When a child is injured in a Florida bicycle accident, the injuries can range for minor ones to serious ones to ones that even involve the tragic death of the child. When a child is injured in a bicycle accident, the case or claim must be evaluted on its own merits. One the first issues to address in a bicycle accident is the issue of fault or liability for the child’s injuries. Florida has comparative fault liability and negligence laws in place. In other words, fault or liability may be apportioned among different parties to an accident.
When dealing with issues involving children, it should be noted the Florida law provides that children under the age of 6 years old cannot be held liable or even partially liable for his or her own actions. Children 6 years of age and older can be at fault or partially at fault when there is a bicycle accident. While it may seem unfair to blame or partially blame a child of any age for an accident, Florida law is set up in this fashion and must be followed and interpreterd accordingly when evaluating a Florida Bicycle Injury Case. In many cases, the driver is mostly or even 100 % at fault for hitting the child on the bicycle. The force of the impact from the motor vehicle can lead to serious and even fatal personal injuries for the child.
While it is helpful for the legal claim or case to have a police report in hand with a citation to a driver for the child’s bicycle accident injuries, neither the report nor the citation are required elements for a parent or guardian to pursue a claim for damages or injuries to the child.
There are various provisions of Florida statutes regarding motor vehicle operation, pedestrian safety, and bicycle safety. See Florida Traffic Rules Regulations and Laws – Frequently Asked Questions.
When a child is injured in a Florida Bicycle Accident, it is most important to have the child evaluated by an emergency room physician, urgent care Center, or other qualified medical provider. Thereafter, the parent should arrange for follow up care for the child depending on the type and severity of the injuries. The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury. The personal injury attorneys at the Florida law firm of Wood, Atter & Wolf, P.A. have represented injured children in bicycle accidents since 1957. For over 50 years, this Florida law firm has dedicated its efforts to injury victims and their families. Get a free consultation on a bicycle accident, automobile accident or other type of injury case at Wood, Atter & Wolf, P.A. where the attorneys are On Your Side – At Your Side.