For many kids, a bike is their main mode of transportation. Not only does it offer great fun and exercise, but it can also give them a sense of freedom and agency. However, on Seattle’s roads, riding a bike can come with risks.
When accidents happen, especially to one’s child, it can be frightening and overwhelming. It is even more distressing when it is the result of a driver’s negligence. In these cases, understanding the legal landscape surrounding bicycle accidents is crucial. Knowing how liability works can help you navigate the aftermath of an unfortunate accident and ensure the well-being of your child.
Defining liability in Washington state
In bicycle-car accidents, liability often hinges on the motorist’s negligence. In Washington, negligence depends on whether a driver or cyclist failed to exercise reasonable care. For example, if a motorist speeds, runs a red light or fails to yield, they may breach their standard of care.
Under the state’s comparative negligence system, a child or their family can recover damages even if the child is partially at fault. However, the court may reduce the compensation based on the child’s percentage of fault. It’s important to note, though, that the court adjusts the standard to reflect what one might reasonably expect of children.
Understanding special considerations for children
In bicycle accident claims, courts apply a modified standard of care for children. This means that if a child acts in a way that is typical for their age, courts may not consider them negligent. For example, if a child suddenly swerves on their bicycle while playing, the court might view this as normal behavior for a child of that age.
In contrast, they may consider an adult negligent if they swerve abruptly without signaling on a busy road. Adults riding bicycles must follow the same rules of the road as motor vehicle drivers.
Moreover, courts expect drivers to exercise increased caution around young cyclists, since children may act unpredictably. This may have an impact on the outcome of a claim, as it influences how the court assesses fault and what protections they extend to child victims.
Protect your child’s rights
In the wake of an accident, it’s crucial to have someone on your side who understands the legal system. Consulting with an attorney can provide clarity and ensure that your family receives the support and compensation they need.