When it comes to kids on bikes, drivers have a responsibility to exercise even more caution.
Drivers' Increased Duty of Care Around Children
In bicycle accidents where either a child or adult is involved, whether the driver can be held liable often depends on proving they were negligent. Around children, the amount of care and precaution that drivers are expected to exercise is higher—drivers, for example, should expect that really young children may suddenly dart in front of them or freeze out of fear if the driver approaches too quickly. That’s why drivers must be on the lookout when driving in places where children are present—around schools, parks, bus stops, residential neighborhoods.
Kids & Contributory Negligence
As in many types of injury cases, defendants regularly claim that the victim’s negligence caused or contributed to the accident. This is important because the victim’s compensation can be reduced by an amount proportional with their “negligence.” What’s important is that it’s often harder to argue children on bicycles have contributed to their own accident—and many states even bar this argument. That’s good news for victims.
If your child has been hit by a vehicle, after they receive medical attention, contacting AKW LAW is the best way to ensure your
child’s legal rights are protected.