What Are Our Legal Rights After A Child Bicycle Accident?

After a child bicycle accident, parents may feel overwhelmed, concerned and possibly frightened. Depending on the severity of your child’s injuries you might be facing long-term care concerns and large medical bills. Understanding your legal rights and enlisting the help of an attorney who familiar with bicycle accident cases can help ease your burden and help you recover compensation to which you and your child are entitled.

Who might be responsible for my child’s bicycle accident?

It is possible that your child’s accident was caused by the negligence or wrongdoing of another party. There are several instances where this will be the case.

Consider the following scenarios and speak with your attorney to determine if any of them apply to your child’s bicycle accident:

• If your child was involved in an accident with another vehicle, the driver of that other vehicle may be at fault. Obtain any police reports that resulted from the accident and any eyewitness statements. Give them to your attorney.
• Your child’s accident could be the result of faulty roadways or trails maintained by local government or another entity. Identifying the responsible party is essential to recovering damages for the accident and resulting injuries. Be sure to photograph the area where the accident occurred if there are potholes or other dangerous conditions. Ask your attorney for help documenting the conditions that caused the accident.
• Faulty equipment is another possible cause of a bicycle accident. If your child’s bicycle malfunctions because of a manufacturing defect, either in the bike itself or the brakes or tires, the manufacturer could be liable for damages. Consult your attorney and ask to have the bicycle reviewed by an expert if you think this could be a factor in the accident.

Will we need to go to court?

You may first file an insurance claim against the at-fault party, such as a driver or a government agency. In many cases, insurance companies and other parties will prefer to settle your case out of court.

In cases where negligence or wrongdoing is clearly evident, the chances of an out-of-court settlement might increase. If you do need to appear in court, your attorney will brief you on what to expect and how to handle the court date.

How will an attorney help us pursue a child bicycle accident claim?

In many bicycle accidents, there are complex legal situations that may benefit from the expertise of an attorney. After a serious child bicycle accident, do not give the insurance company a statement without first consulting your attorney. You may inadvertently say something to an insurance company representative that could harm your case.

In addition, an attorney who handles bicycle accident cases will know whether you need the assistance of any experts to interpret evidence or investigate the accident scene. Your attorney will coordinate all information and obtain any additional details you need to build your case. He or she will also manage the communication between you, the court if necessary, and the insurers. An attorney can also be beneficial to address any defenses from the other party.

Call the Law Office of D.J. Banovitz

The Law Office of D.J. Banovitz can assist after a serious child bicycle accident in Aurora. If you need legal help associated with your child’s accident, contact us at (303) 300-5060 to set up a free consultation.