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Times of Need
Times of Need
What Parents Should Do After a Child’s Bicycle Accident
When a child is hit by a car or seriously injured on a bicycle, parents have a few immediate priorities. Once the immediate medical issues are addressed, it’s important to focus on legal protections.
The Law Office of Mark A. Siesel represents children and adults injured in bicycle and motor vehicle accidents throughout Westchester County and the surrounding New York region. Mark Siesel has practiced personal injury law since 1986 and works directly with families dealing with serious injuries after an accident. He is a longtime member of the New York State Trial Lawyers Association and the American Association for Justice. He is certified under Article 81 and has been recognized as a top-rated attorney by an independent legal directory.
For parents, the first concern is taking care of the child. Our concern is making sure your child’s future is protected by pursuing any compensation you may be eligible for so you can pay for quality medical care and the supports your child needs.
What to Do in the First 24 Hours After the Accident
If your child has been hit by a car, medical care comes first. Even if your child was examined at the scene, pay attention to new complaints or changes in behavior after you get home. Head injuries, fractures and other injuries are not always apparent immediately.
Once your child is safe, preserve as much information about the accident as you can:
- Get the police report or the information needed to obtain it.
- Get the driver’s name, insurance information and license plate number.
- Get names and contact information for witnesses.
- Take photographs of the accident location, your child’s injuries, the bicycle and the vehicle involved.
- Save any photographs or videos taken by your child or witnesses.
- Keep the bicycle and helmet. Do not repair them or throw them away.
If there are stores, homes or businesses near the accident scene, there may also be surveillance video. That footage can be extremely important, but it may be erased within days or weeks. Identifying it early can make the difference between having a video of the accident and having to reconstruct what happened from conflicting accounts months later.
Why a Child’s Injury Claim Is Different From an Adult’s
An adult who is seriously injured can usually explain what has changed. There may be a work history, established earnings and a clear picture of the person’s life before the accident. With a child, much of that life has not happened yet. This can make it harder to predict the impact an injury may have on a child’s future income and quality of life.
Some injuries also have consequences that cannot be measured immediately. A leg injury can affect growth. A permanent disability can affect education, employment and independence many years after the lawsuit is over.
A child’s claim therefore requires careful consideration of how that injury may affect the child’s development and adult life.
There are also things worth paying attention to that may not seem obvious. Notice whether your child is having trouble reading, concentrating, remembering instructions or completing schoolwork. Watch for changes in sleep, appetite, mood or behavior, including anxiety about riding a bicycle, crossing a street or getting into a car. A bicycle accident can create academic problems and can make it harder for children to socialize and keep up with their social group. In some cases, an accident can lead to trauma. All these issues may need to be addressed.
When Should You Consult With a Bicycle Accident Lawyer?
You should consult with a lawyer as soon as possible if your child has been seriously injured. Some of the most important legal work takes place while the child is still being treated.
An attorney can investigate the accident, locate witnesses, request surveillance or traffic-camera footage before it disappears, preserve the bicycle and other physical evidence, obtain police records, deal with insurance companies and determine what insurance coverage is available.
Parents should be able to concentrate on their child. At our law firm, our job is to investigate what happened, protect the child’s legal rights and make sure that any claim considers not only what the accident has already cost, but what the child may need in the years ahead.
Frequently Asked Questions About a Child’s Bicycle Accident
Can we make a claim if another child on a bicycle caused the accident?
Possibly. The fact that both people involved were children does not make an injury legally insignificant. The conduct of each child has to be considered in light of the circumstances and the child-specific standard New York applies to minors. There may also be insurance worth investigating. Depending on how and where the accident occurred, a homeowner’s or other liability policy may become relevant even though no automobile was involved.
What if my child was injured while riding a friend’s bicycle?
Ownership of the bicycle generally does not determine whether someone else was negligent in causing the accident. It can, however, create another factual question if something about the bicycle itself, such as a faulty brake, contributed to the crash.
Can parents recover money they personally spent because of the accident?
Potentially. A serious childhood injury can create expenses that fall on the parents even though the primary personal injury claim belongs to the child. Keep receipts and proof of payment and consult with an attorney about recovering these costs.
What if a dog chased my child and caused the bicycle crash?
If a dog ran into the roadway or pursued the bicycle and caused the child to fall, New York’s rules governing injuries caused by animals may become relevant. These cases turn on facts quite different from a traffic collision, including what was known about the animal before the accident. Identifying the dog and its owner early is therefore more useful than simply documenting where the child fell.
Does it matter if my child was riding on the sidewalk?
It can. New York municipalities can regulate bicycle use on sidewalks, so the applicable rule may depend on where the accident occurred. More importantly, a sidewalk violation, if there was one, does not automatically answer who caused the collision. A child struck at a driveway or crosswalk still requires an investigation into what the cyclist and driver were doing immediately before impact.
What if the driver who hit my child was uninsured?
Depending on the circumstances, New York’s uninsured-motorist framework may provide another avenue for recovery. The available coverage can depend on policies connected to the child’s household as well as the accident itself. In New York, SUM (Supplementary Uninsured/Underinsured Motorists) coverage can be very important if the child qualifies as an “insured” under a household automobile policy. SUM coverage is an affordable addition to many policies. It can provide crucial protection when an at-fault driver is uninsured or does not have sufficient liability coverage.
What if the driver leaves before anyone gets insurance information?
Write down everything that can still be remembered about the vehicle before those details begin to blur: license plate information, make, model, color, distinguishing damage, and direction of travel. If witnesses were present, obtain their contact information rather than relying on the assumption that police will be able to find them later.
Does it matter if a part broke?
It can. If a component failed and caused the crash, the central issue may be whether the bicycle or component was defective. If it was, you may be able to pursue a product liability claim.
Who receives the money if my child’s case eventually settles?
The settlement belongs to the child, not to the parent who pursued the claim. Because a minor generally cannot enter an enforceable settlement independently, New York uses a court-supervised infant compromise process for resolving a child’s personal injury claim. The judge reviews the proposed settlement and the disposition of the child’s funds. Parents should think of themselves as protecting the child’s recovery, not receiving it on the child’s behalf for unrestricted family use.
Can settlement money be spent before my child turns 18?
The court order approving the infant settlement determines how the money is protected and when it can be accessed. If money is needed for something that genuinely benefits the child before adulthood, there may be a procedure for requesting court authorization. The important point is that the account is protected precisely because the money legally belongs to the child.
What if my child becomes afraid to ride a bicycle after physically recovering?
Fear after a frightening collision is understandable and does not automatically mean the child has suffered a compensable psychological injury. But persistent anxiety that interferes with the child’s ordinary life deserves attention for the child’s sake, particularly if it spreads beyond cycling to riding in cars, crossing streets, sleeping, or other activities. If the problem persists, discuss it with a healthcare professional.
Should I sign the medical authorization the driver’s insurer sent me?
Read it and, ideally, consult with an attorney before signing it. An insurer may legitimately need medical information to evaluate an injury claim, but a broadly drafted form may permit access to records extending well beyond the treatment resulting from the bicycle accident. When a child has sustained a significant injury, parents should understand what records are being requested, for what purpose, and for what period before providing an open-ended authorization.
Consult With The Law Office of Mark A. Siesel After Your Child’s Bicycle Accident
After a serious bicycle accident, parents usually have more immediate concerns than insurance claims and legal deadlines. They are dealing with doctors and the uncertainty of not yet knowing whether their child will make a full recovery.
Unfortunately, some parts of an accident investigation cannot be put off until those questions are answered. Evidence may go missing and important insurance or municipal deadlines can pass while the child is still receiving treatment.
There is another reason to investigate early. The driver’s insurance may not be the only coverage available. Depending on the circumstances, a child injured while riding a bicycle may also have a claim under an automobile policy issued to a parent or another member of the household. That coverage can become especially important when the driver who caused the accident has little or no insurance.
The Law Office of Mark A. Siesel represents children and families in bicycle accident cases throughout Westchester County and the surrounding New York area. If your child was seriously injured while riding a bicycle, contact us for a free consultation as soon as possible. Our role is to protect your child’s future.