Children are in one of the most vulnerable classes of people likely to be injured or killed in a bicycle related motor vehicle collision.  For example, in 2013, the National Highway Traffic Safety Administration reported that 743 bicyclists were killed and an estimated 48,000 were injured in motor vehicle collisions in 2013. Among those who are killed, the age groups with the highest risks are adolescents between the ages of 15 and 19, young adults up to age 24 and people older than age 45. The NHTSA also reports that children between the ages of 5 and 15 account for more than 20 percent of bicycle fatalities, and a majority occur when the bicycles are hit by cars. In Los Angeles in 2013, a total of 2,340 bicyclists were killed or injured. Of that number, 168 were children who were under the age of 15.

Perceptual differences with children riding bicycles

Children do not have the same ability to perceive objects near to them as do adults. For children who are ages 5 to 9, they may identify objects, such as motor vehicles, in their peripheral vision. While adults can teach children to use their peripheral vision and the basic rules of the road for riding a bicycle, younger children are much slower at correctly identifying objects using it than are older people. Similarly, children do not tend to use sound when they are identifying cars around them, instead relying on their vision. They are still in the process of developing their senses of danger, and they have the mistaken notion that if they are able to see themselves that others will as well. They may also become impatient, running through lights instead of waiting because of a lack of impulse control.

Legal Standard of Care for Kids

Under California Vehicle Code 21200, bicyclists share the same duties and rights as do other people who are traveling on the roads. This includes the responsibility for following applicable traffic laws. Children in the state are treated differently than are adults, however. In a bicycle accident, the standard of care that is expected of a child is the standard that would be reasonable for other children that are of the same age and intelligence and having similar amounts of experience and knowledge.

Special considerations for cases involving minor victims

When a child is seriously injured in a bicycle collision, it may be best to get help from a child bicycle accident attorney. There are special considerations that must be taken into account in cases in which the victims are minors. In order to protect minors, the law has special procedures that must be followed. When a lawsuit is filed on behalf of a minor, the court will appoint a guardian ad litem to represent the child’s interests. When a settlement is negotiated, the court will review it with the guardian ad litem to make certain that it is reasonable. The funds must then be held for the minor’s benefit until he or she reaches age 18. Often, this is done by setting up a trust account to hold the funds.

While a parent may serve as his or her child’s guardian ad litem, a conflict of interest may exist if the parent is also a party to the same lawsuit. In that case, another family member can seek appointment as the guardian ad litem. The court must approve any settlement agreement that is reached even if it is reached before a lawsuit is filed. When there is a compromise offer, a petition must be filed with the court for its review. These petitions must outline specific facts, including the date and time of the accident, all parties who were involved, all settlements that were paid to other persons who were also injured in the accident, the extent of the injuries, the nature of the injuries and the prognosis for recovery and all of the terms of the settlement offer, among others.