Bicycle riding offers health benefits and enjoyment, especially for children, but poses higher accident risks. Speeding cars near driveways or junctions often cause liability for child bicycle accidents.
Reports from the Consumer Product Safety Commission reveal that nearly 300 children die annually from bicycle-related injuries. Over 400,000 children visit hospital emergency rooms yearly due to such injuries. Young cyclists’ lack of maturity leads to unsafe decision-making.
Who Was Responsible for the Child Bicycle Accident Liability?
In the viral video, a child riding his bike crashes into an open gate. The footage clearly shows that the child didn’t see the gate. Now, the question arises: who bears responsibility, the child or the gate’s owner?
Federal and California laws prohibit holding children under the age of three or four responsible for bicycle accidents. This prohibition exists because children of this age lack the complete comprehension of negligence or the necessity to follow strict traffic rules. “Tender years” refers to the early childhood stage when children are particularly vulnerable and easily influenced.
According to Attorney Ugo Lord, when you are out on the road, you have a duty to yourself and others to pay attention to where you are going. If you watch the video closely, you will see that the gate was open the entire time.
He also stated that the gate’s owner opened it incorrectly because it opened into the street, which grants public access to anyone on the road. Additionally, he emphasized that the gate extends beyond the property line and that homeowners must ensure their property does not endanger anyone, including the gate.
Therefore, the homeowner should be held liable for the accident.
Tips on Ensuring Child Safety in Bicycle Riding and Child Bicycle Accident Liability
As you know, severe injuries can result from bicycle accidents, including head injuries that can lead to traumatic brain damage and other wounds requiring medical attention. So, to prevent such unfortunate events and child bicycle accident liability, here are some tips.
1. Make Sure Children Recognize and Adhere to Traffic Laws
Young bikers should be aware of traffic laws and child bicycle accident liability, just like drivers are. They should know:
- When to stop
- When it’s safe to go
- The right way to give way to other cars.
Teaching children these guidelines early equips them for safe biking and reduces child bicycle accident liability. When taught early, children grasp traffic laws better and understand how to navigate roads safely. This early education instills habits that promote safe biking practices throughout their lives.
2. Teach them about child bicycle accident liability and how to use bike lanes
Road segments reserved exclusively for bicycles are known as bike lanes. They separate bikers from vehicles and trucks and offer them their own space. Using bike lanes allows children to ride more safely, lowering their chance of running into bigger cars.
3. Wear helmets at all times
One of our body’s most delicate organs is the head. Manufacturers designed helmets to shield the head in a collision or fall. Without a helmet, even a minor collision can cause severe brain trauma. Educate children to wear a helmet when riding a bike, as it provides the same level of mental safety as a seatbelt.
4. Teach them how to use hand signals
Drivers or other cyclists can’t predict a rider’s next move. Similar to a car’s turn signals, hand signals work. If a bicycle rider plans to halt or turn, they signal other drivers so they can react appropriately. When children know those signals, it can lessen the likelihood of accidents.
Conclusion
Parents of children between 14 and 18 can be held accountable if their children are at fault in an accident. Therefore, the best approach to ensuring their safety is to establish strict guidelines for their bike riding—regarding where, when, and how they ride. This is particularly crucial for older children.
However, suppose your child is injured in an accident like the one in that video. In that case, you can consult a lawyer to help you with child bicycle accident liability and a personal injury lawsuit.
[…] with many cases like this, determining who is at fault can be tricky. On one hand, the driver of the car seems responsible for the incident, as his […]