Who Is Liable if a Bike Accident Involves a Minor?

A bicycle accident involving a child can leave those involved with questions about how to hold the wrongdoer accountable for their actions. If you have been involved in a bike accident due to another person’s careless actions, our Conway bicycle accident lawyers are prepared to help.

Understanding Liability in Bicycle Accidents Involving Minors

Conway is a growing South Carolina community known for its historic downtown, family neighborhoods, and busy roadways that are shared by motorists, bicyclists, and pedestrians. Unfortunately, accidents involving children on bicycles happen throughout the area and can result in life-changing injuries.

Liability depends on the specific facts surrounding the collision. In many cases, a negligent driver may be responsible for causing the accident. Drivers have a duty to remain alert, obey traffic laws, and exercise reasonable care around pedestrians, especially in residential neighborhoods, school zones, and parks where young bicyclists are commonly present.

South Carolina follows a modified comparative negligence rule under South Carolina Code Section 15-38-15. This law allows an injured party to recover damages if they are found to be no more than 50% responsible for the accident. However, any compensation awarded to the victim is reduced by their personal liability. For example, if a child rode out recklessly in front of a car and was hit, they may be assigned 40% at fault for the crash. If they were awarded $100,000, they would only take home $60,000.

South Carolina courts also recognize that a child’s age and maturity can affect how fault is evaluated, since young children are not held to the same standard of care as adults.

In some situations, liability may extend beyond the driver. A property owner, government entity responsible for road maintenance, or another party could share responsibility if dangerous conditions contributed to the collision.

How Liability Is Determined

Every bicycle accident involving a minor requires a careful investigation. At Kinon Law Firm, our lawyers gather evidence to identify the responsible parties and build a strong claim on behalf of injured children and their families. Important evidence may include:

• Police reports

• Witness statements

• Surveillance footage

• Photographs from the accident scene

• Dash camera footage

• Traffic camera recordings

• Medical expert opinions

• Diagnostic imaging results

• Treatment plans

• Medical bills

• Documentation of future medical needs

Strong evidence helps establish how the accident occurred, who failed to exercise reasonable care, and the full impact the injuries have had on the victim’s life. Our attorneys work to preserve evidence before it is lost or destroyed and consult with accident reconstruction specialists and other professionals when appropriate to strengthen a client’s claim.

Skilled Legal Advocacy From Bicycle Accident Attorneys in Conway

Kinon Law Firm proudly represents injured clients throughout Conway, Myrtle Beach, and the surrounding South Carolina areas. If your child has been injured in a bicycle accident, our team is ready to protect your family’s interests and guide you through every stage of the legal process. Call 843-488-9191 or contact us online today to schedule your free case evaluation with one of our Conway bicycle accident attorneys.