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Child injured in an auto-bicycle accident — can I seek damages?

| Mar 7, 2017 | Bicycle Accidents

As the weather slowly but surely improves in Illinois, it is common to see children out on their bicycles. Sadly, there have been numerous children who have been hit by automobiles while enjoying this activity. In some cases injuries resulted, in others lives have been lost. When a child is injured or killed in an auto-bicycle accident, damages may be sought through legal means?

If your child has been injured — or worse — in an auto-bicycle accident, it is okay to question who is responsible and if you have the right to seek compensation for any resulting losses. Drivers are held to a higher standard when driving around children. Extra precautions are to be taken in order to prevent accidents from occurring. If a driver is found to have been negligent in his or her actions resulting in a wreck with a child on a bike, he or she may be held fully responsible for the outcome.

Unfortunately, drivers can only control what they do when behind the wheel. If your child enters the roadway and is hit by a car, the driver may try to claim contributory negligence. This would be his or her way of placing part of the blame on the victim. Contributory negligence may not be applied if a child is considered too young to be held responsible. To get more information about bicycle accident liability and contributory negligence, please visit our firm’s website.

Following an auto-bicycle accident involving a child, parents or legal guardians may be entitled to seek compensation by filing legal claims in an Illinois civil court. An experienced personal injury or wrongful death attorney will be able to review your case and — if it is deemed appropriate — submit any applicable claims in court. If litigation proves successful, you may be awarded full or partial damages for the losses sustained.

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10.0Patrick Gerard Johnston