Lewis & Tompkins, P.C. | Maryland | Virginia | Washington, D.C.

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The D.C. Area’s Premier Personal Injury Law Firm

Can we file a claim if my child was injured in a bike accident, but wasn’t wearing his bike helmet?

Your child is not alone as a bicycle accident victim. In 2011, there were almost 700 children killed in motor vehicle/bicycle crashes across the country, as well as another 48,000 or so who were injured. A significant portion of these accident victims happened to involve children under the age of 14. In fact, nearly seven out of 10 victims of fatal bicycle accidents were boys.

Washington, D.C. and Maryland are among 22 states/districts that happen to have bicycle helmet laws. Locally, children under the age of 16 are required to wear bicycle helmets. Montgomery County actually has a law requiring anyone under the age of 18 to wear a bike helmet.

Factors to consider when filing a bicycle injury claim:

  • What were your child’s injuries?
  • Was the lack of a helmet a factor in the injuries he sustained?
  • Was the driver negligent by running a stop sign, speeding, or driving while distracted?
  • Did the area where your child was riding feature sidewalks for young children to ride their bikes on?
  • Was your child riding his bike in a safe manner, following the proper traffic laws established for bike riders?

All of these factors, and many others, have an impact on whether or not you have a case.

It’s important to get the guidance of a skilled attorney to handle claims like these. In many instances like these, any legal claim could result in a “he said/she said” argument between parties. A knowledgeable attorney will help your claim by keeping the facts and the evidence at the center of your case.

Call us today to speak with someone in the D.C. area about your bike accident legal questions: 202-296-0666.