On behalf of Berkshire Ginsberg, LLC posted on Tuesday, May 14, 2013.
Bicyclists can unexpectedly find themselves harmed in a bicycle accident that make take them by surprise. Just under two hours away a recent Oregon bicycle accident left a 14-year old boy injured. Thebicycle accident occurred just before 6:00 pm when the boy was struck on the road he was pedaling along as the driver of the car, also traveling along the same road, was making a turn off of that road. The boy was taken by ambulance to the hospital. It is unknown if the driver will be cited in the bicycle crash. Drivers owe an increased duty of care when it concerns children on bicycles. Drivers are always expected to exercise reasonable care in avoiding harm to others on the roadways, however, this expectation is increased when children are involved. Additionally, children are held to a lower standard of caution and care than a driver or adult bicyclist would be, for example. In situations when a driver knows or has a reasonable expectation that children will be present, the driver is sometimes held to a standard that is referred to as “unusual care.” This standard requires the driver to exercise an increased standard of care. In some cases, if the driver failed to take the additional precautions required by the unusual care standard (such as increased alertness in an area where children are expected), the driver may be liable for negligence if the driver causes an accident that injures a child. Compensation for harm may then be recoverable against the negligent driver. For any biker injured in a bike crash, serious injuries can result. Because of this, bicycle accident victims may be able to recover compensation for a variety of injuries. For drivers, bike awareness is critical. Source: RegisterGuard.com, “Separate accidents hurt bicyclist, pedestrian‏,” Josephine Woolington, May 8, 2013.