What to Do When a Child is Seriously Injured in a Bicycle Accident

Many children in the United States enjoy bicycle riding. Along with being an efficient mode of transportation for school-age children, it also offers exercise and a way to stay active. Approximately 70% of children aged five to 14 ride bicycles. Unfortunately, as distracted driving becomes more common, the number of bicycle accidents involving children continues to increase.

Bicycle accidents involving children are more likely to result in serious injuries or even fatal consequences. Multiple factors are at play when bicycle accidents involving children occur. Still, some common factors include negligent drivers, jaywalking collisions with other vehicles in obstacles, or a lack of helmet and protective wear.

The consequences of a child being involved in a bicycle accident can range from minor to severe. Lacerations, bruises, and mild back injuries are common and mild bicycle accidents. However, in more extreme cases, children can suffer catastrophic injuries like skull fractures, internal bleeding, concussions, and brain injuries. In rare cases, children can suffer spinal cord injuries or traumatic brain injuries resulting in paralysis and wrongful death.

Catastrophic bicycle accidents can cause devastating injuries that affect your child for life and require hundreds of thousands of dollars or even millions of dollars in medical treatment. In addition to suffering physical injuries, being involved in a bicycle accident can be traumatizing for you and your child. Your child may need multiple treatment options beyond physical rehabilitation, such as psychiatric help and counseling for post-traumatic stress disorder, depression, and anxiety. Working to obtain a settlement can help you ensure your child has access to all the medical and psychological care they need.

Depending on the accident's severity, your child may be required to spend weeks or months in a specialized children's hospital away from home. The expenses related to commuting to and from the hospital, including hotel stays, can be significant. If your child has suffered neurological or nerve damage, they may have mobility issues that require around-the-clock care. You must work with an attorney who can fight for all the compensation you deserve for your child's current and future medical expenses.

If your child has suffered serious injuries after being struck in a bicycle accident, there are two main ways you can pursue compensation. You can pursue compensation through a settlement with the at-fault driver’s insurance company. You can also pursue a personal injury lawsuit in civil court against the party or parties whose negligence caused the bicycle accident. If your child was 18 years or younger when the accident happened, you, as a parent or guardian, will need to be the one to pursue the civil lawsuit. The parties involved in the lawsuit will be you and your child, the injured plaintiff, and the defendant who caused the accident that resulted in your child's injuries.

Whether you pursue an insurance settlement or a civil lawsuit, you must prove liability to succeed. Drivers have a legal duty to drive using reasonable care under the circumstances. When they fail to do so, victims who become injured by their negligence can sue to hold them accountable. Proving liability requires a thorough investigation.

Your attorney can begin gathering evidence showing the driver's negligence, such as photos, video footage, witness statements, and forensic evidence. You may benefit from working with an accident reconstruction specialist who can prove the driver's negligence. You also benefit from working with medical experts who can help you understand the full medical expenses you will need to pay to care for your child. Before you accept an initial settlement offer from the insurance company or the defendant, it is important that your attorney review the settlement offer.

If your child has been seriously injured in a bicycle accident that was not their fault, you need an aggressive attorney. Your child's medical expenses may be significant. Working with a skilled attorney can increase your likelihood of successfully obtaining the total and fair compensation you need and deserve. The Charlotte personal injury attorneys at Arnold & Smith, PLLC, have a proven track record of recovering millions in compensation for personal injury accident victims. We will work diligently on your behalf and aggressively negotiate the best settlement possible. Contact Arnold & Smith, PLLC, today to schedule a free, no-obligation consultation and learn more about your legal options.