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Personal injury risk on roads greater for children in poorer areas

By Dave Escandell
Published: 12:02PM BST 23 Aug 2010


According to a new report children from poorer backgrounds are at greater risk of injury on our roads.

A study by not-for-profit organisation Road Safety Analysis points to children in the UK's poorest areas being at much higher risk on the roads than those from more affluent areas.

The figures in the report include accidents in vehicles as well bicycles and those in which children are pedestrians.

After comparing 120,000 accidents involving children, between 2004-2008, it was calculated that children in Preston have a one in 206 chance of being injured on the road every year, almost twice as much as the national average of one in 427.

The safest area is Kensington and Chelsea, with a one in 1,158 chance of injury.

There are many reasons why children from deprived areas are at a higher risk and some reflect the availability of local amenities rather than the safety of roads themselves.

Responding to the study, road safety charity Brake said poorer families are more likely to have older cars with lower crash protection standards, child seats may be second-hand, or they may not use them at all.

Education and road safety messages have to be reinforced in the identified high risk areas so that children are safe and aware of the dangers of the road from an early age. It should be a high priority for everyone that children are safe, not only when they're passengers, but also when riding bicycles or simply playing in and around urban neighbourhoods.

When children are injured they receive extra protection from the courts and have to be represented by a 'litigation friend'. The process of a child's personal injury claim generally follows the same format as that of an adult up to the point of reaching an agreement on the damages to be received by the child.

So once liability for the accident is established and the person or company responsible are in a position to make a reasonable settlement offer, the actual settlement of the claim needs to be confirmed by a judge.

Infant settlement proceedings are begun so that a Judge can approve the amount of compensation. Once approved, the monies are transferred by the responsible party into a court fund and put into a special investment account, gathering interest until the child can access the funds when they turn 18.

Upon applying to the court, either at the time of the approval or at any later stage before the child's 18th birthday, the court may be prepared to release some of the funds if there are compelling reasons to do so. For example, in our experience the cost of special education, educational aids or medical treatment are likely to be seen as appropriate requests for release of funds. 

The limitation period for bringing a personal injury claim is within three years of the date of any accident, but for children it is extended to three years from the date of their 18th birthday.

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