.
- ✓A parent can usually seek advice before the child turns 16.
- ✓Evidence should address education and development.
- ✓Serious injuries may require long-term reassessment.
- ✓Settlement and management of funds require child-specific safeguards.
Children as pedestrians, cyclists and passengers
The evidence should reflect the child’s height, visibility, route, supervision, developmental understanding and the driver’s duty to anticipate vulnerable road users. Child-restraint evidence may be relevant in passenger cases.
Who conducts the claim?
An appropriate adult may act for the child, subject to Scottish procedural safeguards. Potential conflicts must be considered where the adult or family driver may also be involved in the collision.
Education and developmental evidence
School absence, additional support, concentration, mobility, emotional effects and lost activities should be recorded. Serious injury assessment may need paediatric, neuropsychological, educational and care expertise.
Time limits and early evidence
Special limitation rules apply to children, but delay can still destroy CCTV, witness memory and medical or school evidence. Do not wait solely because the child may have longer to raise proceedings.
Authoritative sources
- Highway Code: children — Official guidance on road users requiring extra care.
- Children and Young People (Scotland) Act 2014 — Broader Scottish legislation concerning children and young people.
- Prescription and Limitation (Scotland) Act 1973 — The statutory limitation framework for Scottish personal injury actions.