Zebra Crossing Child Pedestrian Accident: Claim By Parents For Death Of Son
In this Q&A – we look at how the parents of a child can claim compensation when their son was killed as a pedestrian on a zebra crossing when he was hit by an uninsured drunk motorcyclist.
We consider claiming compensation as the parents of the deceased child, the types of compensation that can be claimed and the role of Motor Insurers Bureau when a motorist is found not to be insured.
- Zebra Crossing Child Pedestrian Accident: Claim By Parents For Death Of Son
DESCRIPTION – Fatal Child Pedestrian Zebra Crossing Accident
My 15-year-old son was crossing at a zebra crossing. Cars had stopped to let him pass and he was almost to the other side of the road when a motorcycle came at speed close to the kerb undertaking the stationary car and hit my son.
He suffered severe head injuries and was pronounced dead in the early hours of the following morning.
The motor bike driver is being prosecuted following a police investigation. He was found to be over the legal limit for alcohol and was classed as a drunk driver.
We have also been informed that he was speeding and did not have a policy of motor insurance in place.
QUESTIONS By Deceased Child’s Parents
My wife and I are devastated. We wish to know whether there is any form of compensation we can claim for our loss. Presumably as the motorcyclist was not insured we would have no one to claim against?
Short Form Q&A
Q: Our son aged 15 was killed on a zebra crossing by a drunk motorcyclist who had no insurance - can we claim compensation?
A: Yes - it is very likely you will have a claim for compensation. Once your son had stepped onto the zebra crossing he had the right of way. Therefore, it is clear that the drunk motorcyclist will be considered legally at fault. Ordinarily - the motorcyclist's motor insurer would meet your claim for compensation. However, as it seems no motor insurance was in place - your claim would proceed via the Motor Insurers Bureau. The MIB will act as though it was the motor insurer of an uninsured or untraced driver. What you can claim will depend on the specific circumstances - but might include: a bereavement loss, a sum for your son's suffering if he was not killed instantly, funeral expenses and (although unlikely when a child is killed) financial dependency.
Detailed Fatal Road Accident Solicitor Response
Son under the age of 18 years is considered a minor
As your son was under the age of 18 years he is considered by law as a minor (a child).
Parents can claim compensation for death of their child
Therefore, under the Fatal Accidents Act, both you and your wife (as his parents) would be entitled to claim compensation for your loss.
In this instance – your compensation would most likely include a bereavement loss and funeral expenses.
See our fatal accident claim article for an explanation of what can be claimed in the event of a fatality in a pedestrian crossing accident or other road traffic accident.
In addition – there may be a claim for your son’s pain and suffering since he was not killed immediately. This is a slightly different type of claim than the claims made under the Fatal Accidents Act.
See our death accident compensation for more details of this part of a child pedestrian claim.
Motorist not being insured will not prevent a claim
The fact that the motorcyclist was not insured will not prevent a claim. The Motor Insurers Bureau (known as the MIB) will pay out compensation for accidents involving uninsured motor vehicles (including motor bikes). This includes accidents involving a child pedestrian of a zebra crossing, so long as a motor vehicle was teh cause of the death.
See our Motor Insurers Bureau Road Accident Claim article to see how the Motor Insurers Bureau / MIB operates to meet claims for uninsured and untraced drivers.
Starting a claim for a child pedestrian fatal zebra crossing accident
See our pedestrian crossing article for an explanation of claiming compensation when an accident occurs on a zebra crossing or other pedestrian crossing.
FREE Legal Help
Use our free telephone / online legal help – if you are thinking of commencing a claim. You can call direct to speak with a specialist solicitor, ask a question and have your potential claim assessed.
SUMMARY – Child Pedestrian Zebra Crossing Accidents
In this article you have learnt when you can claim compensation for the death of a child in a zebra crossing pedestrian accident. The types of compensation you may claim and making a claim when a motorists is not insured. Plus access to specialist solicitor free legal help before proceedings with a claim for compensation.
