You can bring a lawsuit on his behalf as well as yours for all of the injuries, expenses, and suffering that the incident created.
How Do I Bring An Action For My Child’s Injuries In A Bike Accident?
If your child has been killed in a bicycle accident , you can file a wrongful death suit against the at-fault driver. If your child was injured while riding his or her bicycle, you may be able to recover damages, as you would for an adult. Illinois uses the Tender Years Doctrine, which states that children under seven years old are incapable of negligence, and thus cannot legally contribute to an accident they were involved in. Appelhans v. McFall, 325 Ill. App. 3d 232, 239 (Ill. App. Ct. 2d Dist. 2001). In Illinois, where a minor child between the ages of 7 and 14 is involved in the accident, there is a rebuttable presumption that the child is not capable of contributory negligence. Savage v. Martin, 256 Ill. App. 3d 272, 281 (Ill. App. Ct. 1st Dist. 1993). This means that it is presumed that that child cannot contribute to the cause of the accident, and the jury must take into account the child’s age, capacity, and intelligence in determining his or her fault.
What Do I Have To Prove To Obtain Recovery For My Child?
What you need to prove depends on the type of cause of action that you bring. If your child was merely injured in an Illinois bicycle accident, then you could sue for negligence. In that case, you’d need to prove the following points: the defendant owed a duty not to injure your kid; he or she broke that duty by crashing into your child; your child was injured and suffered damages because the defendant breached that duty.
However, if your child actually dies from the bicycle accident, then you would need to bring an entirely different form of action. In that scenario, you would need to sue for wrongful death. The elements of a wrongful death lawsuit include the following: your child died; the death occurred because of the defendant’s misconduct (intentional or otherwise); and you suffered damages because of the death. If you would like to know what kind of claim to bring after you child is involved in bicycle accident, then contact our offices. We can make sure that your family gets the recovery you deserve!
Wondering How You Can Help Your Child After A Bicycle Accident?
Rosenfeld Injury Lawyers LLC understands the trauma and stress that parents feel after their kids get into accidents. If your child was hurt on a bicycle, then contact us immediately. We can get to work immediately so that they don’t miss out on the compensation that they deserve. However, time is not on your side because of Illinois’ laws. So call the Rosenfeld Injury Lawyers LLC today and we will get you and your kids on the path to recovery right away.
For additional information see the following pages:
- Can I Have An Expert Testify For How My Bicycle Accident Occurred?
- Can I Only Be Compensated For My Medical Bills If I File A Bicycle Accident Lawsuit In Illiniois?
- Can I Still Recover Compensation For My Injuries If I Was Injured In A Hit-And-Run Bicycle Accident?
- Can More Than One Driver Be Liable In An Illinois Bicycle Accident Claim Or Lawsuit?
- Do I Need To Discuss The Bicycle Accident Details With The Insurance Company If They Contact Me?
- Does Illinois Have Laws Specifically For Bicyclists?
- How Long Do I Have To File A Lawsuit After My Bicycle Accident In Illinois?
- If I Am Injured In A Chicago Bicycle Accident Due To The Fault Of A Motorist, Are They Responsible For Paying My Medical Expenses?
- Is It Possible For Me To Be Found At Fault In My Bicycle Accident And Still Recover Compensation For My Injuries?
- Is It Worthwhile To Hire An Attorney For My Bicycle Accident?
- Is The Repair Shop Responsible For My Injuries If A Faulty Repair Caused My Bicycle Accident?
- What Should I Do If I See A Bicyclist Get Hit By A Driver But I Was Unable To Stop?
- What Should I Do If I Was Injured In An Illinois Bike Accident And The Insurance Company Wants Me To Sign A Medical Authorizatio?
- What Should I Take Pictures Of If I Am In A Bicycle Injury Accident?
- Who Is Responsible If The Driver That Hit Me On My Bike Was Working At The Time?