Almost everyone knows that they need to watch for bicyclists when they are driving. This is even truer when anyone is driving around children who are riding bicycles.
Children don’t have the same understanding as adults. This makes it harder for them to properly gauge dangers. They might not realize how close as car is to them when they are trying to have fun. Unfortunately, this can sometimes lead children to do unsafe things when riding a bike.
There are some areas in which drivers should be even more vigilant about watching for children. Neighborhoods, parks and near schools are some of these. This is considered unusual care since it isn’t the norm.
Drivers who are near kids should be prepared to stop quickly or take other evasive actions if the child jets out in front of them. They should be careful to look around hazards to see if there is a child coming around the bend.
When a child is injured in an accident involving a car, the determination must be made about who is at fault. There is a chance that very young children might not be liable for a crash, no matter what the actual cause. Up until the early teenage years, children might not be able to be considered to any part of contributory negligence. This could mean that the driver of the vehicle is automatically liable because he or she hit the child.
As is the case in many different areas of the law, there are ways that drivers can fight this assumption. If you are a parent who is seeking compensation for your child’s injury, you need to learn about how these points will impact your claim.
Source: FindLaw, “Child Bicycle Accident Liability,” Oct. 20, 2017