The first time a child gets behind the handlebars of his or her bicycle, Ontario parents will strap on as many safety apparatuses as they can in order to keep their child safe. They make sure their child has a suitable helmet, they put safety reflectors on the bicycle, they install blinking lights, and they check to make sure the brakes are working properly. Nevertheless, no amount of safety preparation is enough when a child encounters a negligent driver on the road.
When an Ontario child is injured by a negligent or unlawful driver, parents will have the right to pursue personal injury damages on behalf of their child in court. Civil cases stemming from an accident that involves a child bicyclist and a car are different from those that involve an adult bicyclist and a car. The main difference is the fact that courts tend to place more responsibility on the driver in child bicycle crashes. Indeed, drivers have a legal responsibility to look out for children, to slow down for them, and to drive with extra caution and attention whenever children are present. Even if a child did not have the right-of-way in a typical sense — if the child suddenly darted out into the middle of the road for example — an adult driver may be responsible for failing to be extra cautious while driving in the presence of a child.
At Krylov & Company Barristers, we know how to interpret the evidence related to a child bicycle crash to determine if an injured child and the child’s parents may have a viable personal injury claim for damages. While no results can be guaranteed in a personal injury lawsuit, victims who have a reasonable basis for recovery may have the chance to recover compensation to pay for medical care, damages associated with disabilities and other kinds of damages.
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