Posted on February 4, 2018
When you think of bicycle accidents, you may think of adults who gear up and head out for a ride on the town, never suspecting disaster. However, sometimes children are also injured in bicycle accidents, and these crashes can be especially dangerous for them. Drivers in Arizona must use reasonable care and follow the rules of the road, and state law specifically requires every driver to exercise proper precaution on observing a child on a roadway (A.R.S. 28-794). This means always looking out for children.
Let’s take a look at a scenario: A driver is pulling around the block and does not notice a group of children riding on their bicycles. Some of them are wearing bright clothing and others may not be easily seen. An accident occurs because the driver was not expecting children and claims they never saw them. In cases of bicycle accidents involving children, a child’s own conduct is generally judged by what a reasonable child of the same age, intelligence, and experience would do, not by the adult standard. A driver is also expected to watch out for children in areas where children are most likely to be. Let’s say that the accident happened right beside a park. You would abide by the laws of slowing down in this area and being careful to watch out for children. If somebody failed to do so, they may be held liable in an accident.
Common Causes of Bicycle Accidents Involving Children
Bicycle accidents involving children often occur due to a combination of driver negligence and environmental factors. One of the most common causes is a driver’s failure to yield in areas where children are likely to ride their bikes, such as near schools, parks, and residential neighborhoods. Children may also be injured when a driver makes a sudden turn without checking for bicyclists or opens a car door into an oncoming bike lane. In some cases, children may lose control of their bikes due to road hazards like potholes, uneven pavement, or debris, which can result in serious injuries. Additionally, some accidents occur in driveways or parking lots when a driver is backing up and fails to see a small child riding behind their vehicle.
Injuries Commonly Sustained in Bicycle Accidents
When a child is involved in a bicycle accident, the injuries can range from minor scrapes and bruises to life-altering conditions. Head injuries, including concussions and traumatic brain injuries (TBIs), are among the most serious risks, particularly if a child is not wearing a helmet. Broken bones, particularly in the arms and legs, are also common due to the impact of a collision. Road rash, which occurs when a child slides along the pavement, can lead to painful abrasions and potential infections if not treated properly. In more severe cases, spinal cord injuries and internal organ damage can occur, leading to long-term medical concerns. Because children are still growing, injuries sustained in a bicycle accident can sometimes have lasting effects on their development, making it even more important to seek immediate medical attention.
Steps to Take After a Bicycle Accident
If your child is injured in a bicycle accident, taking the right steps can protect their health and legal rights. First and foremost, seek medical attention immediately, even if injuries seem minor. Some symptoms, such as internal bleeding or head trauma, may not be immediately apparent but can become serious over time. Once medical needs are addressed, gather as much evidence from the accident scene as possible. Take photos of the bicycle, any visible injuries, the surrounding environment, and any involved vehicles. If there were witnesses, obtain their contact information, as their statements may be crucial if legal action is necessary. Additionally, file a police report, which can serve as an official record of the accident and help establish liability.
Elements That Might be Present in Your Case
Families dealing with the aftermath of a bicycle accident should be aware of their legal rights. Here is one of the major elements that may be present in your case: A defendant may try to claim that your child caused or contributed to their own accident. Arizona uses comparative fault (A.R.S. 12-2505), so even if some fault is assigned to a child, it generally reduces the recovery rather than barring it. In deciding fault, Arizona courts generally compare a child’s conduct with the care a reasonable child of similar age, intelligence, knowledge, and experience would use, and a very young child may be found incapable of negligence at all. Even if a child rode their bicycle in front of a vehicle without looking, the driver’s own care, including the duty to take proper precautions on seeing a child on the roadway, is still part of the picture.
How You Can Help Your Child
If your child has been injured in a bicycle accident, you can act to protect their rights in their time of need and help them bring a personal injury case. Children, just like adults, may be able to recover compensation for permanent injuries, pain and suffering, and more. Parents may also be able to recover the child’s medical costs and certain other losses caused by another person’s negligence, since parents are generally responsible for those bills.
A parent can generally act on a child’s behalf in a claim. Settlements for minors often involve extra steps, and a lawyer can explain whether a court needs to approve a settlement for your child. Deadlines can also work differently for children: Arizona generally pauses the usual filing period while a person is under 18 (A.R.S. 12-502), but a parent’s own claim, such as for the child’s medical bills, may have its own, shorter deadline, so it helps to check the dates early. If your child has sustained serious injuries in a bicycle accident, we want to speak with you at the Accident Law Group. Call us for more information at 602-333-3333.
Sources
https://www.azleg.gov/ars/28/00794.htm
https://www.azleg.gov/ars/12/02505.htm
