In general, cyclists are much more vulnerable on the road than drivers of vehicles. This is because they can often be more difficult to see, especially at night. Additionally, they have minimal external protections when a collision does occur. Therefore, they can suffer from very serious injuries even when the driver is maintaining a slow speed.
If a child cyclist is involved in an accident, the potential for serious injuries is even greater. When a driver sees a child cyclist, they owe an even greater duty of care. They should be aware that the child may take an unexpected action and that they have a greater potential to suffer injuries.
If your child was injured when they were on their bike, it is important that you take the appropriate action to hold the driver responsible. You should be able to seek damages in order to pay for the medical care your child needs.
Determining negligence in a bike accident involving a child
Drivers must exercise extreme care when they see any child on a bike. However, this care should be proportionate to the age of the child.
Occasionally a driver will try to argue that the cyclist contributed to the accident through dangerous actions. If a child is age 4 or younger, this claim cannot be made because such a young child does not understand danger in the same way that an older child does.
If your child was involved in an accident while on their bike and suffered injuries, it’s wise to talk with a personal injury attorney to find out what your legal options are.