It's summer and the kiddos will soon be out riding their bikes, which means a greater chance of someone getting hurt. Unfortunately, a vast amount of children’s bike accidents involve automobiles. Although drivers are expected to exhibit caution and care when it comes to kids riding bicycles, many do not. It’s important to remember that, as drivers, we must increase our awareness when children, especially young children, are out and about on their bicycles.
Are Children Liable in a Bicycle Accident?
In these cases, liability is usually determined by whether or not the driver’s negligence caused the accident. Regardless of the age of the bike rider, the driver must exercise reasonable care and caution in the circumstances surrounding the accident. Obviously, the level of attention and precaution needed by a driver greatly increases when children are present.
If a driver sees or reasonably expects that children might be present, they must demonstrate increased or “unusual care.” When driving, we should be on lookout for children on bikes, particularly when near schools, parks, bus stops, and residential neighborhoods. This is not to say that drivers are presumed liable whenever a car collides with a bike rider. Instances where the driver shows the expected precautions but still can’t avoid the accident are unlikely to result in a negligence lawsuit.
Contributory Negligence in Bicycle Accidents
Children on bicycles are often held to a lower standard than drivers; however, state laws vary. Defendants in bike accident cases often claim that the cyclist’s negligence caused or contributed to the collision. Most courts rule that very young children are incapable of contributory negligence under the “tender years” doctrine.
Getting Legal Help
For parents, nothing is more terrifying than learning that your child has been injured in an accident. Anger and fear are normal reactions, but so is being curious about your child’s legal rights. If your kid has been hit by a car while riding their bike, you should immediately seek an experienced attorney. At Anthony Urban Law Offices, P.C., we provide the individualized attention, compassionate support, and tenacious advocacy you deserve.
Call (888) 268-0023 or contact one of our Schuylkill County personal injury attorneys today!