Bicycle Accidents Involving Children

At Bellotti Law Group, P.C., we are dedicated to representing people who have been injured in a wide range of cycling accidents. These include bicycle accidents involving children, who may suffer serious harm that devastates an entire family. Our Boston bicycle accident lawyers use our experience and comprehensive knowledge of the legal process to advocate for families of injured children. We are skilled both in settlement negotiations and at trial, and we will thoroughly investigate a biking accident so that we can develop a strategy appropriate for the situation.

A person who is injured in a bike accident has the right to seek legal remedies from anyone responsible for the crash. This often means suing a driver whose careless or dangerous behavior caused the crash. It may also mean seeking compensation from the driver’s employer if the driver was on the clock at the time of the collision. In other cases, state or local governments may be responsible for failing to keep streets, bike lanes, and bike paths in proper condition, or construction crews may be liable for creating an unsafe situation.

Massachusetts law allows parents and legal guardians to sue on behalf of injured children in state court. These cases often raise tricky legal and procedural issues, so a person considering a lawsuit should consult an experienced bike accident attorney. The damages typically available in these cases include compensation for medical bills and the costs of future treatment and therapy that a child may need. Compensation for pain and suffering as well as emotional distress may also be awarded in most cases arising from bicycle accidents involving children. In tragic instances in which a child dies in an accident, their bereaved parents may pursue a wrongful death claim.

Most bike accident cases are centered around the theory of negligence, which requires people and entities to live up to a certain level of conduct called a “duty of care.” Drivers, for instance, owe others on the road a duty to operate their vehicles in a reasonably safe manner. They are expected to obey traffic signals, look around them before making turns, and remain generally aware of vehicles, bikes, and pedestrians. They also need to adjust their behavior to the circumstances, such as taking extra precautions when traffic is heavy or when children are likely to be present, such as near a school or in a residential area. A driver who does not live up to this duty is considered negligent and is likely to be liable for any injuries that result.

In some cases, a child biker may also have been partly to blame for a collision. A biker who is partly at fault may still obtain some damages from other people involved in the accident, as long as the biker is not found to be 51 percent or more responsible for the crash. Moreover, a child’s knowledge, intelligence, and experience are generally less than those of an adult. In Massachusetts, it is a factual question for a jury as to whether a particular child has the capacity to be negligent and responsible for an accident.

We help people get back on their feet after an accident by seeking to get them the full scope of remedies available under the law. The personal injury and wrongful death attorneys at Bellotti Law Group, P.C., give clients the ability to focus on their own physical and mental recovery with the peace of mind that comes from knowing that we are working relentlessly to advance their legal rights. We have a strong history of success, including a number of six- and seven-figure settlements and verdicts, for the people whom we represent. Our offices are conveniently located in Boston, Cambridge, and Quincy, and we assist children and their parents in cities such as Lowell, Malden, Medford, Somerville, Newton, Waltham, Concord, Revere, Braintree, and Weymouth. Call us at 617-778-1000 or contact us online for an appointment.