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Do drivers need to drive to prevent accidents with children?

When your child goes out to play, you trust that drivers on the roads will be paying attention whenever children could be present. Speeding, driving drunk or doing things like texting or talking on the phone while driving can lead to accidents that leave your child scarred, disabled or worse. In those cases where your child is injured and you can prove negligence, your attorney can help you make a claim on behalf of your child.

Children are involved in the majority of bicycling accidents with automobiles, possibly because of a child's inexperience around the roads and drivers' inattention or negligence.

Drivers do have an increased duty of care around children. The law recognizes that children are not as familiar with the rules of the road and that they may make mistakes that put them in harm's way. Knowing that children are more likely to bolt out into traffic or cross when they shouldn't, the law holds drivers to a higher standard of care. The drivers, knowing that children could be in the area, should be more attentive and follow the speed limits.

This may not apply everywhere; for instance, you wouldn't expect to see a child biking on the highway. However, around schools, residential areas and parks, children are expected and should be looked out for by drivers. Drivers aren't automatically presumed negligent when they hit a child on a bike, but if it can be shown that the driver was speeding, not paying attention or drunk, then that driver could be held liable for the injuries your child has suffered.

Source: FindLaw, "Child Bicycle Accident Liability," accessed June 28, 2016

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