When an adult is riding a bicycle, he or she is expected to obey all traffic laws and ride responsibly to avoid getting struck by a car. When a child is riding a bicycle, the rules are a little bit different, which is why — in some cases — a child might be able to prevail in a personal injury claim, even if he or she was technically at fault for a collision involving an automobile.
Here are a few things parents should know if their child was struck by a car while riding a bike:
— As with all personal injury claims, the success of a case involving a child bicycle versus car accident depends on whether the driver was negligent, and whether the driver’s negligent actions caused the accident and injuries.
— The standard of “negligence” is different when it comes to accidents involving children because drivers owe a higher duty of care to prevent an accident when children are present on the road or when the driver should know that children could be present on the road.
— The common defense of “contributory negligence” — in which the driver tries to claim that the bicyclist was to blame for the crash and his or her injuries — may be more difficult to make when an accident involves a child.
If your son or daughter was hurt by a negligent or reckless driver while riding a bicycle, learn more about your legal rights and options by contacting our law firm. Our legal team is available to speak with you about what happened in the case to evaluate whether you can file a claim for damages in court.