On behalf of Berkshire Ginsberg, LLC posted on Tuesday, January 22, 2013.
Drivers must always exercise care towards others on the roadway, but this duty increases when sharing the roadway with children. A 10-year old girl was hit and injured on her bike recently in a neighboring Oregon community south of Portland. The girl was injured in the hit-and-run bicycle accident while riding in a crosswalk. A gray Ford 4-door sedan hit the back tire on the girl’s bike, throwing her to the ground. The car continued south after striking the girl. Some damage was done to the bike. Police are continuing their investigation and searching for the driver. A majority of bicycle and vehicle accidents involve children. Drivers have an increased duty of care when it concerns children on bicycles. Motorists are always required to exercise reasonable care towards others sharing the roadway, including children on bicycles. Accidents between drivers and bicyclists are typically governed by the laws of negligence, which require a duty of care towards others. If that duty is not met, and an injury occurs, it may result in liability for the negligent driver. When the party on the bicycle is a child, however, adult motorists must exercise an increased level of care with the expectation, for instance, that a child may enter the roadway unexpectedly on a bicycle or become startled as a vehicle approaches and behave in an erratic or unanticipated manner. This increased level of care is necessary in areas where children can reasonably be anticipated to be present or at play. Child bicyclists command a higher level of care from motorists than typically owed to those sharing the road. Reasonable care for the safety of other parties sharing the roadway, however, is always required. Source: The Oregonian, “Driver sought after hitting girl on bike in Keizer hit-and-run,” Everton Bailey Jr., Jan. 8, 2013