When a child is injured in a bicycle accident, families face both emotional trauma and complex legal considerations. Children cannot file their own lawsuits, and their cases involve special rules for settlements, damages, and liability. Understanding these issues helps parents protect their child's legal rights and future.
Heightened Duty of Care Toward Child Cyclists
Drivers owe special duties to children in areas where they are likely to be present. In residential neighborhoods, near schools, parks, and playgrounds, drivers must anticipate that children may behave unpredictably. This includes watching for young cyclists who may not follow traffic rules perfectly.
The law recognizes that children lack adult judgment. A child who rides into traffic unexpectedly is not held to the same standard as an adult cyclist. Drivers must exercise greater caution to compensate for children's developmental limitations.
Comparative Fault and Minor Children
Many states limit or prohibit comparative fault findings against young children. Children below certain ages (typically 5-7) may be legally incapable of negligence. For older children, courts consider whether their actions met the standard of care expected for a child of similar age, intelligence, and experience.
Defense attempts to blame child cyclists for accidents often fail or result in minimal fault allocation, recognizing that expecting adult-level traffic judgment from children is unreasonable.
Filing Claims on Behalf of Minors
Parents or legal guardians must file personal injury claims as "next friend" or guardian for injured minors. The parent manages the litigation but the claim belongs to the child. Courts supervise these cases to protect children's interests.
Court approval of settlements is required in most jurisdictions. A judge reviews proposed settlements to ensure they adequately compensate the child and protect their future interests. Inadequate settlements will not be approved.
Protection of Settlement Funds
When settlements are reached, courts ensure funds are protected until the child reaches adulthood. Options include blocked accounts that require court approval for withdrawals, structured settlements providing periodic payments, custodial accounts under the Uniform Transfers to Minors Act, and trusts established for the child's benefit.
These protections prevent misuse of funds intended for the child's long-term needs.
Long-Term Damages for Child Victims
Child bicycle accident injuries may have lifelong consequences requiring substantial compensation. Traumatic brain injuries affect development and future earning capacity. Growth plate injuries may cause permanent orthopedic problems. Psychological trauma impacts the child's relationship with cycling and normal activities.
Calculating damages requires projecting costs across the child's entire life: ongoing medical treatment, educational accommodations, lost future earning capacity, and diminished quality of life. Expert testimony from pediatric specialists, life care planners, and economists establishes these future damages.
Extended Statutes of Limitations
Statutes of limitations for minor children are typically tolled until adulthood. The child generally has until their 20th birthday (or later) to file claims in most states. However, parents' derivative claims for medical expenses may still face standard deadlines.
Despite extended deadlines, early action benefits claims. Evidence is fresher, witnesses are available, and treatment is better documented when cases are pursued promptly.
If your child was injured in a bicycle accident, consult with an attorney to protect your child's rights and ensure all current and future damages are properly addressed.