Need advice please.

acia

On sat my 6 year old was hit by a car chasing a ball that went onto the road outside our house. It wasn't a high impact hit but he was knocked over and had few cuts and bruises. She was speeding and left long skid marks outside the house. When I heard the screech of tires I ran out and my son was screaming and ran to me. The woman got out of her car and ran up the drive roaring that my son had tried to kill her she was extemely aggressive she then proceeded to get on her knees in my garden and thank the lord she hadn't been killed not once asking how my son was. I wanted to get him away from her cos he was scared. When I carried him into the house she got in her car and drove off. I was so worried about my son I brought him straight to hospital after 8 hours he was given the all clear.
I got no reg details of the car but she was heading towards end of our estate which is a cull de sac so I think I could recognise her or the car. I'm just wondering where do I stand legally with this if I do find her. I went to report it to the gardai today but he couldn't have shown less interest if he tried. I just feel I've let my son down because I never got any details and she got away scot free.

NoQuarter

If you manage to get the details then go see a solicitor.

Bosco boy

I'd be interested to hear her side of the story, you should thank god that you have your son alive with only minor injuries. He ran out in front of a car unsupervised and she managed not to kill him. If he had been killed compensation would be the least of your worries or regrets.

acia

Yes I'd like to her side of the story too but she drove off before checking if he was ok like any decent person would do but no she was gone. Believe me I love my son more than anything in the world I never let him play outside unsupervised we were playing football in the garden I went inside for a minute when it happened. I just thought that car drivers have a duty of care over pedestrians maybe I'm wrong.

xE

I would say that you are wrong.

However, if as you claim, she left the scene of an accident it could be interpreted as a major offense. Obviously if you've no solid evidence (car reg, etc.) that can prove who was responsible, its pretty pointless.

You're lucky. I would consider keeping a closer eye on your children in a public if you do value their lives.

MagicSean

She didnt leave the scene. She stopped and got out. You said you tried to get away from her. You left her outside and didn't ask for her details. You claimed she was speeding but you didn't see her. You just heard screeching. She may have been speeding and hysterical afterwards buy she can't be blamed forleaving the scene.

Reloc8

Ah come off it.

Presuming there was an accident here, the driver of the vehicle is guilty of leaving the scene, that is unless she went and reported to a Garda Station (if you were indulgent enough to allow that the mother of the child went into her house and did not make herself available to receive details).

The obligation to provide details is not triggered by request, but on occurrence of an accident.

Anticipating that "there is no proof of an accident" it is said in the OP that the kid was knocked over.

Did someone say that car drivers don't owe a duty of care to pedestrians ?????

Jaysus.

MagicSean

Reloc8 wrote: »

Ah come off it.

Presuming there was an accident here, the driver of the vehicle is guilty of leaving the scene, that is unless she went and reported to a Garda Station (if you were indulgent enough to allow that the mother of the child went into her house and did not make herself available to receive details).

The obligation to provide details is not triggered by request, but on occurrence of an accident.

Anticipating that "there is no proof of an accident" it is said in the OP that the kid was knocked over.

Did someone say that car drivers don't owe a duty of care to pedestrians ?????

Jaysus.

There are four seperate offences included in hit and run

Failing to stop - Driver did this
Failing to remain at scene - Driver did this until op went into house
Failing to provide appropriate information - Op apparently did not allow this or request the details.
Failing to report incident to the Gardaí - Driver is guilty of this offence only

In addition there is no evidence of a collision. There was no injury to the child other than cuts and no witness to the incident. It is just as probable that the child fell in front of the car and the driver stopped without hitting him, in which case there is no obligation to provide details. From what the op has said this seems a more probable occurence as it would explain the lack of serious injury and the drivers behaviour.