What are the Rights of the Injured Child Bicyclist in the State of Florida?

Red Bicycle.001In Florida, there is a common activity in every one of the 67 counties – children riding their bicycles.   From toddlers on trikes to teens on mountain bikes and racers, children enjoy the freedom and exercise of riding their bicycles on and near Florida roads and streets.  While it is a very enjoyable and normally healthy activity to participate in, it can also be quite dangerous.   The truth is that the road is filled with drivers who are in a hurry and drivers who are distracted.   Just a second of inaction or carelessness behind the wheel of a motor vehicle can have drastic and life altering effects on the child bicyclist.  As such, it is vital that ALL DRIVERS be on the look out for the child bicyclist in the community.   A child bicyclist can be seen in a variety of locations from the driveway to the neighborhood to busy streets and parking lots. Wherever you see a child bicyclist, SLOW DOWN and MAKE SURE that the child is not put in harm’s way.   Safety awareness and attention are keys to protecting our children in the community who are bicyclists / cyclists.

If a child bicyclist is hit by a motor vehicle while riding a bicycle, the family of the child can pursue a legal case or claim on behalf of the injured child.   There are four essential elements to prove in a Florida Bicycle Injury Case as follows:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages

The rules of the road apply to drivers, bicyclists, and pedestrians.  In Florida, we have comparative fault in the field of personal injury and negligence. In other words, the driver does not have to be 100 % at fault to be able to pursue a claim or case on behalf of the injured cyclist.   Even if the bicyclist is partially at fault, a claim or case can still be pursued.  Each case must be evaluated on its own facts and merits.  Furthermore, it should be noted that if a driver has the opportunity see a bicyclist – then the driver, in most instances, shoud yield the right of way to the bicyclist.   For instance, in the State of Florida, the driver of a motor vehicle must give a bicyclist at least 3 feet of distance when passing a bicyclist.  Furthermore, when a bicyclist is riding upon a sidewalk, Florida law essentially then designates this particular bicyclist as a pedestrian for all intents and purposes.

David Wolf is a child injury attorney and a child safety advocate. He is the author of 7 books including the book titled – Bikes, Trikes and Automobiles – Legal Rights of the Injured Cyclist.  This book has chapters on Medical Bills, Medical Treatment, Settlemnt / Compensation, Wrongful Death, and other topics. David Wolf strongly believes in Giving a Voice to Injured Children and Their Families.  As such, he is available 24 / 7 to his clients and prospective clients.  If you need advice, guidance, and legal representation as to the Florida Bicycle Personal Injury or another type of personal injury matter, contact David Wolf.  Get D Wolf – On Your Side – At Your Side.