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, made much more dangerous. When it comes to children, drivers are expected to live up to the highest standard duty of care and are required to drive reasonably based on the laws of the road. 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, children are actually held to a lower standard in terms of having to be careful. 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.
Elements That Might be Present in Your Case
Here is one of the major elements that may be present in your case: A defendant may be trying to claim that your child caused or contributed to their own accident through a theory known as contributory or comparative negligence. Many states will say that a child couldn’t have caused their own accident under something known as the “tender years” doctrine, which means that they are incapable of exercising care due to their age. This is why, even if a child rode their bicycle in front of a vehicle without looking, the driver was still supposed to do everything in their nature to avoid the bike.
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, have a right to compensation for permanent injuries, pain and suffering, and more. Parents also have the right to be compensated for medical costs and any other compensation that stemmed from a bicycle accident due to the negligence of another, as the adult is caring for their child.
A parent is permitted to negotiate on behalf of their child when they have been injured in an accident. Sometimes the process is as simple as talking to the court and submitting proof of injuries and medical treatment, as the court does not take these cases lightly when they involve children. It is in your best interest to speak to an attorney as soon as possible in any event. If your child has sustained serious injuries in a bicycle accident, we want to speak with you at the Accident Law Group. Call us as soon as possible for more information at 602-262-4254.