My 14-year old son and his best friend, only one wearing a helmet, were riding double, going too fast, when a car unexpectedly turned into them, forcing them off the road, causing both to tumble, suffering cuts, bruises, and facial injuries. Are they partially responsible for the accident? How are damages to be calculated?

The first thing to determine is whether the driver of the car is responsible for the accident at all. Did the car have the right of way? Were the children moving so fast that the driver would not have been able to see them in time to prevent the accident? Or did the driver act carelessly or negligently, causing the accident?

If the driver is found to be at fault, the damages that he is responsible for may be mitigated, or lessened, by the behavior of your son and his friend. If helmets are not required by your state, that may or may not enter into the damage calculation. However, the fact that they were riding double and going too fast may be found to be contributing causes to the accident, and may lessen the damages they receive. An argument to counter this, of course, would be that they were children and didn’t fully appreciate the consequences of their actions.

But you should expect that the damages awarded to your son and his friend will be somewhat affected by the speed at which they were traveling and the fact that they were using the bike in an unintended manner. For example, if the bicyclist violated your state’s helmet law and was found to be 50% at fault, his award would be lowered to 50%.