Bicycle accidents involving children are particularly heartbreaking. Minors are more vulnerable to severe injuries due to their size and lack of experience navigating traffic. If your child has been injured in a bicycle accident, you may wonder if legal action is possible and how Florida law protects minors in these situations.
At FGB Law, we understand the unique complexities of cases involving injured children. This article explains your legal options, the protections available for minors, and the steps to take after a child’s bicycle accident.
Legal Protections for Children in Florida Bicycle Accidents
Florida law recognizes that children require special legal protections, particularly in personal injury cases. When a child is injured in a bicycle accident, the legal system accounts for their vulnerability and long-term needs.
1. Duty of Care for Drivers
- Drivers have a heightened duty of care to avoid harming children, especially in residential areas, school zones, and neighborhoods where children are likely to be present.
2. Negligence Standards for Children
- Florida law applies different standards of care when determining negligence for minors. Children are not held to the same level of accountability as adults, and drivers may bear more responsibility if they fail to anticipate a child’s actions.
3. Parental Claims
- Parents can file claims on behalf of their injured children to recover compensation for medical expenses, pain and suffering, and other damages.
Common Causes of Bicycle Accidents Involving Children
Understanding the causes of these accidents can help families take steps to protect their children and strengthen a legal claim.
- Distracted Driving: Drivers failing to notice children due to distractions like texting or eating.
- Failure to Yield: Drivers neglecting to yield the right of way to children at crosswalks or intersections.
- Speeding: Excessive speeds reduce a driver’s ability to stop in time to avoid hitting a child.
- Unsafe Road Conditions: Poorly maintained roads or lack of proper signage in areas frequented by children.
- Parked Car Incidents: Children being struck by vehicles backing out of driveways or parking spaces.
Common Injuries in Child Bicycle Accidents
Bicycle accidents involving children often result in severe injuries, including:
- Head Injuries: Even with helmets, children are susceptible to concussions and traumatic brain injuries.
- Fractures: Broken arms, legs, and ribs are common in high-impact accidents.
- Internal Injuries: Damage to internal organs can occur due to the force of the collision.
- Lacerations and Abrasions: Cuts and road rash can leave lasting scars.
- Psychological Trauma: Many children experience emotional distress or anxiety after an accident.
Steps to Take After a Child’s Bicycle Accident
If your child has been injured in a bicycle accident, taking the right steps can protect their health and strengthen your legal claim.
1. Seek Immediate Medical Attention
- Ensure your child receives prompt medical care, even if injuries appear minor. Document all treatments and diagnoses.
2. Report the Accident
- Contact the police to file an official report. This creates a critical record of the incident.
3. Gather Evidence
- Take photos of the accident scene, your child’s injuries, and any property damage. Collect contact information from witnesses.
4. Document Expenses
- Keep records of medical bills, transportation costs, and any other expenses related to the accident.
5. Consult an Attorney
- An experienced attorney can help you navigate the complexities of filing a claim on behalf of your child.
Filing a Lawsuit for a Child’s Bicycle Accident
If negligence played a role in your child’s bicycle accident, you might be able to file a personal injury lawsuit to recover compensation.
1. Proving Negligence
- To establish liability, you must prove that the driver or another party acted negligently, causing your child’s injuries. This may include distracted driving, speeding, or failing to yield.
2. Damages You Can Claim
- Medical Expenses: Current and future treatment costs.
- Pain and Suffering: Emotional and physical pain endured by your child.
- Parental Damages: Compensation for parents’ time lost from work and emotional distress.
3. Long-Term Considerations
- Severe injuries may require long-term care or impact your child’s ability to lead a normal life. These factors can influence the amount of compensation sought.
4. Statute of Limitations
- Florida generally allows parents to file claims for injured children up until their child turns 18. However, filing sooner ensures evidence is preserved and witnesses are available.
Why Choose FGB Law for Bicycle Accident Cases Involving Children?
At FGB Law, we understand the emotional toll a child’s injury can take on your family. Our team is dedicated to providing compassionate, experienced legal representation to help you navigate this difficult time.
We work tirelessly to build strong cases, negotiate with insurance companies, and pursue the compensation your child deserves for their injuries and recovery.
Contact FGB Law for Help With Your Child’s Bicycle Accident Claim
If your child has been injured in a bicycle accident, you don’t have to face the legal process alone. At FGB Law, we are here to guide you every step of the way and fight for your family’s rights.
Call FGB Law today at (941) 979-9010 or complete our online form to schedule your free consultation. Let us help you seek justice for your child.