More children are struck by vehicles while riding their bicycles during the summer months than at any other time of the year. It’s not just that school is out during summer – the longer summer days are the main culprit. The longer the day the longer the children stay out riding.
Child bike injury legal claims are a specialized type of case. To name a few of the tricky issues that can arise: Georgia’s dart-out statute, the tender years doctrine, parental immunity, and coordinating insurance coverage. Sorting out these complicated issues and putting together a strategy that results in a successful resolution of your child’s injury claim requires the careful attention of your attorney.
Here is the # 1 legal principle in this area – Drivers owe children a duty to see them. There is some very helpful law on this point in the State of Georgia, starting with O.C.G.A. Section 40-6-93, which reads as follows:
“Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.”
Georgia drivers owe “any child” a duty to avoid colliding with them when they are “upon any roadway.”
If your child has been injured while riding a bike and you believe someone else was at fault, please call me. The initial phone consultation is free and if you need to hire me, I work on a contingency fee basis (which means you don’t have to pay me anything yourself – I am paid at the end of the case out of the settlement).
Attorney Pete Pearson practices personal injury law in Atlanta, Georgia and has a special interest in helping families of injured children. He is a father to six and lives with his wife and children in Conyers, Georgia. He can be reached directly at Six-Seven-Eight 358-2564.