What can I do if my child was hit while riding his bike?

There is nothing more heartbreaking for a parent when their child is injured, especially when they are doing something that is fun, healthy, and an activity all children love to take part in: riding their bicycle. If your child was hit while riding his bike, you can file a lawsuit on behalf of both of you for their injuries, your expenses, and the suffering that the bike accident caused.

At 844 See Mike, we represent clients in Illinois who have suffered personal injuries from a bicycle accident, as well as family members who have lost a loved one in a road accident caused by the negligent or reckless conduct of another person. We know that when a bicycle collides with a vehicle weighing at least 2,000 pounds, the odds are not in the cyclist’s favor and the results can be tragic.

The Tender Years Doctrine

While motor vehicle drivers are required to exercise a reasonable duty of care when sharing the roadways with others on the road when it involves children, particularly small children, drivers are held to an even greater duty of care. The courts also recognize that children have a lower standard of carefulness required while they are riding their bicycles because of their age and mental abilities.

Illinois is one of many states that follows the Tender Years Doctrine. This law states that children under the age of seven are incapable of negligence, thus making it impossible for them to be legally responsible for an accident. If a child is between seven and 14 years of age, the courts allow for a rebuttal presumption that a child is unable to be legally negligent and could not contribute to the cause of the accident dependent on their age, intelligence, and physical and mental capacity.

However, if a driver can show that they did everything reasonably possible to avoid a bike accident with a child, but the accident still occurred, they may not be found liable for the accident. If your child was involved in a bike accident, an experienced personal injury lawyer can review your claim and determine how the laws affect your unique case.

Obtaining Recovery for Your Child

If your child was hit while riding their bike and they were injured, you could sue the driver for negligence. To prove negligence, you will be tasked with showing the following:

• The driver owed a duty to not injure your child;
• The driver breached their duty to not injure your child;
• Your child was injured and suffered damages because of the driver breaching their duty to your child.

If your child was killed in a bike accident, you can sue the negligent driver for your child’s wrongful death. A wrongful death lawsuit will include showing that your child died due to the actions of the driver and that you have suffered due to this loss.

After a bike accident, it is important to get them medical attention immediately. Injuries do not always appear at the time of the accident and could show up later, including concussions and traumatic brain injuries. Once your child has received the medical treatments they needed, consider contacting an experienced personal injury lawyer at 844 See Mike. to review your case. We understand this is an extremely difficult time for your family, let our lawyers ease some of that stress and determine what compensation you may be entitled to.

We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.