Bicycling is a popular activity for children, offering both recreation and transportation. However, when a child is involved in a bicycle accident, the consequences can be devastating. According to the Centers for Disease Control and Prevention (CDC), children and adolescents have some of the highest rates of non-fatal bicycle-related injuries. While any accident involving a cyclist is serious, those involving children require special legal attention due to their age, vulnerability, and the unique way the law treats minors.
In this post, we explore the distinct legal considerations that arise when children are injured in bicycle accidents and what parents need to know to protect their child’s rights and future.
CHILDREN ARE HELD TO A DIFFERENT LEGAL STANDARD
One of the first differences in handling a child’s bicycle accident claim is the legal standard of care applied to them. In most personal injury cases, adults are expected to behave with “reasonable care” under the circumstances. Children, however, are judged by a more flexible standard. Courts consider what a reasonable child of the same age, intelligence, and experience would have done in the same situation.
This standard affects both liability and comparative negligence. For example, if a child darts into the road while riding a bike and is struck by a car, the driver’s liability will be evaluated in light of the fact that children often act unpredictably. Drivers in areas with children (such as neighborhoods or school zones) are expected to exercise extra caution.
PARENTAL CLAIMS VS. CHILD’S CLAIMS
In bicycle accident cases involving minors, the law distinguishes between two types of claims:
- The child’s claim: This includes compensation for pain and suffering, emotional distress, disfigurement, and future medical expenses.
- The parent’s claim: Parents can claim for past medical bills they paid on behalf of their child and, in some cases, loss of services or companionship.
While these claims are often pursued together, they are technically separate under the law. In some jurisdictions, courts may require that settlement funds related to the child’s injury be held in trust until the child turns 18 or otherwise used solely for their benefit.
SETTLEMENTS INVOLVING MINORS MUST BE APPROVED BY THE COURT
In most states, any settlement involving an injured minor must be approved by a judge. Putting this safeguard in place is a way to protect the settlement and keep the child’s needs in mind. The court may appoint guardian ad litem, a neutral third party to evaluate the proposed settlement and make recommendations.
The money given to a child is frequently put in an account that can only be accessed when the child becomes an adult. This protects the child’s financial interests and ensures the money is available for future needs, including continued medical care or education.
STATUTE OF LIMITATIONS FOR CHILD INJURY CLAIMS
In standard personal injury cases, there is a time limit—known as the statute of limitations—for filing a lawsuit. For children, this timeframe is often extended. In many states, the clock does not begin to run until the child reaches the age of 18. However, this does not apply to the parents’ claim for medical expenses, which typically must be filed within the standard statute of limitations.
Even though the deadline may seem far off, it is essential to act quickly. As time goes on, important evidence can disappear and witnesses can begin to forget facts which weakens the case.
COMMON CAUSES OF BICYCLE ACCIDENTS INVOLVING CHILDREN
Understanding how these accidents happen can help establish liability. Common causes include:
- Negligent drivers: Speeding, distracted driving, or failing to yield to child cyclists in crosswalks.
- Poor road conditions: Potholes, broken sidewalks, or lack of bike lanes can be dangerous for young riders.
- Defective bicycles or helmets: Manufacturing flaws may lead to injury and give rise to product liability claims.
- Lack of supervision or signage: Schools, camps, or recreational organizations may be liable if they failed to provide a safe biking environment.
Since each situation is distinct, an in-depth investigation is needed to recognize every responsible person.
EMOTIONAL AND PSYCHOLOGICAL IMPACT ON CHILDREN
Children often lack the coping mechanisms that adults rely on after traumatic experiences. A bicycle accident can lead not only to physical injuries but also to emotional challenges such as anxiety, fear of riding again, or even post-traumatic stress disorder (PTSD). These psychological damages can and should be factored into a personal injury claim.
A skilled attorney will often work with medical professionals, including child psychologists, to assess the long-term impact of the injury.
WHY LEGAL REPRESENTATION IS CRUCIAL
Given the complexity of the law when minors are involved, working with a personal injury attorney experienced in child injury claims is critical. Legal professionals can help:
- Investigate the cause of the accident
- Navigate complex settlement procedures
- Protect the child’s long-term financial interests
- Handle insurance negotiations
- Ensure compliance with court procedures for minor settlements
An experienced lawyer also provides peace of mind to parents during what is often an overwhelming and emotional time.
CONCLUSION
Bicycle accidents involving children bring unique legal challenges that differ significantly from adult cases. From differing legal standards to court-approved settlements, these cases require a thoughtful and knowledgeable approach. If your child has been injured in a bicycle accident, it is essential to act quickly and consult with a qualified personal injury attorney who understands the nuances of child injury law.
Your child deserves full and fair compensation—not just for today’s injuries, but for their future well-being.