Setareh Law
May 18, 2023
In California, bicycle accidents can result in serious injuries and damages. When a child is involved in causing a bicycle accident, many questions arise regarding the liability of the parents. The primary concern for people injured in such incidents is whether they can hold the parents responsible for their child’s actions.
At Setareh Law, we understand that bicycle accidents can be serious, and we understand how devastating the consequences can be for victims and their families. We have extensive experience in representing bicycle accident victims and their families in California. This article will examine the specific situations where parents may be held accountable for their child’s actions and how to proceed if you were injured as a result of a bicycle accident.
The Scope and Limitations of Parental Liability in California
Under California Civil Code Section 1714.1, parents or guardians are liable for their minor child’s actions that result in injury or damage to another person, their property, or the property of the injured person’s spouse. The law imposes a cap on the recoverable damages, limiting the parental liability to $25,000 per act of willful misconduct. It’s essential to understand that these limits apply to each individual act and not the total damages incurred in an accident.
Moreover, the law states that parental liability only extends to minors in the custody of their parents or guardians. This means that if a child does not reside with their parents or legal guardians, the parents may not be held liable for their child’s actions.
Determining Fault in a Bicycle Accident Involving a Minor
To hold parents liable for a bicycle accident caused by their child, it’s necessary to establish that the child’s actions were either negligent or willful. Negligence refers to the failure to exercise reasonable care under the circumstances, while willful misconduct involves a deliberate or reckless disregard for the safety of others.
Determining fault in a bicycle accident can be a complex process, requiring a thorough investigation of the incident, gathering of evidence, and consultation with experts. An experienced personal injury lawyer can help you establish fault and determine whether the parents are liable for your injuries and damages.
How to Proceed If You Have Been Injured in a Bicycle Accident Caused by a Minor
If you have been injured in a bicycle accident caused by a minor, it’s crucial to take the following steps to protect your rights and pursue compensation:
Seek Immediate Medical Attention for Your Injuries
A vital component of your case is to seek medical attention as soon as possible after an accident. This will ensure that any injuries sustained are properly diagnosed and treated. Having a trail of medical documentation can also help to establish the severity of your injuries and the resulting pain and suffering.
Report the Accident to the Police and Obtain a Copy of the Police Report
When you have been involved in an accident, you should always report it to the police. Doing so will ensure that a record of the incident is kept and can be used for any legal action that may be taken in the future. Obtaining a copy of the police report will also provide you with valuable details about the accident.
Gather Evidence From the Accident Scene
Evidence is the backbone of your claim, and you’ll need to collect as much at the accident scene as possible. This can include photographs, witness statements, and contact information of all parties involved. Having this information will be beneficial if you decide to pursue any legal action in the future.
Types of Compensation in Bicycle Accident Cases Involving Minors
In bicycle accident cases involving minors, injured victims may be entitled to various types of compensation. The specific amount and types of compensation will depend on the circumstances of the accident, the severity of the injuries, and the extent of the damages incurred. Here are some common types of compensation you may be eligible for:
Medical Expenses
If you have been injured in a bicycle accident caused by a minor, you may be entitled to compensation for your medical expenses. This can include costs related to emergency room visits, hospital stays, surgeries, medications, physical therapy, and any ongoing or future medical treatments required due to the accident.
Lost Wages and Loss of Earning Capacity
Compensation for lost wages can cover any income you lost as a result of the accident. This may include time taken off work for recovery or attending medical appointments. Additionally, if your injuries have affected your ability to work in the future, you may be entitled to compensation for loss of earning capacity.
Pain and Suffering
Pain and suffering compensation is awarded for the physical pain and emotional distress you experience as a result of the accident. This type of compensation is subjective and varies from case to case, depending on factors such as the nature of the injuries, the impact on your daily life, and the duration of your recovery.
Get the Justice You Deserve with Setareh Law in Beverly Hills
If you have been injured in a bicycle accident caused by a minor, you may be entitled to compensation. As you recover from your injuries, it’s essential to have an experienced personal injury lawyer on your side to help you understand your rights and represent your best interests.
At Setareh Law, we are dedicated to providing our clients with the highest quality of legal representation. Our team of experienced attorneys will fight for your rights and help you get the justice and compensation you deserve. Contact us online or call us at (310) 659-1826 today for a free initial consultation and to learn more about how we can help.
