Child bicycle accidents are usually incidents where a car strikes a child who is riding a bike. This type of accident typically happens on residential roadways, in parking lots, or near schools. These can often be serious child injury cases due to the child’s size, and often times because the child cannot be initially seen.
These bicycle accidents can sometimes present more challenging aspects in terms of legal repercussions. For instance, child bicyclists often are not held to the same standards as an ordinary adult bicyclist when it comes to what counts as negligent bicycling.
Who Can Be Held Liable for a Child Bicycle Accident?
As in any accident case, figuring out who is liable for injuries will depend on many factors. Courts do not automatically assume that a driver was being reckless or negligent if they struck a child bicyclist while driving. However, there are certain conditions where a driver might be held liable for a child bicycle accident.
For instance, if a driver knows that there are children frequently riding bikes in an area and drives recklessly through that area, the court might consider the driver’s knowledge and subsequent actions as factors when determining liability.
Another common situation is where a driver strikes a child riding a bike in a school zones. Most school zones require the driver to slow their speed to 25 mph. If the driver disregards this, they could receive additional penalties if they are found responsible for a child bicycle accident.
What Are the Legal Consequences Involved in Child Bicycle Accident Cases?
If a person is found liable for a child bicycle case, it could result in legal consequences. These usually consist of a compensatory damages award. The monetary damages will typically cover expenses such as medical bills, hospital expenses and other costs. Damages may increase if the case is a fatal one.
In some cases, criminal consequences may apply as well. These may result in additional consequences, such as jail time or a loss of driving privileges. Lastly, penalties may increase drastically if driving under the influence (DUI) is a factor.
Do I Need a Lawyer for Help with Child Bicycle Accident Legal Issues?
Child bike accidents can involve some serious injuries and may require legal issues for resolving. You may need to hire a personal injury lawyer in your area if you need assistance with a child bicycle injury case. Your attorney can provide you with legal advice and guidance for your claim. Also, your lawyer can provide representation if you need to appear in court.