Child Bicycle Accidents: Special Considerations
When children are injured in bicycle accidents, special legal rules apply. Learn about liability and damages.
2023-09-22 • 6 min read
childrenminorsliability
When children are injured in bicycle accidents, special legal considerations apply regarding negligence, damages, and the claims process.• Children are unpredictable • Children don't understand traffic rules • Children may dart into traffic • Minor cannot settle without court approval • Settlement funds often held in trust until 18
Negligence Standards for Children
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Tender Years Doctrine Children under 7 are generally incapable of negligence.
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Children 7-14 Held to standard of reasonable child of similar age, experience, and intelligence.
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Children 14+ Some states treat as adults; others maintain child standard.
Comparative Fault and Children
In comparative negligence states, a child's fault is judged against what's reasonable for their age, not adult standards.
Driver Duties to Children
Drivers must exercise extra caution around children because:
Failure to slow near playgrounds, schools, or visible children can establish negligence.
Special Damages
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Future Medical Care Lifetime of treatment for permanent injuries.
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Future Lost Earnings Economic expert projects career earnings.
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Education Impacts Tutoring, special education needs.
Statute of Limitations
In most states, the statute is "tolled" (paused) until the child turns 18. This gives young victims years to bring claims.
Who Brings the Claim?
- Parent or guardian files on child's behalf
Were You Injured in a Bicycle Accident?
This article is for informational purposes only. Every case is unique. Get personalized legal advice from an experienced bicycle accident attorney.
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