{"id":353054,"date":"2016-04-04T10:46:35","date_gmt":"2016-04-04T15:46:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/child-bicycle-accident-liability.html"},"modified":"2024-03-12T09:16:58","modified_gmt":"2024-03-12T14:16:58","slug":"child-bicycle-accident-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/child-bicycle-accident-liability.html","title":{"rendered":"Child Bicycle Accident Liability"},"content":{"rendered":"\n
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Child Bicycle Accident Liability<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Liability is often a contested issue when a child’s bicycle riding leads to or results in an accident. Whether you live in a bustling area like Los Angeles or a more rural part of the country, knowing the ins and outs of bicycle safety is essential.<\/p>\r\n

This article discusses the reasons bicycle accidents occur and the consequences of those accidents. The article also offers five biking safety tips for children.<\/p>\r\n

Why Do Bicycle Accidents Happen?<\/h2>\r\n

Often, bike accidents<\/a> happen when a motor vehicle driver doesn’t notice a cyclist on the road. Cyclists, especially young bicyclists, can be harder to spot due to their smaller size.<\/p>\r\n

Road conditions, like potholes or wet surfaces, can also play a part. Sometimes accidents result from a failure to understand traffic laws<\/a> or rules of the road. At other times, an accident occurs due to a motorist’s failure to respect stop signs or the rights of those in bike lanes.<\/p>\r\n

The Consequences of Bicycle Accidents<\/h2>\r\n

Bicycle accidents can lead to serious injuries. From head injuries, which can result in traumatic brain injuries<\/a>, to other wounds that demand medical attention, the aftermath of an accident can be tragic. Such injuries often mean a visit to the emergency room and accumulating medical bills.<\/p>\r\n

In worst-case scenarios, fatalities occur. If a loved one has been a victim of a wrongful death<\/a> due to a bike accident, contact an attorney to discuss your options.<\/p>\r\n

Who Is at Fault?<\/h2>\r\n

Determining liability in a bicycle accident case can be complicated. State law specifies a duty of care<\/a>. This means everyone, including motorists and cyclists, must act responsibly on the roads. If a cyclist accident happens because a motor vehicle driver neglects their duty of care, the driver could be at fault.<\/p>\r\n

But sometimes, a cyclist swerves unpredictably, fails to use hand signals, or breaks traffic laws. That makes the determination of liability for any resulting accident more complex. In that instance, it’s not just the motor vehicle driver who might be at fault. Rather, both the driver and the cyclist could share the responsibility for the accident.<\/p>\r\n

Suppose a child is riding a bicycle near a park, practicing new skills. An adult on a bigger bike is cycling nearby. They are trying to send a text on their phone and paying little attention to their surroundings. As the child tries to make a sudden turn without signaling, the adult, distracted by their phone, doesn’t have enough time to react and prevent a collision.<\/p>\r\n

In this situation, both the child’s unexpected turn and the adult’s distraction played a role in causing the accident. If both cyclists made road errors, they could share responsibility for the accident.<\/p>\r\n

Determining who should pay for damages, medical bills, and other costs becomes more challenging when both parties are at fault. This shared fault can affect how much compensation someone might receive after an accident. This is why it’s important to follow traffic rules, whether driving a car or riding a bike. You and your child can avoid these complicated situations.<\/p>\r\n

Five Bicycle Safety Tips<\/h2>\r\n

To prevent unfortunate incidents like the ones mentioned above, teach your child the tips below.<\/p>\r\n

1. Ensure Young Children Understand and Follow the Rules of the Road<\/h3>\r\n

Just like drivers need to know traffic rules, young bicyclists should, too. This means understanding:<\/p>\r\n