Kellie T. Barnes, Attorney at Law can help you when your child is injured in a bicycle accident claim in Maryland. It’s one thing when you’re the one that’s hurt, but it’s totally another thing when it’s your child. Seeing your child get hurt in a bicycle accident is one of the most frightening things you can go through. In an instant, a normal bike ride can turn into hospital visits, insurance calls, and questions about what happens next. We can help. Set up a free consultation today.
Does a Lawyer Make Sense When My Child is Hurt in a Bicycle Accident?
There’s a certain fear that comes with seeing your child get hurt. One moment, they’re riding their bike, enjoying time outside, and the next you’re trying to figure out what happened, how serious their injuries are, and what you need to do next. But at the same time, a lawyer isn’t the first thing you’re probably thinking about. Your focus is where it should be—making sure your child’s injuries are taken care of.
That’s where the legal process can help, and that’s usually the point when you start thinking about talking to a lawyer. When you decide to do that, our team can help by:
- Explaining your child’s rights and your legal options
- Investigating how the accident happened
- Gathering evidence and information
- Handling the back-and-forth with insurance companies
- Figuring out who all might be responsible
- Making sure your child’s future needs are considered
For many kids, riding a bike is just part of growing up. It’s how they spend time outside, get around the neighborhood, and enjoy some independence. Unfortunately, bicycle accidents can happen even when they’re doing something completely normal. And when it happens to you and your child, it hits totally differently.
Where Children Can Get Hurt in Bicycle Accidents
Every child has ridden a bike at some point or another. But again, that doesn’t make it any easier when it’s your child that gets hurt. At the same time, though, part of understanding how to handle the aftermath can start with understanding where these types of things usually happen:
- Neighborhood streets. Drivers might be familiar with neighborhood streets, but they don’t always expect children to be riding nearby.
- Intersections and crosswalks. Many accidents happen when drivers fail to yield, make turns without checking first, or simply don’t see your child.
- School zones and common bike routes. These are the areas with a lot more bicycle and pedestrian traffic, especially with children riding to and from school.
- Parks and bike paths. Even though these spots are designed specifically for riding a bike, and there’s less of a chance of a driver causing an accident, they can still happen when the trails or paths aren’t kept up the way they should be.
- Driveways and parking lots. Unfortunately, a lot of child bike accidents happen in their own driveways or in parking lots. It’s sometimes especially tough to see them when it’s crowded as drivers try to back up or get into parking spots.
While these are usually the most common spots, it’s important to remember that a bike accident involving your child could happen anywhere. And while it’s something nobody wants to go through, once it does, information is going to become important.
What Information Should I Look For After My Child Is Hurt in a Bicycle Accident?
The absolute top priority after your child is in a bike accident in Maryland is their health. Calling 911 and getting them medical care should be focus number one. After that, though, there are going to be a few opportunities to get some information that can help moving forward, like:
- Medical records. Keep copies of anything related to your child’s injuries, including:
- Emergency room records
- Doctor visits
- Prescriptions
- Physical therapy records
- Medical bills
- Follow-up treatment recommendations
- Pictures and videos of:
- Your child’s injuries
- The bicycle and any damage
- The accident scene—focusing on road conditions, signs, or anything else that may have factored in
- Witness information. If anyone saw what happened, get their name and contact information. They can provide important details about how the accident happened.
- Insurance information from any drivers involved or any property owners where the accident happened.
Keep in mind that every situation is different, so there might be some variability in the information you’ll need in particular. But in general, it’s these things that are going to form the foundation of your child’s potential injury claim.
How Liability Works When Your Child Is Hurt in a Bicycle Accident
When your child gets hurt in a bicycle accident, you’re not necessarily thinking about who’s responsible, even if you might have a vague idea. In legal terms, though, liability for your child’s injuries depends on whoever was negligent.
That just means that somebody acted in a way that was careless, which in turn caused the accident and your child’s injuries. Most of the time with bicycle accidents, liability falls on a driver, especially if they were:
- Not paying attention behind the wheel
- Failing to yield to your child
- Ignoring the rules of the road
- Driving too fast for the situation
- Turning or changing lanes without looking
- Driving recklessly
- Under the influence of drugs or alcohol
But drivers aren’t the only possible source of liability. It comes down to what actually happened and what actually caused your child’s injuries. That can potentially bring in a:
- Another bike rider or pedestrian
- Bicycle manufacturer
- Property owner
- Government agency responsible for unsafe conditions
Just because your child was hurt doesn’t mean the insurance company is going to make the process easy. They frequently try to argue that your child caused the accident, try to put the blame somewhere else, or offer a settlement before you know the full extent of your child’s injuries. That’s why it’s important to understand your options before agreeing to anything.
How the Claims Process Works in a Child Bicycle Accident
It’s hard to think about a situation where your child gets hurt in a bike accident, but again, it’s something that happens all the time here in Maryland. And once you have a general idea of who might be responsible, you can start looking ahead to the claims process.
Because your child is a minor, they can’t file an injury claim on their own. Instead, you—as their mother or legal guardian—have the right to step in and file a claim on their behalf. And that actually works the same way as it does with any other injury claim. You can either file:
- An insurance claim outside of court
- A personal injury lawsuit
Every case is different, but the focus is the same: making sure your child’s injuries and future needs are fully accounted for before a case is resolved. But the actual damages you can recover are still based on the same thing, your child’s:
- Medical bills and ongoing treatment
- Rehabilitation, therapy, and other recovery costs
- Pain and suffering
- Emotional trauma
- Permanent injuries or disabilities
- Loss of enjoyment of life
- Future medical care and other long-term needs
- Wrongful death damages if the accident tragically results in the loss of your child
No mother expects to find herself in this position. One day your child is riding their bike around the neighborhood, and the next you’re juggling doctor’s appointments, insurance paperwork, and worrying about what comes next. The good news, relatively speaking, is that you don’t have to figure it all out by yourself.
Contact a Maryland Child Bicycle Accident Lawyer
When your child is injured in a bicycle accident in Maryland, you have enough to worry about. Your focus should be on helping your child recover—not fighting with insurance companies or trying to figure out complicated legal issues on your own.
At Kellie T. Barnes, Attorney at Law, we’ll be there to help you and your child through the process and make sure you all have what you need to move forward. Set up a free consultation today to get started.