Driving 7-10mph while a child is chasing?

Im working on a mock trial in school. Dont ask me "why the person would do this, or explain what you would do in this situation, or what he should of done. My client kept driving 5-10mph when the child was running on the side of it. Do you think this a SUBSTANCIAL and UNJUSTIFIABLE- impossible to exuse risk that would result in serious bodily injury to a child.