On behalf of Berkshire Ginsberg, LLC posted on Friday, September 27, 2013.
Bicyclists, especially children bicyclists, are particularly susceptible to injuries when they are hit by a car. In the event of a car accident, bicyclists may need all the protections that the legal system can offer. A tow truck driver has been cited in connection with a truck versus bicycle accident in Portland that injured a 16-year-old boy. After striking the boy on his bicycle, the tow truck then fled the scene. According to police, the driver was cited for careless driving and causing serious injury to a vulnerable road user. The citations were issued following an investigation and consultation with the Multnomah County District Attorney’s Office, the victim and the victim’s family. Although the victim suffered injuries, they were non-life threatening. Unfortunately, many of those involved in bicycle accidents with vehicles are children. While drivers are always required to exercise care on the roadway, drivers are required to exercise an increased level of care when it comes to children. This applies not just to young children but to teenaged children as well. If a driver knows that children are present, or reasonably should know that children are present, the driver must demonstrate an increased amount of care in addition to usual bike awareness. When a driver is negligent in a bicycle accident, the driver may be liable to the injured bicyclist for medical expenses and other damages. A negligent driver is a driver that failed to exercise adequate care and caution for others on the roadway and in so doing, caused an accident that resulted in injuries and damages to the victim. A negligent driver can include a drunk driver, distracted driver or a driver that was in some other way careless. A citation that is issued in connection with the accident is usually considered evidence of negligence. Because a bicyclist can suffer serious injuries as a result of a bicycle accident, a negligent driver may be required to compensate the victim as a result. A personal injury attorney can help a victim evaluate the circumstances of the accident and the damages sustained to bring a successful claim for injuries. Source: The Oregonian, “Truck driver cited in connection with Southeast Portland bike accident,” Tom Hallman Jr., Sept. 11, 2013