Fighting for Victims in
Times of Need
Times of Need
Child Bicycle Accidents
A child on a bicycle has almost no protection against a car. There is no steel frame around the child, no airbag, and no seatbelt. The Law Office of Mark A. Siesel represents people injured in bicycle accidents throughout Westchester County, the Hudson Valley, and the New York metropolitan area.
Our team works with families who have had a child injured, and these bicycle accidents can be among the most devastating. Mark A. Siesel has been a longtime member of the New York State Trial Lawyers Association (NYSTLA), an organization dedicated to supporting trial lawyers and protecting the rights of injured people. He is also a member of the New York State Bar Association and the Westchester Bar Association.
Getting Answers After Your Child’s Bike Ride Ends in Injury
New York generally gives bicyclists using a roadway the rights of motorists while also imposing many of the same traffic duties. But a driver still has obligations, including a duty to look out for children and be ready to respond.
A child’s conduct, on the other hand, is generally evaluated against what could reasonably be expected from a child of similar age and development. That’s important to keep in mind because an insurance adjuster can describe a child’s movement in adult language: the rider “failed to yield,” or “did not maintain a proper lookout.” Those phrases do not necessarily resolve whether the child acted negligently.
New York courts can still find an older child partly or even completely responsible where the evidence warrants it. That is why Mark Siesel’s approach begins with the facts and a consultation that gives you an opportunity to ask questions.
What If My Child Was Not Wearing a Helmet?
If your child was not wearing a helmet, you may still have a personal injury claim. For children under 14, New York law requires an approved bicycle helmet. But the law specifically provides that failure to comply with the helmet requirement does not constitute contributory negligence or assumption of risk. It also says the violation cannot reduce the damages recoverable in a personal injury or wrongful death action. In other words, the helmet law is a safety rule. It is not a device for an insurance company to use to discount an injured child’s claim.
Can the Insurance Company Blame Me for Failing to Supervise My Child?
A defendant may try to shift the conversation toward the parent: Why was the child riding there? Why was nobody beside the child? However, in a claim brought for the child’s injuries, New York law does not simply transfer a parent’s alleged contributory negligence to the child. That rule prevents the child’s right to recover from being diminished merely because someone contends that a parent should have exercised closer supervision.
Who Pays the Medical Bills?
New York’s No-Fault system can provide first-party benefits for qualifying losses arising from the use or operation of a motor vehicle, including accident-related medical expenses. Basic No-Fault coverage generally provides up to $50,000 per person for covered economic losses. It is designed to operate without waiting for the parties to finish arguing about who caused the crash.
In addition to the $50,000 in coverage, there is an additional potential $100,000 in benefits available for those who qualify. Just like obtaining more than the basic minimum of Supplemental Uninsured/Underinsured Motorist (SUM) coverage is a great value, there is also an additional coverage called optional basic economic loss (OBEL). If you obtain OBEL, which is moderately priced, you have more protection in the event of economic loss. Many insurance companies do not promote additional SUM or OBEL coverage, but they are worth inquiring about.
There is also a deadline that deserves immediate attention. Written notice of a No-Fault claim generally must be provided to the appropriate insurer within 30 days of the accident, unless there is a clear and reasonable justification for the delay. That is one reason The Law Office of Mark A. Siesel encourages injured people to address the insurance side early, even when the long-term medical picture is still developing.
New York’s No-Fault law generally restricts recovery for pain and suffering in covered motor vehicle cases unless the injured person has sustained a “serious injury” within the meaning of the Insurance Law. A fracture qualifies. Other injuries can qualify because of their permanence, significance or effect on bodily function, but the analysis depends on medical evidence rather than the name attached to the diagnosis.
What Evidence Should Parents Preserve?
Parents should keep as much evidence as possible, including:
- The damaged bicycle.
- Images of the scene, if possible.
- Witness contact information, if possible.
- Any police and medical records.
- A journal of days lost at school, work missed, and symptoms.
- Receipts for any related costs, such as dental work or taxis home from the hospital.
What If the Road or Bike Lane Caused the Crash?
Sometimes, the at-fault party is not a negligent driver but a defective roadway or bike lane. In these cases, responsibility for the location may belong to a municipality, contractor, utility company, property owner or some combination of entities. A claim may turn on who was responsible for that portion of the property, whether the responsible party had legally sufficient notice of the condition and whether special rules apply to the defendant involved.
Claims against New York municipalities and other public entities may require a Notice of Claim within 90 days after the claim arises. A child’s age can be relevant when a court considers a request to serve a late notice, but parents should be prepared to act quickly to protect their child’s interests.
How Long Does a Child Have to Bring a Claim?
Although New York personal injury cases generally have a three-year limitations period, that period may be tolled when the injured person is a minor. New York’s infancy toll can extend the time available for a child’s claim. But evidence and the strength of the case can be impacted by waiting. Consulting with an attorney early in the process is still the best strategy.
What Is a Child Bicycle Accident Case Really Worth?
There is no responsible way to answer that question from an injury label alone.
Two children can sustain the same fracture and have very different cases. One heals completely after immobilization. The other needs surgery, loses range of motion and cannot return to the sport that structured much of adolescence.
A child’s damages also have a longer horizon. When an adult says a shoulder injury prevents him from lifting at work, the economic consequence may already be measurable. A young child has no established earning history, and future limitations may not become apparent until later stages of growth, education or employment. That uncertainty makes careful medical development more important.
Frequently Asked Questions About Child Bicycle Accidents
Can an insurance company contact my child directly after a bicycle accident?
Parents should be cautious about allowing an insurance representative to interview an injured child and should not give a statement to an insurer themselves without consulting with an attorney. Insurance adjusters can use any statements against you.
What happens if the driver who hit my child leaves the scene?
A hit-and-run does not necessarily leave the family without a source of compensation. Depending on the circumstances and the insurance available in the household, there may be coverage even when police never identify the vehicle.
Can we make a claim if the driver who hit my child has little or no insurance?
Possibly. Uninsured or supplementary uninsured/underinsured motorist (SUM) coverage available through an applicable automobile policy may become important when the responsible driver has no insurance or insufficient coverage. SUM coverage can be the best deal in car insurance because it protects you in situations like this.
What if another child caused the bicycle accident?
The fact that the person who caused an accident is a minor does not automatically prevent an injury claim. These cases are highly fact-dependent, and homeowners or other liability insurance may also become relevant.
Does it matter if my child was riding an e-bike rather than a regular bicycle?
Yes. New York law treats electric bicycles differently from ordinary bicycles in several important respects, including who may operate certain e-bikes and where they may be ridden.
Should I avoid social media after my child has been in a bicycle accident?
In general, it is best to avoid posting anything on social media after a bicycle accident, at least until you consult with an attorney. Assume that posts can eventually be seen by an insurance company or defense attorney. A picture of a child smiling at a birthday party says very little about what happened before or after the picture was taken, but it can still become material for an argument that the child’s injuries are less limiting than the family claims.
Can we recover expenses we have paid because of our child’s injury?
Potential claims are not necessarily limited to the child’s pain and suffering. A serious injury can generate expenses and financial consequences for the family that need to be identified separately. Which losses are recoverable, who is legally entitled to claim them, and whether an insurer has already paid them depend on the circumstances. Keep receipts and a contemporaneous record of accident-related expenses to review them with your attorney.
What if my child misses school because of the accident?
School records can become useful evidence when an injury disrupts attendance or academic functioning. Even once your child returns to school, additional supports may be needed, and seeking compensation for any tutoring, therapy, and extra help is important.
Will my child have to go to court?
Most personal injury claims do not end in a trial, so filing a claim does not mean a child will inevitably testify in a courtroom. If litigation becomes necessary, there may be stages at which the child’s participation is required, depending on the child’s age and the issues in dispute. An attorney can explain that process before it happens and determine how much direct involvement is actually necessary.
Can parents accept a settlement on behalf of an injured child?
In New York, court approval is generally required to settle an infant’s personal injury claim. The court reviews the proposed resolution and the arrangements for the child’s settlement proceeds. That additional oversight exists because the money belongs to the child, even though a parent or guardian is acting on the child’s behalf.
What happens to settlement money until my child turns 18?
The answer depends on the terms of the court-approved settlement. In many cases, funds belonging to the child are placed in a protected account or otherwise handled under an arrangement that restricts access until the child reaches adulthood. A parent generally cannot treat the child’s recovery as ordinary household money simply because the parent brought the claim on the child’s behalf.
Why Consult With The Law Office of Mark A. Siesel?
Mark A. Siesel has represented accident victims in New York for decades and began his career working on the defense side of personal injury litigation. The Law Office of Mark A. Siesel serves clients in Westchester County, the lower Hudson Valley and throughout the New York metropolitan area, with offices in White Plains and the Bronx and a satellite office in Peekskill. The firm offers free consultations to people who have been injured in accidents.
If your child was seriously injured while riding a bicycle, you do not need to decide on your own whether the injury is “serious enough” for a claim. Those are conclusions that should follow an investigation, not precede one. Contact The Law Office of Mark A. Siesel for a free consultation where we can explore next steps.