How the accident occurs
These accidents mostly involve children. It occurs when a cyclist rides
out into traffic, often darting out between two parked cars into the road.
It can also occur when a cyclist is coming out of a driveway or an intersection
and pulls right out into traffic.
How to avoid the accident
Stress to your child
the importance of being extra careful when riding near roads.
If an adult is the cyclist this scenario is almost always caused by simple
Be alert at all times
Who is at fault?
If the cyclist is an adult, the cyclist is almost always at fault. Even
so, a jury or a judge makes the ultimate determination of whether the
car was negligent and whether the cyclist was contributorily negligent.
If the cyclist is a child then it is not so clear. In Virginia children
are held to a different standard than adults in that they sometimes cannot
be found negligent or contributorily negligent.
For children, the standard of contributory negligence is different. Under
Virginia law, a child under the age of seven is incapable of being negligent.
Children between the ages of seven and fourteen are presumed to be incapable
of negligence; however, if the child is deemed capable of understanding
the risks of his actions, and his conduct did not conform to that of a
reasonably prudent child of the same age, intelligence, maturity, and
experience, then a jury can find that child to be contributorily negligent.
Again ultimately the decision would be that of the judge or jury deciding the case.