If a driver hit your child while he was riding a bike, you may be able to sue that driver. Your personal injury case can seek to recover compensation for the damages your child suffered and the financial losses you experienced for medical bills and more.
Get help from a child injury lawyer at Max Meyers Law by calling 425-399-7000. Here is an overview of a lawsuit against a negligent driver who caused a bicycle accident with a child.
Your First Steps if a Driver Struck Your Child Who Was Bike Riding
These are a few things you should do to protect your child’s well-being and his right to sue the driver for damages if a vehicle hit your child while he was riding his bike.
Take the Child for Medical Care at Once. If no ambulance came to the scene, take your child to the emergency room. If you did not take your child to the ER because he did not seem to have any injuries, you should still take your child to the pediatrician for a physical examination.
Notify the Authorities About the Accident. Under state law, you must report all injury accidents at once, unless a law enforcement officer came and made a report. The accident report will be valuable evidence in the injury claim.
Get a Personal Injury Lawyer. A lawsuit involving a motor vehicle striking a child who was riding his bike is not a DIY project. To protect your child’s legal rights, get a personal injury attorney on board immediately.
Do Not Delay. Your child could lose the right to compensation for injuries if you miss the deadline for filing a lawsuit. Your lawyer will need time to investigate the case and prepare the documents for court, so do not wait too long to talk to your lawyer.
Working With Your Lawyer on Your Child’s Injury Claim
Give your lawyer the names, contact information, and insurance companies of all the drivers involved in the crash. Also, provide your attorney with the names and contact details of all witnesses who might have useful testimony.
Write down every detail you can remember – the date, time of day, weather conditions, the location of the accident. Keep a journal of what your child experienced while undergoing medical procedures and healing from his injuries. Your memory will fade over time, and your notes can be valuable to refresh your memory.
How Washington State Bicycle Helmet Law May Affect the Case
There is no state law in Washington State that requires people riding bicycles to wear helmets. There are, however, local regulations that require bike helmets. King County, for example, requires bike helmets for bicyclists of all ages.
If your child’s accident took place in a locality that mandated the use of bike helmets and he was not wearing one, you can still bring a lawsuit against the at-fault driver. If the insurance company or defendant tries to argue that your child’s lack of helmet use makes him partially at fault, call us for help.
Fighting Allegations of Comparative Negligence
We can help you fight back if the insurer or defendant tries to reduce your settlement or judgment by arguing comparative negligence. Under this rule, if the injured party contributed to his injuries, then his comparative negligence would reduce his settlement or judgment by his percentage of fault.
If your son was 10 percent at fault, for example, the law of comparative negligence will reduce the amount of compensation he gets by that amount. So, if he was to receive $100,000 for his injuries, he will get $90,000 after the 10 percent reduction.
Call us for help after a bicycle accident involving your child, especially if the insurance company or defendant argues that your child is partially to blame.
Compensation When a Car Hits a Child Who Was Riding a Bike
Children can get the same types of compensation as adults for bike accident injuries. These can include:
- Medical expenses for reasonable and necessary treatment because of the injuries.
- Lost income – usually more of an issue for adults, but if your child worked and lost wages because of his injuries, the case may seek compensation for lost wages.
- Pain and suffering for the physical discomfort and emotional distress your child experienced.
- Long-term consequences, such as ongoing medical procedures, long-term care for catastrophic injuries, disability, and loss of earning potential.
Getting Help for Your Child’s Bike Accident Compensation Claim
One call to Max Meyers Law is all you have to do to get the process started to protect your child’s right to compensation for a bike accident. Call us today at 425-399-7000 for your free case evaluation.