Know What To Do If Your Child Is Hit While Riding Their Bike

Know What To Do If Your Child Is Hit While Riding Their Bike

Any accident is stressful, but when your child is involved it becomes an absolute nightmare. Keeping calm, getting medical help and caring for your child will be your number one priority, but you should also be aware of the legal aspects of the incident. According to Stanford Children’s Hospital, over 250,000 children are struck by cars while bicycling each year; even worse. About a 100 of those incidents result in fatalities. Learning what to do in the aftermath of an accident now could save your child’s life later — and will also protect you legally after an accident. The most important thing is to call for medical assistance and begin providing emergency treatment as needed, but you should be aware of other needed steps as well.

Get Medical Treatment

Even if your child is alert, conscious and standing up, you should still seek out medical treatment. Internal injuries and concussion can still be present and may not have obvious signs. Stop any visible bleeding and call for assistance. If possible, leave the bike where it is and get your child to a safe location off the road.

Ask Someone you Trust to Document What Happened

Witnesses, any companions or neighbors that are with you or even other family members should document the position of the vehicle, the position and condition of the bicycle and the driver who hit your child. It is better to have someone else do this — it will allow you to focus on your child’s wellbeing and also keep your understandably angry and stressed reaction away from the driver. Anything you say or do now could cause problems for you later.

Call the Police to File a Report

If you’ve already called 911, help is on the way,  but if not, do so now. Report the facts,  and try to stay calm. This is an incredibly stressful and scary situation, but you need to be able to relay what happened as clearly as possible. It may not seem important immediately after the accident, but the details you share now will impact any case you have later.

Knowing what to do after a bike accident can ensure your child gets the help he needs right away and that he has access to medical care, therapy and any other needed resources as he recovers. If your child has already been injured by a driver, we can help. Contact us to talk about the details of the incident and your child’s injuries — and to learn more about your options in the aftermath.

Frequently Asked Questions:

Is a child held to the same “comparative fault” standards as an adult in a West Palm Beach accident?

Florida law recognizes that children do not possess the same discretion or judgment as adults. For children under the age of six, Florida courts generally apply a conclusive presumption that they are incapable of negligence. For older children, the jury must compare the child’s actions to what a reasonably careful child of the same age, mental capacity, intelligence, training, and experience would do under similar circumstances. This makes it much harder for an insurance company to blame a child for “darting out” into traffic on a residential street in West Palm Beach.

Can I recover compensation for my child’s future medical needs if they haven’t finished growing?

Yes. This is one of the most critical aspects of a childhood injury claim. Because children’s bones and brains are still developing, an accident can cause long-term growth plate issues or cognitive delays that aren’t immediately apparent. In West Palm Beach, we work with pediatric life-care planners to calculate the cost of future surgeries, physical therapy, and educational support your child may need through adulthood, ensuring these are included in your settlement.

Does Florida’s “No-Fault” PIP insurance cover my child if they were hit while on their bike?

Yes. If your child is hit by a car while riding their bike in West Palm Beach, your own auto insurance PIP coverage will typically cover up to 80% of reasonable medical expenses, up to a policy limit of $10,000, even though they were not in a car. If the injury does not qualify as an emergency medical condition, coverage may be limited to $2,500. If you do not own a vehicle, a lawyer can help you explore whether a resident relative’s PIP policy covers your child, or whether a claim may be brought under the at-fault driver’s insurance policy, as other avenues may be available.

What is a “Minor Settlement Guardian Ad Litem,” and will I need one?

In Florida, if a child’s personal injury settlement exceeds $15,000, the court may (and if it exceeds $50,000, the court must) appoint a Guardian Ad Litem, a neutral third party, to review the settlement. This is to ensure the settlement is truly in the child’s best interest. Settlements over $15,000 typically require the appointment of a guardian of the property, with the court controlling how the funds are held and spent until the child reaches age 18. The court determines whether funds are placed in a restricted account, structured annuity, or another court-approved vehicle.

Can I sue for my own emotional distress after seeing my child get hit in West Palm Beach?

Yes, under the “Bystander Rule.” If you were present at the scene, witnessed the accident, and are a close relative (parent), you may be able to file a claim for Negligent Infliction of Emotional Distress (NIED). This allows you to seek compensation for your own psychological trauma and related physical manifestations, separate from the compensation your child receives for their physical injuries.

Contact Your Accident Lawyers in West Palm Beach Florida

Whatever you do, please talk to an attorney before you talk to an insurance company about your car accident. The insurance company’s job is to pay you the least amount of money, we want to make sure you are taken care of during your time of need.

Anyone in southern Florida who has a personal injury legal issue pending should contact Smith & Vanture, LLP for a full free injury claim evaluation. Always retain an attorney who can get you what you deserve for your injury.

How Can We Help You?

Need legal representation? Fill out our contact form with some information about your case/concern. We will respond to any inquiry as soon as possible.