Kids & Recreational Injuries
Each year, hundreds of thousands of children suffer injuries from accidents that occur while they are engaged in recreational activities such as bicycling, scootering, and in-line skating. Children are at far greater risk than adults for injuries simply because they are less coordinated, have slower reaction times, and are less accurate with their movements. One of the more common injuries is head injury, and motor vehicle accidents can result in severe injuries and, unfortunately, even death.
According to Safe Kids USA, in 2002, nearly 300,000 children ages 14 and under were treated in hospital emergency rooms for bicycle-related injuries. Of those admitted to the hospital, nearly half were diagnosed with a traumatic brain injury.
In 2002, more than a third of bicyclists injured in collisions with cars were children aged 14 and under. Nearly 90 percent of the bicycle-related deaths are from collisions with motor vehicles.
Since 1992, at least 87 children ages 14 and under have died from in-line skating injuries; the majority of these deaths were from collisions with motor vehicles. In 2002, nearly 36,300 children ages 5 to 14 were treated in hospital emergency rooms for in-line skating-related injuries and an estimated 28,400 were treated for roller skating-related injuries.
In 2002, nearly 51,300 children ages 14 and under were treated in hospital emergency rooms for non-powered scooter-related injuries. Children ages 5 to 14 accounted for nearly 75 percent of these injuries.
Issues of Fault
Among children ages 14 and under, more than 80 percent of bicycle-related fatalities are associated with the bicyclist’s behavior, including riding into a street without stopping, turning left or swerving into traffic that is coming from behind, running a stop sign and riding against the flow of traffic. Non-helmeted riders are 14 times more likely to be involved in a fatal crash than helmeted riders.
In any sport or recreation, the participant “assumes” some risk by playing. A court may view especially risky behavior as contributing to the accident. Determining who is at fault or negligent, whether it’s the bicyclist or skater, the driver, a property owner, or any combination, depends on the laws in your state and the circumstances of the accident. The age, intelligence and maturity of the child plays an important role. A 10-year-old “A” student might reasonably be expected to wear a helmet while rollerblading; a 16-year-old child who is developmentally disabled might not be.
How A Lawyer Can Help
First of all, a lawyer, and probably only a lawyer, can evaluate your claim adequately, taking into account all the circumstances and all the applicable laws. A lawyer helps negotiate with insurance companies, whether you are trying to collect from your own health insurance company for injuries, or whether you are trying to collect from a negligent driver’s insurance company. Most importantly, a lawyer represents your interests at settlement or in court, if the dispute cannot be resolved any other way.
There are Personal Injury FAQs available on Free Advice, which further information, but if you think you have an injury based on someone else's negligence, you should contact an attorney. It is important to do so as soon as possible, because every state has a statute of limitations, or time period limiting when you can file a case. If you'd like your case to be evaluated by an experienced lawyer at no cost or further obligation, fill out FreeAdvice's case evaluation form. | 
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
