Miami Personal Injury Lawyer Blog
Bicycle accidents are not as common as other traffic crashes, but they do tend to cause devastating damage when they occur. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports more than 7,100 casualties in 7,375 annual bike collisions, so 96% of these accidents lead to death or injury.
Children are at risk for multiple reasons, but Florida law offers unique protections to young victims. A Miami bicycle accident attorney can guide you through the legal process, and some information about your options is useful.
Common Causes of Youth Bicycle Accidents
In bustling hubs around South Florida, young cyclists face significant risks. Common causes of accidents include:
- Distracted driving in school zones
- Failure to yield at residential intersections
- So-called “dooring” incidents along congested streets
Many South Florida drivers overlook smaller riders due to blind spots or high speeds. Because children lack experience with complex traffic patterns, even a minor lapse in driver attention can lead to a devastating collision.
Florida’s Diminished Capacity Laws for Minors
State law recognizes that children do not possess the same judgment as adults. Under the doctrine of diminished capacity, courts generally hold that minors under 14 are not fully responsible for their actions in traffic. Unlike adults, these children cannot be expected to understand the intricate dangers of darting out or failing to signal. This legal protection means that a child’s natural impulsivity does not automatically bar them from seeking justice, shifting the focus toward the driver’s responsibility to maintain safety.
Drivers Owe a Greater Duty of Care to Child Cyclists
In Miami, motorists are legally required to exercise a greater duty of care when children are present. Besides school zones, this means drivers must anticipate unpredictable behavior near:
- Parks
- Playgrounds
- Residential blocks
When a driver enters a neighborhood where children are known to play, the law demands heightened vigilance. Failing to slow down or scan for small bikes constitutes a breach of this duty.
Recovering Damages for Child Injuries After a Miami Bike Crash
Securing compensation for a child requires a deep understanding of pediatric needs. Damages in a bike crash go beyond immediate ER visits; they often include future surgeries, physical therapy, and psychological counseling for trauma. Because a child’s body is still developing, injuries like growth plate fractures can have lifelong consequences.
Families may recover costs for medical expenses, pain and suffering, and specialized long-term care. Pursuing a claim against a negligent driver enables your child to receive the comprehensive resources necessary for a full and healthy recovery.
Our Miami Bicycle Accident Lawyer Advises Parents on Legal Options
For the best possible outcome with settlement, it is wise to work with a skilled bicycle accident attorney. Gerson & Schwartz, PA, brings extensive experience to complex child injury cases, leveraging all protections for your family’s rights under Florida’s specific diminished capacity laws. Our firm understands the lifelong impact of pediatric injuries and advocates for the full compensation your child deserves. Please contact us today at (305) 371-6000 to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
