Fault in accidents involving child cyclists in Naperville is determined by examining whether drivers exercised the heightened duty of care required around children, whether the child was operating the bicycle in a reasonably safe manner for their age, and what traffic laws were violated.
Illinois law recognizes that children cannot be held to the same standard of care as adults, so courts consider the child’s age, experience, and maturity when evaluating their conduct. However, drivers must also exercise extra caution when children are present.
If your child was injured in a bicycle accident in Naperville, a Naperville bicycle accident lawyer can investigate the circumstances, gather evidence, and determine who bears legal responsibility for the collision.
The Legal Standard of Care for Child Cyclists
Illinois law applies different standards of care to children and adults in personal injury cases. Understanding this distinction is critical when determining fault in bicycle accidents involving minors.
Adults are expected to exercise reasonable care under the circumstances, meaning they must act as a reasonably prudent person would in similar situations. Children, however, are held to the standard of what a reasonable child of similar age, intelligence, and experience would do in the same circumstances.
Age Matters
For very young children, typically under age seven, courts often say a child generally cannot be blamed for the accident, regardless of what they did.
For children between seven and fourteen, there is a presumption that they lack the capacity for negligence, though this presumption can be overcome with evidence showing the particular child had sufficient maturity and judgment.
For teenagers over fourteen, courts increasingly apply adult standards, though they still consider the individual’s maturity and experience.
What This Means for Drivers
These age-based standards mean that even when a child cyclist violates a traffic rule or makes a poor decision, they may not be found at fault if their actions were consistent with typical child behavior. Drivers, meanwhile, must anticipate that children may act unpredictably and exercise additional caution in areas where children are likely to be present.
The Heightened Duty Drivers Owe to Children
When driving through residential neighborhoods, school zones, parks, and playgrounds, drivers must be especially vigilant for children who may suddenly enter the roadway.
This includes reducing speed below the posted limit, being prepared to stop suddenly if a child appears, watching for children playing near the road or emerging from between parked cars, and anticipating that children may not look both ways before entering the street.
Courts have consistently held that the presence of children in an area puts drivers on notice that extra caution is required. A driver who strikes a child cyclist in a residential neighborhood during daylight hours will face significant scrutiny regarding whether they were driving at a safe speed and maintaining proper vigilance.
The Role of Parental Supervision
When very young children are involved in bicycle accidents, questions sometimes arise about whether parents should have been supervising more closely. While parental supervision is not typically a direct factor in determining driver fault, it can become relevant in certain circumstances.
Parents have a duty to supervise young children and not allow them to engage in activities beyond their capabilities. If a parent allows a very young child to ride in traffic when the child clearly lacks the skills and judgment to do so safely, this might constitute negligence on the parent’s part.
However, this does not absolve a driver who strikes the child. Both the parent and the driver could potentially share fault. In most cases involving children old enough to ride bicycles in their neighborhoods, parents are not expected to provide constant direct supervision. Children are allowed to play and ride in residential areas, and drivers must account for their presence.
Comparative Negligence and Recovery
Even if a child cyclist in Naperville shares some fault for an accident, the family can still recover compensation as long as the child is less than 50 percent responsible. Their percentage of fault reduces the child’s recovery. For example, if a child is found 20 percent at fault and the total damages are $100,000, the family recovers $80,000.
However, because children are held to a different standard of care than adults, they are less likely to be assigned significant fault percentages. Actions that would constitute clear negligence for an adult may not be considered negligent for a child of a particular age and experience.
This protective standard means that even when a child makes a poor decision or violates a traffic rule, they often bear little or no fault if their actions were typical for a child their age.
What Families Should Do After a Child Bicycle Accident in Naperville
Seek immediate medical attention for your child even if injuries seem minor. Some serious injuries do not produce immediate symptoms, and prompt medical evaluation creates documentation of injuries caused by the accident. Call the police to report the accident and make an official record.
Photograph the accident scene, including the location where the collision occurred, traffic signs and signals, road conditions, damage to the bicycle, and your child’s injuries. Collect contact information from witnesses who saw the accident. Keep the bike, your child’s clothing, and the helmet as evidence. Do not repair or dispose of the bicycle without consulting with an attorney.
Avoid giving recorded statements to insurance companies or discussing the accident in detail with the other party’s insurer. Contact an attorney experienced in bicycle accident cases before accepting any settlement offers or signing any documents.
Contact Charlie Therman for Help With Your Naperville Child Bicycle Accident Case
When your child is injured in a bicycle accident, you need attorneys who understand both the legal protections for children and the tactics insurance companies use to minimize claims. At Charlie Therman Injury & Accident Lawyers, P.C., we have been fighting for injured clients since 2002 and have recovered over $100 million in compensation.
We go to bat for our clients by thoroughly investigating bicycle accidents, gathering evidence that proves driver negligence, and fighting against arguments that blame children for adult drivers’ failures. With 75 years of combined legal experience, our family-oriented firm understands the trauma families experience when a child is injured.
Choose Charlie and let us protect your child’s rights while you focus on their recovery. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Contact us today for a free consultation about how fault may be determined after an accident with a child cyclist in Naperville.
