Are you dealing with a child bike accident in Ohio, Kentucky, Pennsylvania or West Virginia? In addition to getting medical care, you will want legal help as well. In this article, we’ll look at how responsibility and fault are established in child bike accident cases.
Child Bike Accidents: The Facts
Drivers and bike riders should be able to share the streets. Unfortunately in an instant a carefree moment can turn tragic.
- Nationwide 5,000+ children (aged 14 and under) were involved in child bike accidents in 2021.
- In Cleveland alone there were 39 child bike accidents in 2023.
There can be a number of causes of a kid bike accident:
- Distracted drivers – Sending a text, finding a song to listen to, and eating are a few of the things that take a driver’s attention off the road.
- Poor driving conditions – Rain, ice, potholes and other obstacles can cause a driver to lose control.
- Vehicles needing maintenance – Bad brakes, bald tires and worn windshield wipers can also cause accidents.
- Impaired drivers – The driver of the vehicle could be under the influence of drugs or alcohol.
Determining Fault in Child Bike Accidents
If your child was out enjoying a ride and suddenly was the victim of a child bicycle accident, you should seek the help of a child injury attorney. They can help you understand the steps in the legal process. First, is to establish fault.
What is “fault?”
Fault is a legal determination around who was responsible for the accident. It is possible that two (or more) people can be found to be at-fault in a child bicycle accident. This is known as Comparative Fault. In these cases, multiple people can be found to be at fault for the accident. That means they will share the legal punishments and costs.
It’s important to note that generally anyone over 3 years old can be seen as responsible for an accident.
Along with fault, decisions will be made about:
- Negligence: People who are found to be negligent did not set out to hurt anyone.
- Liability: This refers to how much of the responsibility for an accident a person has. A vehicle driver could be found to be at-fault and 100% liable. Or they could be at-fault but only 70% liable while the bike rider has 30% of the liability for their actions.
Why you need a child injury attorney
The stress of the child bicycle accident and the complexity of the legal steps that follow can be a lot. Thanks to years of experience, the team at Spivak + Sakellariou understand this. They can help you navigate the legal process so that you can focus on your child’s recovery.
Keeping Kids Safe
You can help your kids be confident and safe bike riders by providing them with the right equipment and education. Both are important for the safety of your child.
If a bike rider is:
- wearing safety equipment
- riding safely
- following the law
It lessens the potential that they will be in an accident or found at fault if they are involved in an accident.
Equipment
- Make sure that their bike is the right size and fully functional.
- Wearing a helmet is important for riders of all ages.
- Fatalities related to bike injuries can be reduced by 75% for those who wear a helmet.
- Wearing a helmet also decreases head injury risks by 85%.
- Knee and elbow pads can reduce injuries in a child bike accident.
- Reflective clothing, bike reflectors, and bike lights make small riders easier to see.
Education
Make sure your kids know the “rules of the road.” This includes:
- Riding with the flow of traffic
- How to navigate Stop signs
- Signaling their turns
- Not to swerve in and out of cars
- Riding single file
A Trusted Partner
If your family is dealing with the after-effects of your kid’s bike accident, you don’t have to do it alone. The trusted legal team at Spivak + Sakellariou has experience in child bike accidents and can help you navigate the legal process after the accident. They will be by your side as you fight for what your child needs to recover. If you are located in Ohio, Kentucky, Pennsylvania or West Virginia and dealing with a child bicycle accident, contact the compassionate legal team at GSAS today.
