Child bicyclists and car accident liability

Children can be reckless. Many drivers have at least one story of a child darting into traffic after a dog or on a dare or because they weren't paying attention. This is becoming even truer of bicycles as they continue to catch on as an alternative mode of travel for adults and children. Children are involved in a majority of bicycle accidents with automobiles. However, just because children are involved in a lot of accidents with cars, this does not reduce the enhanced duty of care that adults owe to children.

Everyone should act reasonably when they are driving. This basically means you need to keep your eyes on the road. However, this standard duty of care is increased when children are involved. This means that you need to pay extra attention to the actions of children around you because they will not be exercising the same level of safety and care that an adult would.

In bicycle accidents involving cars, the driver's liability usually depends on whether or not he was behaving negligently. This means that if a driver is speeding, texting or in any way not obeying traffic rules, then he may be liable for any harm that he causes because he was driving negligently. However, the court will also consider the actions of the child. Specifically, the court will consider whether or not the child acted in a way that contributed to their harm. However, just because your child may have acted rashly, that does not mean that it is a bar to recovery.

Children are judged by different standards, for obvious reasons, but that does not mean that they do not deserve or need less compensation than an adult. A child is just as likely to be injured on a bicycle as an adult. If your child has been injured while on a bicycle by a car, then a civil litigation firm with years of experience may be able to help get the compensation your child needs to get back on her or his feet.

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T.J. Smith, Attorney at Law
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