Would a 5 year old bicyclist be responsible for being hit by a truck?

Question

Can someone tell me whether this child should be at fault for this accident when the driver says he came to a complete stop to let 2 other kids by! But there were skid marks in the street and the driver was on the wrong side of the road? Causing the childs bike to be under the driverside wheel ,shoe knocked off and head injuries. Speed limit was 25. no insurance no citations given. The driver gave false insurance information also. I am in Iowa!

Answer 1

Parents can be held responsible

Answer 2

a pedestrian or bicyclist always has the right of way over a car, unless the bicyclist pulled in front of the car suddenly. did you take pics of the scene? did you ask for witness names? what did the presiding officer write in his report? did you file an accident report for the child? this sound like a civil suite to me.

Answer 3

Here are some commonly asked questions I found about this matter (Sorry I have no idea so I am being a copy paster for this one)

Question:

If my child has been injured or killed by a motor vehicle when he or she was a pedestrian, what are our rights?

Answer:

In cases involving young children, the law recognizes that greater care must be exercised for their protection. Because children’s conduct is unpredictable, the law recognizes that the driver of a motor vehicle must anticipate a certain level of thoughtlessness and impulsiveness on the part of children. If children are present in an area (for example, near a school), the mere presence of children serves as a warning to the driver of a motor vehicle to exercise additional care.

Question:

What if I was partially at fault for the accident because I was walking outside of a crosswalk or running across the street?

Answer:

If you were partially at fault, you can still bring a claim against the driver of the vehicle if the driver was partially at fault. Any damages you might be entitled to recover will be reduced by the percentage of your fault. For example, if a jury were to award you $100,000 but determine that you were 50% at fault, your recovery would be reduced by 50% and you would receive $50,000.

Question:

If I am a pedestrian, does a motor vehicle driver owe any special duty or care toward me under law?

Answer:

Yes. Both pedestrians and drivers are responsible to exercise ordinary care when using roadways. However, the amount of care required by the driver is typically greater, since the driver is operating a vehicle that is capable of inflicting death or injury. Drivers of motor vehicles have a duty to keep their vehicles under sufficient control in order to avoid injuries to pedestrians.

Answer 4

The truck driver is probably at fault.  I say probably because I just have your hearsay evidence.

No citations given?  Were the cops not called on it?  That sounds bizarre, or else there's more to the story that you're not telling us, like the 3rd kid raced out in front of him from a blind spot or something.

So I don't know.  I've seen kids do stupid things.  They aren't taught to respect traffic any more.

Answer 5

A 5 year old is not responsible for anything. The courts usually recognize that a child under the age of 7 doesn't know right from wrong, good from bad, etc.

Answer 6

This doesn't sound right at all and you need to get the police supervisor involved in this one........

Answer 7

no

Answer 8

Why was your very young child riding a bike in the street without your supervision? You could get into very serious trouble. A 5 year old should not be in that situation.

Answer 9

Definately not. He's at fault for being on the wrong side of the road. And if the child did cause the accident, where were the parents to watch the child?

Answer 10

If he just rode out into the street and got hit it would be his fault.  The driver may have tried steering to the other side of the road to miss the kid, but its always tough without witnesses.

Answer 11

er i think the boy is not to blame. i canrt believe you asked that!! it is so obvious!

Answer 12

This sort of accident probably happens more than we would like to  realize.  The parents/guardian  are at fault.  The child does not know/understand the dangers yet therefore it is the responsibility of the adults in his/her life to protect him/her from harm.