9 year old/road accident

[legoearth]

Our daughter was hit by a motorbike 18 months ago.

 

It broke her leg and she had lacrations to her scalp .

she spent 3 days in hospital.

She was then in plaster for 6 months.

I wasn't with her, she was with her 12 year old sister and their friends.

It was a dual carriage way that was undergoing major changes to it's crossings.

It was a road they had crossed many times and had already crossed it twice that day, once with me.

 

The problem at the time was that all the pedestrian crossings had been blocked off.

The place where she was knocked down was where the crossing should have been.

It was blocked but it was partly opened where they were working on it.

The whole area ws in chaos with no safe crossings in easy walking distance,lanes blocked so traffic bottle necked.

 

The rider wasn't speeding, she just hadn't seen him coming.

Her sister says he was hidden from view behind a car.

 

Now we are at a stage where I feel more and more angry that the company 'improving' the road didn't provide alternative crossings at the point that is the most frequently used.

 

Our daugher is left with a scar on her lag that she can't bare to touch or look at.

She doesn't wear skirts or shorts and is dreading her 'junior prom' in July.

 

I don't suppose compensation would help or if she would be entitled to it

bu I would like help in putting together a letter that might make them take some responsibility so it doesn't happen again in the future to somebody elses child.

 

I was supposed to be invited to a meeting when the road works were over to put ovr some of the safty points I had highlighted in an email before Christmas 2010.

Nothing ever came of it though.

 

Thanks in advance.

[dx100uk]

i would think highways or the local council will be interested to hear the crossing was not closed properly with no alt

 

dx

[legoearth]

The council were aware. I had contacted members of the team involved in the improvements, that is why I was supposed to be invited to a meeting. I suppose I was a bit apathetic really and should have chased it up but life goes on and stuff happens. It was only when she started to worry abour what she would wear for her prom and wouldn't show me her scar that I started to think about it again.

[unclebulgaria67]

As she was 9, the Insurance company of the Motorcyle may be liable for her ongoing medical needs and compensation. You should speak to a no win no fee solicitors, with a view to looking into this. They may also be willing to look into the issue of the crossing, if there is any liability there.

 

This won't be a quick process, but is something you should start as soon as possible.

[ashmk]

Bit unfair though, it was not the motorcyclists fault that someone stepped out in front of them.

 

I think whoever closed the crossing is to blame.

[rebel11]

The Council would be ultimately responsible, were taking about 'roadworks', contractors were hired to carry out the work, if you think they have been negligent, i.e. Health & Safety etc, then write a Formal Letter of Complaint to them send it Recorded. You could send a similar letter to the 'Motorcycle Insurance company' if you feel that they have responsibilty in this matter. Here are some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

 

Further info here:- http://www.lgo.org.uk/making-a-complaint/

 

Lets us know how you get on.

[unclebulgaria67]

Bit unfair though, it was not the motorcyclists fault that someone stepped out in front of them.

 

I think whoever closed the crossing is to blame.

 

Something in the back of my mind suggests that vehicle Insurers can often be liable for pedestrians on the road. It could be argued that given the roadworks that the motorcyclist should have been aware of the road conditions at the time and ridden in a way, that considers the possibility of people crossing the road.

 

Whether the motorcyclist was totally to blame for this, this is not something that we can determine on CAG. It would be up to the OP as parent/guardian to make enquiries on their daughters behalf to make sure they safeguard her interests.

[Ganymede]

Something in the back of my mind suggests that vehicle Insurers can often be liable for pedestrians on the road. It could be argued that given the roadworks that the motorcyclist should have been aware of the road conditions at the time and ridden in a way, that considers the possibility of people crossing the road.

 

Whether the motorcyclist was totally to blame for this, this is not something that we can determine on CAG. It would be up to the OP as parent/guardian to make enquiries on their daughters behalf to make sure they safeguard her interests.

 

 

 

I agree, the best chance of success is to claim against the motorcyclist's insurer but still won't be easy. I don't think the OP would get very far claiming against the Council.

 

Plenty of solicitors that will act on a No Win No Fee if the OP Googles it.

[Endymion]

Be aware that if you do go for a civil claim it is quite likely that as parents, you will be brought into the claim for lack of supervision etc.

 

You have already stated that it was a busy dual carriageway, that you had already crossed it once that day and you knew that the crossings were not in action and that it was in chaos. Stating that the child was adequately supervised may not cary too much weight given the accident happened... (i am certainly not saying you were at fault, just assessing the likely possible outcomes and what the defendants will do).

 

You may well have some success against the m/c and possible the council, but not without a fight and you may also face a finding of liability against you in a civil claim of which you will have to pay the damages to your daughter either from any insurance you have or savings etc. Plus as soon you are accused of any lack of supervision, you will have to find someone else to represent your daughter in court/the proceedings.

[unclebulgaria67]

I think you should heed the advice from Endymion before you take this any further. When I posted, I really did not think of this issue, but yes if you complained, this could turn against you. Whilst this may not be fair, I can see them doing it, if there is any suggestion of liability.

[legoearth]

Thanks for all the feedback. Yes I know that really I should have been with her and I'm pretty sure the council would point this out if I persued it. I suppose I was just 'letting off steam' as she has crossed that road with her firends and sister may times before,it's the way to school. it would never have happened if there had been a crossing open.

Thanks again.

[rebel11]

Maybe a bit of research, this is for NI :- http://www.doeni.gov.uk/roadsafety/index/education/parentzone/parentzone-pedestriansafety.htm

[Endymion]

I think your best bet is down the medical road. Have you sought to discuss the ongoing distress your child is having with the unsightliness of the scar with your gp/treating consultant?

 

Counselling is good for kids with these problems and a good plastic surgeon may well be able to clean up any redness and cosmetic scarring, but with age these things fade reasonably well, but i truly understand that this is hard to explain to a 9yr old girl.

 

Good luck and I hope that your daughter makes a good recovery.

[StormWarrior]

Works contractor would have duty of care. Go after them, and whoever they were working for.