Normally when people think of an auto accident they picture a fender to fender or
bumper to bumper collision. However, when a car strikes a child bicycling down the
street, it is a metal to flesh and bones impact. The usual result of such an impact is
severe injuries to the cyclist. While most of these accidents happen after school when
the driver is distracted by traffic and not focusing on the children, many involve a quiet
suburban street. The obvious problem in cycling accidents is the person injured has
virtually no protection from the motor vehicle. So the great fun from bicycling with
friends is heavily balanced with the greater risk of serious injury or death after being
struck by a motor vehicle.
As always fault for the accident is a factor. However, regardless of how the accident
happened, a child or cyclist will be covered by the uninsured motorist (UM) coverage of
your motor vehicle insurance policy. UM coverage protects you as a cyclist, jogger or
pedestrian if the driver leaves the scene or does not have adequate coverage to pay for
all your damages. Many times the damages in such a collision are substantial. Your
UM coverage can also be stacked, with other family members who have UM coverage,
to make sure you are made whole.
In Rhode Island negligence is based on comparative fault, where liability for an accident
is apportioned to the involved parties, relative to the amount of comparative negligence
each has contributed. However, in a cycling accident, where injuries can be quite
serious; even if the accident were 50% your fault, the 50% liability apportioned to the
other driver would still result in a substantial settlement to cover your damage, injuries,
pain and suffering.
While nobody plans for a large insurance settlement precipitated by a traumatic
accident. Bicycling defensively should be your only concern. If tragedy ever does
strike, allow an experienced personal injury lawyer to worry about issues of liability,
comparative negligence, and how to maximize your claim. Attorney James Donelan is
quite experienced in handling personal injury claims for children and cyclists. If you
have been involved in this type of accident, or know someone that has, and have any
questions, please call Attorney Jim Donelan at (401) 461-1500.
Jim Donelan handles pedestrian, jogging and motor vehicle accidents such as car accidents, truck accidents, and
motorcycle accidents in the following Rhode Island areas: Barrington RI, Bristol RI, Burrillville RI, Central Falls RI,
Charlestown RI, Coventry RI, Cranston RI, Cumberland RI, East Greenwich RI, East Providence RI, Exeter RI,
Foster RI, Glocester RI, Hopkinton RI, Jamestown RI, Johnston RI, Lincoln RI, Little Compton RI, Middletown RI,
Narragansett RI, New Shoreham RI and Block Island RI, Newport RI, North Kingstown RI, North Providence RI,
North Smithfield RI, Pawtucket RI, Portsmouth RI, Providence RI, Richmond RI, Riverside RI, Scituate RI, South
Kingtown RI, Tiverton RI, Wakefield RI, Warren RI, Warwick RI, West Greenwich RI, West Warwick RI, Westerly RI,
Woonsocket RI, Kent County, Providence County, Washington County, and through out South County, Newport
County, East Bay and West Bay.