A bicycle-motor vehicle accident involving a child can be the most devastating. Any parent would feel scared and angry after going through such an incident — not to mention confused about their child’s rights. Boulder personal injury attorney Christopher Jeffress explains how the law applies to these cases below.
Drivers Have an Increased Duty of Care Around Children
You can expect adult cyclists to ride predictably and be aware of their surroundings. Kids, on the other hand, shouldn’t be held to the same standard.
Drivers need to anticipate that young children might cross the street without looking around or get startled by a fast car. They are required to be more cautious if they see children or drive through an area where children often visit. That means being on the lookout when commuting near schools, parks, residential neighborhoods, and similar places.
Drivers who fail to meet these standards may be found liable for a bicycle accident.
Can Kids Be Held Responsible for Bike Accidents?
Defendants in bicycle accident lawsuits often like to argue that the victim contributed to the crash in some way. This is known as contributory negligence, and it can affect the amount of compensation that an injured adult is able to receive. But it isn’t so straightforward when children are involved.
Most state laws assert that very young children are incapable of exercising care for their well-being. When this view is applied to bicycle accident cases, it means that a driver probably won’t be able to argue that a young child’s negligence caused the collision.
Schedule a Free Bicycle Accident Consultation in Boulder
The takeaway is that drivers are obligated to exercise greater care around children on bikes. Similarly, children are often held to a lower standard than adults when it comes to looking out for their own safety.
You can learn more about liability in these cases during a free consultation with Boulder attorney Christopher Jeffress. It may be possible to hold the at-fault driver responsible for your child’s injuries.
Call 303-993-8685 to request a free legal consultation at Jeffress Law. We proudly serve clients from Boulder, Longmont, Broomfield, and nearby areas of Colorado.
