In Middleburg, Florida and other Florida communities, there are bicyclists on and near the roads on a daily basis throughout the year. All drivers should proceed with caution any time that a child is on or near the roadway as a bicyclist or a pedestrian. When a child suffers serious personal injuries or dies as a result of a bicycle accident or incident, there are a number of issues that can be involved with the aftermath of such a tragedy. In Florida, legal cases involving children are handled differently than legal cases on behalf of adults. Because of this, it is important that a parent seek legal counsel from an experienced Florida Child Injury Lawyer. Here are some of the issues or questions that arise when a child suffers injuries as a result of a bicycle accident:
Was the accident avoidable on the part of the driver?
Did the driver have the opportunity to see the child bicyclist prior to the bicycle accident?
How old was the child at the time of the bicycle accident?
Were there any witnesses to the bicycle accident?
What was the posted speed limit in the area?
What lanes were available to vehicles? Available to bicyclists?
How did the police report summarize the accident or incident?
Did the driver have liability insurance?
What injuries did the child suffer as a result of the accident?
Was the child wearing a helmet?
Did the child suffer a head injury?
What insurance is available to pay for medical bills?
What insurance is available to pay for funeral expenses?
What insurance is available to compensate the child for pain and suffering?
What insurance is available to compensate the parents for pain and suffering for the heartache of dealing with a significantly injured child or a child who died as a result of a bicycle accident?
The book – When the Wheels Stop Spinning – Legal Rights of the Injured Child – What Parents Need to Know After the Accident – has chapters on the following topics:
Medical Treatment and Personal Injuries
Insurance Issues and Common Questions
School Bus and Day Care Center Transportation Injuries
Settlements, Compensation, and Damages
You can get this book for free at When the Wheels Stop Spinning.
This book addresses many issues and challenges that a parent faces when a child suffers personal injuries. Another good resource for parents is the book – When a Parent’s World Goes from Full to Empty – The Wrongful Death of a Child – What You Need to Know About the Florida Wrongful Death Act. You can get this book for free at From Full to Empty.
It was recently reported by Channel 4 – News4Jax – that a 3 year old child (Blake Carter0 died when he was hit on his bicycle by a 21 year old driver. It was reported that the driver saw two adult bicyclists and swerved around them but did not see the 3 year old bicyclist. You can read more about this story at Jacksonville, Florida Bicycle Accident Claims Life of 3 Year Old Boy. Since this incident involved a death, a full investigation will be conducted by the Florida Highway Patrol and/ or the local police department or sheriff’s office to determine the cause and / or preventability of the incident. It should be noted that a police investigative report is just one of many factors that are considered when a potential case or claim is reviewed or evaluated by a Florida Child Injury Lawyer. The conclusions or findings of the police investigation do not necessarily control the civil case.