Who Is At Fault: Child Pedestrian Accident
Your child was hit while on foot and you do not know what happens next.
A child pedestrian accident is a frightening thing to go through as a parent, and the legal side does not need to be rushed. Fault is assessed the same way as any pedestrian case: whether the driver kept a proper lookout and drove with care for the conditions.
A child’s own claim also has more time than most, since the deadline generally only starts once they turn 18.[3]
This page explains how fault is worked out, the evidence involved, and what a parent can do now. See who is at fault and child road accident claim for the full claim path.
The typical facts in these cases
Most child pedestrian cases happen in familiar, everyday places.
- A child crossing between parked cars, hidden from a driver’s view
- A child running after a ball or a friend into the road
- A car reversing out of a driveway in a housing area
- A driver moving off too quickly near a school or playground
Each of these turns on what the driver could reasonably have seen and done.
How is fault usually assessed in Malaysia?
The court looks at the driver’s speed, sightline and reaction, given where the accident happened. A driver passing through a housing area or near a school is expected to anticipate that children may appear suddenly.
This does not mean every such accident is automatically the driver’s fault. The specific facts, including where the child was and how visible they were, still decide the outcome.
What evidence decides a child pedestrian case?
- The exact point of impact and the child’s direction of travel
- The driver’s speed and the distance they could see ahead
- Nearby shop, house or school CCTV
- The police report and scene sketch
- Witness accounts from other adults present
- The medical report describing the injury and how it happened
A child’s own account is treated with care and is rarely the sole basis for a decision, so other evidence is what a claim usually rests on.
Does a child’s own action affect the claim?
A court can find some contributory fault if a child dashed into the road without warning, which reduces the award rather than ending it.[1] There is no fixed percentage for this, and very young children are judged with their age in mind.
Read how contributory negligence works for the general rule that applies here.
What to do at the scene and after
- Get your child medical attention first, and keep every record from the hospital.
- Lodge a police report within 24 hours.[2]
- Note exactly where your child was standing or walking before the impact.
- Ask nearby shops or homes whether they have CCTV.
- Keep a simple written note of what your child remembers, in their own words, while it is fresh.
For the practical side of a young child’s claim, see parent of an injured child.
Common questions
Does my child have to claim now, before they turn 18?
No. A child's own injury claim generally does not start its clock until they turn 18, so there is usually no rush to file while they are still a minor. A parent can still gather evidence and report the accident early, which helps years later.
Can a parent claim on the child's behalf straight away?
A parent or guardian can act as the child's litigation representative and start the process earlier if that is what the family wants. Many families choose to wait, since the deadline for the child's own claim is not urgent in the way an adult's claim is.
Was it my child's fault for running into the road?
This is worth checking rather than assuming. A driver still has to keep a proper lookout near where children are likely to be, such as housing areas and school routes. The full facts, including speed and sightline, decide how responsibility is shared.
What evidence matters most in a child pedestrian case?
The point of impact, the driver's speed and sightline, and any nearby CCTV usually matter most. A child's own account is treated carefully and is rarely the only evidence relied on, so photographs and witness statements from the scene are especially valuable.
Sources
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)
- Thomas Philip, on s.24 Limitation Act 1953 (disability) (accessed 2026-09-22)