As in many types of bodily injury claims and cases, defendants in bicycle accident lawsuits often claim that the bicyclist's negligence (for example comparative fault or contributory negligence) caused or contributed to the accident. However, just as drivers are held to a higher standard when children are present, children on bicycles are often held to a lower standard. This is very important to understand in a California bicycle accident case involving a child. The fact still remains that children may be held responsible for contributing to the cause of accidents that happen to them. Under the "tender years" doctrine, most courts hold that very young children (up to age four in many places) are incapable of contributory negligence because they are incapable of exercising care for their own safety or that of others. They are just too young to be held legally at fault. This applies to child bicycle accident cases, meaning that a driver found negligent may not argue that contributory negligence by such a young child caused the accident.
Mark C. Blane is a San Diego Bicycle Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Pedestrian Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.