When A Child Is Hit While Biking: Legal And Safety Considerations
It’s every parent’s nightmare: your child is out riding their bike, playing, or walking in your neighborhood, and then the unthinkable happens—a car strikes them. Bicycle accidents involving children are tragic, emotionally overwhelming, and legally complex. Even in quiet neighborhoods, kids are at risk due to driver inattention, blind spots, and failure to yield.
In this post, our colleagues from Hayhurst Law PLLC explore what happens when a child is hit while biking: what rights families have, how fault is determined, and the steps to take after an accident to protect your child’s health and legal interests.
Why Are Kids So Vulnerable On Bikes?
Children are still developing the physical and mental skills needed for safe biking. They may not fully understand traffic rules, can be easily distracted, and often lack the experience to anticipate danger.
Drivers, especially those in a hurry or distracted, may not see a child until it’s too late. Kids are also harder to spot due to their size, and they sometimes ride in less-visible areas like sidewalks or residential driveways.
Legal Protections For Children
In many states, children are held to a different legal standard than adults when it comes to negligence. The law recognizes that young kids don’t have the same ability to foresee or avoid danger. That means even if a child made a sudden movement or failed to look both ways, they may not be considered at fault.
Drivers, on the other hand, are expected to use extra caution in areas where children are likely to be present—such as school zones, parks, or residential streets. When that duty is breached and a child is injured, the driver may be held fully liable.
What To Do If Your Child Is Hit
If your child is involved in an accident with a car, here are the critical first steps:
- Call 911 immediately: Even if injuries seem minor, it’s vital to get medical help and a police report.
- Preserve evidence: Take photos of the scene, the bicycle, and any injuries. Get witness names and contact info.
- Seek follow-up medical care: Some injuries, like concussions or internal trauma, may not show up right away.
- Avoid recorded statements: Don’t speak to the driver’s insurance company until you’ve talked to a lawyer.
Common Injuries In Child Bicycle And Pedestrian Accidents
Even at low speeds, the injuries a child may suffer can be severe:
- Broken bones
- Head trauma or concussion
- Internal injuries
- Emotional distress or PTSD
Recovery can be long and expensive—and some impacts may last a lifetime.
Who Pays For Medical Bills?
In most cases, the at-fault driver’s liability insurance should cover medical costs, pain and suffering, and long-term care if needed. If the driver is uninsured or underinsured, parents may need to turn to their own auto or health insurance policies. In rare cases, municipal negligence (like poor signage or road design) may be a factor.
Final Thoughts
No parent wants to imagine their child being struck by a car. But if it happens, knowing your rights, and your child’s, is essential. The law offers strong protections for young riders, and legal action can provide the support a family needs to recover physically, emotionally, and financially.
If your child was injured while bicycling or walking, a pedestrian accident lawyer can provide you with legal guidance and support on what to do next to make sure that your family has the resources they need to support your baby’s healing.