In Florida, there is a common risk or danger in most communities. Children ride bicycles in most communities. This is the common risk and danger. It is well known or should be well known that children lack good safety awareness. Furthermore, the motor skills of small children are still developing when the children especially when the children are in pre-school and elementary school. Because of the risks of bicycle riding, it is important for all motorist to slow down any time that a driver is near a child riding a bicycle. Children enjoy riding bicycles in neighborhoods, parking lots, driveways and elsewhere.
When a child is hit by a vehicle while riding a bicycle, the personal injuries can range from minor ones to significant personal injuries including the wrongful death of a child. A child and bicycle are no match for the steel and weight of the typical motor vehicle. When you combine the size differential with any amount of speed, the situation can easily escalate to one with horrific and catastrophic personal injuries.
It should be noted that Florida is a comparative fault state. As such, for a particular accident or incident, there can be a percentage distribution of fault attributed to the bicycle rider and driver. It should also be noted that children under a certain age cannot be held comparatively at fault as a matter of law. In the State of Florida, a child under the age of 6 years old cannot be held comparatively at fault; however, a parent or supervisor of the child may be help proportionally at fault for the lack of supervision of the child.