Child Bicycle Accident Liability

Riding bicycles is a fun, healthy pastime for kids, but children can be more at risk of accidents than adults. Kids are physically smaller, making them less visible than adults. Young riders may also lack good judgment in responding to hazards. When bike accidents involving children happen, families may have to file a personal injury lawsuit to get money for medical bills.

Personal injury laws are different in every state. Talk to a local personal injury lawyer for legal advice if you want to know about your legal options after a bike accident!

Bike Crash Injury Statistics

According to the Centers for Disease Control and Prevention (CDC), over 130,000 Americans suffer injuries in bike crashes every year. Almost 1,000 bicyclists die in fatal bike accidents. People between 10 and 24 make up about one-third of bike-related injuries in the emergency department. Most fatal bike accidents happen in urban areas, where cars and bikes share crowded roads.

According to the National Highway Traffic Safety Administration (NHTSA), children are more likely than adults to have emergency room visits because of bicycle-related injuries. Many of these accidents happen when children are entering a road from a driveway or intersection, or while a fast car passes too closely. Young cyclists lack the developed decision-making capabilities to stay safe when they are around hazards like motor vehicle traffic.

Helmets and Child Bike Safety

Bike helmets can protect bicyclists involved in car accidents by protecting against head injuries and traumatic brain injuries (TBI). But safety gear isn’t always mandatory. Some states don’t require children to wear helmets, and others leave it up to the counties or municipalities. Helmets don’t prevent bike accidents, but they can go a long way to prevent serious injuries to the head, neck, and face.

Who Is at Fault in a Bike Accident With Young Children?

When a car hits a child on a bike, the parents usually blame the vehicle driver. However, fault in a bike crash with a child is usually more complicated. In some situations, the child and driver could share fault for the accident.

Children who are inexperienced with traffic laws may fail to yield the right of way, swerve into traffic, or not understand the rules of the road. A child may be riding at night without lights or reflectors, making them harder to see. Many bicycle accident cases involve a child darting out into the street on their bike.

Drivers may also be responsible for causing accidents. Negligent drivers can be held liable for bicycle accident injuries. If a driver was speeding, texting while driving, or under the influence of alcohol, the traffic violations can be used as evidence of the driver’s negligence. Drivers also owe others on the road a duty of care. If the driver was operating the vehicle unreasonably and caused an accident, the driver may be liable for a personal injury claim.

In some cases, parents may be found to have been negligent. For example, if a parent lets their child ride their bicycle on a busy thoroughfare, and the child is injured by a driver who was driving safely, the parent may be partially at fault.

How Can a Personal Injury Lawyer Help?

If your child was involved in a bike accident with a driver, your first step is to seek medical attention for the child’s injuries. You should also report the accident to the police and get the contact information of the driver and any witnesses. If your child suffered injuries, the driver’s insurance company may cover the medical expenses.

In some cases, you may have to contact a bicycle accident attorney to file a personal injury case against the driver. A personal injury attorney can make sure the dangerous driver is held accountable. A lawyer can also negotiate a settlement offer to make sure your loved one gets financial compensation to pay for their damages.