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Children Bike Accidents and Injuries
Bikers have rights… Don’t let your injury stop you.
Children bike accidents and injuries are often fatal. Presenting a claim for children with serious bicycle accident injuries requires, in my opinion, a great degree of thought, planning and preparation.
What a tough topic to write about and even tougher to be reading.
I have separated the degrees of injuries into different sections.
This section contains general information about:
– Serious Bicycle Injuries to Children.
– Fatal Bicycle Accidents to Children.
– Brain Injuries to Children from a Bicycle Accident.
– Bicycle Accident with Fractures to Children.
– Bicycle Accident with Dental and Jaw Injuries to Children.
SERIOUS BICYCLE INJURIES TO CHILDREN
In terms of how or why the accident happened – do not assume each child death bicycle accident case is the same, because the insurance company will pull the rug out from under you if you do.
There are differences in trial and negotiation tactics for different types of claims.
For example, was your child:
– Being transported on your bicycle, in a rear-child or infant seat;
– Behind you on an attached bike wheel with a seat for kids;
– Being transported in front of you;
– In a separate little wagon or covered child carrier with its own wheels
– Riding ahead or behind you on his or her own little bicycle;
– Riding a bicycle in the day time or at night;
– Wearing a helmet;
– On a tricycle;
– On a bicycle with training wheels.
Each of these fact patterns can make a difference in the arguments which may or may not be available to the insurance company. Each one of these different types of bicycling involving your child will have different tactics, evidence, arguments, and will need to be anticipated in jury selection and accident reconstruction by your Portland Bicycle Accident Attorney.
Each of these presents different bicycle accident child safety issues and fact patterns both in terms of how or why the accident may have happened and also how or why the injuries may have happened.
Just for one simple example, children riding solo on their own little bike but trailing an adult rider – like a little girl following mommy in broad daylight at an intersection – will have a lower profile for visibility than a taller rider, and there may be an eye-tracking and perception difference as the driver selects a moving object and focuses on a single adult bicycling.
A child being transported on a rear bicycle seat in a bicycle child safety seat will give the bicycle different handling characteristics for turning and maneuvering.
A child on his or her own bicycle will be much closer to the level of car bumper, and this affects the visibility and also the risk of injury.
An experienced child bicycle accident personal injury attorney should be very familiar with these different scenarios and bike accident facts.
CHILDREN BICYCLE FATALITY LAWSUITS
Children in fatal bicycle accidents. It hurts to write about it.
But this is a website, you are expecting information, and I am going to give you some, straight and uncut.
There are different possible claims depending upon the length of time that your child survived after the accident. If the death was instantaneous then probably a lawsuit about the suffering of your child until death, commonly called a “survival” action, is not usually the type of lawsuit legal theory selected.
Usually, the lawsuit or claim is about a theory and law called “wrongful death”.
Now please note, that this section contains information about children in fatal bicycle accidents, but the section of this Portland Bicycle Accident Attorney website about Wrongful Death should also be read as well.
When a child dies in a fatal bicycle accident, there is a tendency I have observed on a couple of occasions for inexperienced personal injury lawyers to gloss over the hard proof because it is obvious.
Ambulance or Fire Rescue Records will show something called a “Glasgow Coma Scale” exam if your child was unconscious but breathing at the time of their arrival. There may be resuscitation efforts described. These items of proof are in my opinion powerful entry points into the negotiations.
The following are also important pieces of evidence for negotiations.
– A death certificate;
– Possibly an autopsy
– Hospital records of the arrival of your child at the ER;
– 911 dispatch tapes and transport tapes
– TV footage.
I have seen some lawyers and adjusters simply agree that the death was caused in the accident.
This is a short cut that leaves the adjuster comfortable; the adjuster can more easily maintain an emotional and financial distance from the claim and the grieving family. I choose to include all the records and a written summary of them in a carefully written and heavily detailed package to the insurance company.
It may be the best choice to film what bicycle child fatality accident lawyers call a, “A Day in the Life” film, which describes on video your loss, all about your child, and may also present you for a little while on film, although it is not mandatory.
These films help to humanize and put a face upon the loss and tragic fatal event that a bunch of papers and a photo of your child cannot.
I do not want the adjuster thinking about you, your family and your child as pieces of paper or claimants. I want that adjuster to look at your loss as a loss that happened to people who could be his family. His friends. His/her neighbor.
Jury selection experience is vital to each child bicycle fatality case.
Every child serious injury case, such as children brain injuries in bike accidents, too.
BRAIN INJURED CHILD HIT BY CAR WHILE BIKE RIDING
Children with TBI or traumatic brain injury require a skilled attorney and usually a deep pocketbook, because to present the claim properly your child brain injury lawyer will have to present many important witnesses to the jury and there are also lots of exhibits that should be introduced in evidence.
There are lots and lots of topics that I could include here. I think that the most important ones should be focused upon in this section.
First of all, while the medical guys might call a TBI mild, moderate or severe, to me there is no such thing as a bicycle accident with a “mild” child brain injury.
A child’s brain is developing, and unless you have made a true point to make an in-depth study of brain injury, you need to understand that your child’s brain is developing more rapidly than you could probably imagine.
Because no two brain injuries are alike, a series of sophisticated studies and then follow up studies are usually discussed between us. Some children have not just sustained brain injury but also injury to production of important hormones, which may alter the secretions and important chemical balances that can affect other organs of the body.
The frontal lobes of children can have difficulties in formation; there may be areas of white matter that appear as dense spots on a CT scan or MRI and need a true pediatric neurologist to evaluate.
As the child’s bicycle accident head injury continues to be evaluated, specific health care providers who specialize in children and pediatrics may need to be consulted.
For example, what may appear to be attention deficit disorder or a reading comprehension difficulty could truly be instead due to the brain injury or even due to eye movement disorders. Perhaps a neuropsychologist or pediatric neuropthalmologist needs to be consulted. While I do not suggest medical care because I am not a doctor, I usually will conference with several experts and the main treating physicians and ask what other specialties may be of benefit in explaining the long term damages and consequences of your child’s brain injury.
A life care planner, medical cost expert and other types of experts, such as economists may be called to testify about things such as: special needs; fitting the home; car equipped with disabilities gear; bathroom toilet; shower for brain injury-related disabilities; for future school; tutoring; physical therapy; cognitive therapy; medical car; and yes, even for life insurance and long term disability planning in the event that you die or become disable and your child must be safe, secure and cared for without you.
For more information feel free to call me for a Free Legal Consultation at (888) 446-1999; or fill out our case evaluation form for a prompt response and callback.
Even though Mark Leeds is a multi-tasker handling cases all over & all different areas of practice. With the assistance of his trusted team members & other office employees he is abbe to deliver that that first class personalized services....David
I had the unfortunate pleasure of getting into an auto accident while visiting family in POrtland, which can put a real damper on being festive (if you know what I mean) Luckily I found Mark Leeds while on my quest for representation. Mark is very knowledgeable, personable, and ...