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A look at child bicycle accident liability

On Behalf of | Jan 22, 2016 | Uncategorized |

Although adults can enjoy riding too, bicycles are most often associated with children. Many South Carolina parents likely allow their children to ride bicycles because not only is it fun, but the act of riding can also be a good form of exercise. Unfortunately, the majority of bicycle accidents with automobiles involve children. When this happens, parents may, understandably, wish to know what rights they have and how liability works in such cases.

Drivers are always expected to exercise a reasonable amount of care on the road. However, this need to exercise care increases when children are around. Contrarily, the opposite applies to children — there is a much lower standard of care expected of children when it comes to liability. Children can act very unexpectedly and drivers are expected to act accordingly. For instance, a child may, without warning, ride out into the middle of the road. Drivers must be prepared for this at all times children are present.

Drivers owe increased care when driving through areas in which children are frequently present. This includes areas near schools, playgrounds, family neighborhoods and the like. The location in which a bicycle accident occurred can be very important when determining liability. Drivers are not always presumed negligent — children can still be found to be contributorily negligent in an accident — but there is a much higher chance of an adult driver being found negligent in a case involving children.

A bicycle accident can be traumatic for children and can result in many serious injuries. Parents may desire to know what legal remedies are available to them. Attorneys are available to help parents understand their rights and, if possible, take legal action and obtain the compensation they need to cover the many costs associated with a bicycle accident.