There are many things that can cause bicycle accidents. A car or other type of motorized vehicle may run into a cyclist while on the road or a pedestrian may cause a cyclist to go into oncoming traffic.
Bicycle accidents may also result from riding a bicycle on property where there is a dangerous condition, for example, a hidden pothole on a paved bicycle path in a park that causes harm to the bicycle or the rider.
A child bicycle accident typically occurs when a car strikes a child who is riding a bike. These types of accidents often occur:
These types of accidents can result in serious child injury cases due to the child’s size and due to the fact that, often, the child cannot be initially seen. These types of
These bicycle accidents may sometimes present more challenging aspects in terms of legal repercussions. For example, child bicyclists are typically not held to the same standards as an ordinary adult bicyclist when it comes to what is considered to be negligent bicycling.
As with any type of accident case, determining what party is liable for injuries will depend on numerous factors. A court will not automatically assume that a driver was being negligent or reckless if they struck a child bicyclist while they were driving.
There are, however, certain conditions in which a driver may be held liable for a child bicycle accident. For example, if a driver is aware that children frequently ride bicycles in a certain area and drives recklessly through that area, the court may consider that driver’s knowledge and subsequent actions as factors when determining their liability.
Another example of a common situation in which a driver strikes a child while riding a bike is in a school zone. The majority of school zones require drivers to slow down to 25 mph.
If a driver disregards this speed limit, they may face additional penalties if they are found liable for a child bicycle accident.
If an individual is found liable in a child bicycle case, it may result in legal consequences. These consequences typically include a compensatory damages award.
These monetary damages will typically cover expenses such as:
The damages that are awarded may increase if the case involves a fatality. In certain cases, criminal consequences may also apply.
These consequences may result in additional consequences, including jail time or a loss of driving privileges. Penalties may also increase drastically if driving under the influence (DUI) is a factor.
If an individual or child sustains serious injuries in a bicycle accident, they may need to file a personal injury claim or file a claim on behalf of their child. Personal injuries can damage an individual’s physical and emotional health.
Physical injuries that an individual may sustain in a personal injury case may include injuries to:
A plaintiff may also suffer from emotional pain and anguish related to the personal injury. Injuries that are sustained in an accident may not appear immediately but, instead, may develop over time.
An accident may be intentional or unintentional. An unintentional injury is typically the result of another individual’s negligence.
If this occurs, a lawsuit can be filed based on that negligent behavior. Automobile and bicycle accidents are often considered to be negligence cases.
If the plaintiff can show that the defendant is liable for their injuries, they may be entitled to compensatory damages, as discussed above. These types of damages are intended to compensate a plaintiff and are typically in the form of money.
These damages may be awarded to cover the plaintiff’s medical expenses and lost wages resulting from their injuries.
There are many different types of injuries and fatalities that may result from a bicycle accident, especially those that involve motor vehicles. If an individual is in a bicycle accident, there are several steps they should take, including:
If an individual is involved in a bicycle accident, they should first get out of a dangerous area, such as a roadway, if they are located in one. After this, they should assess any possible injuries.
If an individual or a child has been injured, they should get attention so they can get help. If possible, they may try to determine if there were any witnesses.
Even if an individual has not been seriously injured, they should seek medical attention. They will want to have a record of the incident in case their injury becomes an issue at a later time.
The individual or someone at the scene should call law enforcement. This will help ensure that there is an official record of the accident.
Law enforcement can gauge the situation and determine if any action should be taken at the scene. This may help if a driver is helpful to begin with then later denies any responsibility.
It is important to have an official record of what occurred and statements from the parties involved or witnesses. Although it may seem to be a good idea, an individual should not try to work anything out with the driver alone.
Determining who is at fault is very complicated. An individual would not want to say anything that will incriminate them.
It is important to obtain contact information of parties involved, especially any witnesses. It is important for an individual to be aware of how they can contact:
Also, when communicating with a driver, it is important to obtain their insurance information. If possible, it is also important for the parties to take photographs and notes.
Doing so as soon as possible after the incident will help preserve evidence. Individuals’ memories can easily fade.
In addition, photographs may be helpful for refreshing an individual’s memory and establishing the facts of the case. When doing this, it is important for an individual to remember that they may want to later bring a personal injury claim.
If an individual’s child is involved in a bicycle accident, it is important for them to take these steps on behalf of their child.
If your child has been in a bicycle accident, it is very important to have an attorney helping with your case. In many cases, the driver’s insurance company will attempt to settle the case for as little money as possible.
These types of accidents can cause serious injuries to the cyclist, especially if they are a child. Children are typically smaller and more susceptible to more serious injuries than adults.
It is in your best interests to hire a bicycle accident lawyer in your area if you need assistance with your child’s bicycle injury case. Your attorney can provide you with legal advice and guidance for your child’s claim as well as explain the possible compensation for their injuries.
Also, your lawyer will provide representation if you or your child need to appear in court.
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