Settlement reached in bus crash that left young child with brain injury

A boy left with a severe brain injury after being hit by a bus in Cheshire has had a liability settlement approved by the High Court.

Protected by an anonymity order, the child was catastrophically injured when he was struck by a bus while crossing the road.

He was taken by air ambulance to Alder Hey Children’s Hospital where he underwent emergency brain surgery and remained in hospital for nearly three weeks.

The child is now at high risk of developing epilepsy, a neurological condition that causes repeated seizures, and requires considerable care and support.

The personal injury claim was brought against D and G Buses Limited as the operator of the bus and employer of the driver who hit the child.

Lawyers acting for the child argued the driver failed to slow down on a busy stretch of road where pedestrians, including children, were clearly on the pavement and did not anticipate that the child might enter the road unexpectedly.

They also argued the driver should have anticipated the situation because the child’s mother was on another part of the pavement and the child was likely to cross the road to join her.

At the point of impact, the child had almost cleared the bus, meaning only a small reduction in speed would have been needed to prevent the accident.

The High Court approved a liability settlement reached by Keith Cundall and Francesca Farrelly at 90/10 in their client’s favour.

The agreement reflects the liability risks faced by the claimant had the matter gone to trial.

The family has since moved to Germany and the claim requires the organisation of cross-border rehabilitation to help support the child’s long-term care.

Counsel for the claimant was Rhiannon Jones KC at Byrom Street Chambers, Manchester.