Berks County Child Bicycle Accidents: Understanding Your Rights

Seeing your child hurt in a bicycle accident is a parent's worst nightmare. The medical bills can start piling up quickly, and dealing with insurance companies adds to an already stressful situation.

When a child is hit while riding their bicycle in Berks County, many questions arise about who is responsible and what can be done to help them recover. We understand the unique challenges these cases present, especially when it involves the safety and future of a young person.

Child Bicycle Accidents in Berks County: The Harsh Reality

Berks County, with its mix of urban areas like Reading, suburban neighborhoods, and rural roads, sees its share of bicycle traffic. Unfortunately, this also means bicycle accidents involving children are a concern. We often see these incidents near schools or parks, or on busy roads like Route 222 Business. Drivers sometimes fail to see young riders, or children may make sudden movements that lead to a crash.

These accidents can result in serious injuries, from broken bones and head trauma to road rash and emotional distress. Protecting your child's health and legal rights after such an event is paramount.

Understanding Comparative Negligence and Children

Pennsylvania law uses a system called "comparative negligence" in accident cases. This means that if multiple parties are at fault for an accident, their responsibility is divided based on their percentage of fault. However, when a child is involved, the rules change.

Pennsylvania law generally recognizes that children, especially very young ones, may not have the same judgment or awareness of danger as adults. Because of this, it is often harder for an insurance company or a court to find a young child mostly at fault for an accident. The law considers their age, experience, and ability to understand the risks. For example, a driver speeding through a school zone near Northwest Area Elementary School in Reading may be held more accountable even if a child suddenly entered the road, because the driver should anticipate children in that area.

For adults and older minors, if a person is found to be more than 50% at fault for an accident, they cannot recover any damages from the other party. This rule is found in 42 Pa. C.S. § 7102. However, this strict rule is applied differently to children, reflecting their limited capacity. We focus on showing how the adult driver's actions were the primary cause, even if the child contributed in some small way.

The Pennsylvania Helmet Law for Children

Pennsylvania has specific laws regarding bicycle helmets for children. According to 75 Pa. C.S. § 3510, all riders under the age of 12 must wear a helmet when operating or riding on a bicycle. This includes being a passenger in a bicycle seat or trailer. This law applies on any highway or trafficway, which covers most public roads and paths.

While wearing a helmet is legally required for young children and strongly recommended for all riders, a child's failure to wear one does not automatically prevent them from recovering damages if they are injured in an accident caused by someone else's negligence. If a child suffers a head injury that could have been prevented or lessened by a helmet, the amount of money they can recover for that specific injury might be reduced. However, they can still pursue compensation for other injuries not related to the helmet, or for injuries that would have occurred regardless.

Drivers have a duty to operate their vehicles safely and watch out for vulnerable road users, especially children. A driver cannot simply blame a child for not wearing a helmet if the driver themselves was careless or broke a traffic law, such as failing to yield or speeding.

School Zones and Driver Responsibility

School zones are areas where drivers must be extra vigilant. Many schools in Berks County, including Wilson High School and Exeter Township Senior High School, have designated school zones with reduced speed limits and increased pedestrian and bicycle traffic. Drivers are required to slow down, be prepared to stop, and watch for children.

Accidents in school zones often happen because drivers are distracted, speeding, or simply not paying enough attention. When a child on a bicycle is hit in a school zone, the driver's negligence can be clear. It is not an excuse for a driver to say they did not see a child. The law places a higher burden on drivers in these areas because of the known presence of children.

Our firm investigates these types of incidents by looking at police reports, witness statements, traffic camera footage if available, and any other evidence that shows the driver failed in their duty to safely navigate a school zone. We work to establish the driver's fault and ensure accountability.

Limited Tort vs. Full Tort and Child Bicycle Accidents

In Pennsylvania, most drivers choose "limited tort" car insurance to save money. This choice restricts their ability to sue for pain and suffering after an accident unless their injuries meet a "serious injury" threshold. However, there are important exceptions to the limited tort rule that can allow an injured person to pursue full compensation, even if they chose limited tort coverage. These are called "carve-outs."

One critical carve-out applies directly to many bicycle accident cases. If the injured person was a pedestrian or on a bicycle, and was struck by a motor vehicle, their limited tort election does not apply. This means they are automatically considered to have "full tort" rights, regardless of their own insurance policy. This is a vital protection for child bicycle accident victims and is found in 75 Pa. C.S. § 1705(d)(3).

This means that if your child was hit by a car while riding their bicycle, they can generally pursue a claim for all damages, including pain and suffering, even if your family's car insurance policy has limited tort. This distinction is crucial for maximizing your child's recovery and ensuring they receive proper compensation for their ordeal.

The Statute of Limitations for Child Bicycle Accident Claims

Every personal injury case in Pennsylvania has a deadline for filing a lawsuit, known as the statute of limitations. For most personal injury claims, including those from bicycle accidents, this deadline is two years from the date of the injury. This rule is set out in 42 Pa. C.S. § 5524.

However, when the injured party is a minor, this two-year period does not begin until their 18th birthday. This means that a child who was injured at age 10 would generally have until their 20th birthday to file a lawsuit. This extended period is a significant protection for children, allowing them ample time to assess the full extent of their injuries and how they impact their future.

Despite this extended deadline, it is always best to speak with an attorney as soon as possible after an accident. Evidence can disappear, witnesses' memories can fade, and medical records need to be properly documented. Delaying action can make it harder to build a strong case. For instance, obtaining traffic camera footage from an intersection in West Reading or securing witness statements becomes much more difficult months or years after the fact.

What to Do Next

If your child has been involved in a bicycle accident in Berks County, it is important to act quickly to protect their rights. Contact an experienced personal injury attorney who understands Pennsylvania law and how it applies to child injury cases. We offer a free consultation to discuss your specific situation and help you understand your options.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh.

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Frequently Asked Questions

What should I do immediately after my child is in a bicycle accident in Berks County?

First, seek immediate medical attention for your child, even if injuries seem minor. Then, call the police to file an accident report. Gather any contact information from witnesses and take photos of the scene, vehicles, and your child's injuries.

Does my child have to wear a helmet by law in Pennsylvania?

Yes, Pennsylvania law requires all bicycle riders under the age of 12 to wear a helmet. While important for safety, not wearing a helmet does not automatically prevent a child from pursuing a claim for injuries caused by another driver's negligence.

Can my child be found at fault for a bicycle accident?

Under Pennsylvania's comparative negligence rules, it is generally harder for a young child to be found significantly at fault for an accident. The law considers their age and limited understanding of risks. We work to show the driver's negligence was the primary cause.

How long do I have to file a lawsuit for my child's bicycle accident?

While the general statute of limitations in Pennsylvania is two years, for minors, this two-year period does not begin until their 18th birthday. This means a lawsuit can typically be filed until the child's 20th birthday. However, it is always best to consult an attorney as soon as possible.

Will my family's limited tort insurance affect my child's accident claim?

No. If your child was on a bicycle and hit by a motor vehicle, they are generally considered to have full tort rights for their claim, regardless of your family's insurance election. This is a special carve-out under Pennsylvania law (75 Pa. C.S. § 1705(d)(3)) for pedestrian and bicycle accident victims.

What kind of compensation can my child receive after a bicycle accident?

Compensation can include medical expenses, future medical care, pain and suffering, and other damages related to the injury. The specific types and amounts depend on the unique circumstances of the accident and the severity of the injuries.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh.