Bicycle Accidents Involving Children and School Zones
Your child was riding a bicycle near school when a driver struck them. You may be wondering how the accident could have happened in an area where motorists are expected to watch for children. In Kentucky, school-zone safety rules and the circumstances of the collision can help establish whether the driver was negligent. However, the location alone does not automatically establish fault.
Slechter Law Firm Attorneys at Law represents families pursuing compensation after bicycle accidents in Louisville and Lexington, Kentucky. If your child is injured, the firm can investigate the collision, identify potentially responsible parties, and assess available legal options. Contact the firm to discuss the circumstances of your child's accident.
Driver Responsibility in School Zones
Drivers must obey applicable school-zone speed limits and exercise reasonable care around children traveling to and from school. A motorist who speeds, fails to watch for young cyclists, or makes an unsafe turn may be responsible for an accident resulting from that conduct.
Under Kentucky's school-zone speed limit law, the government authority responsible for a road determines the speed limit where school flashing lights operate. Signs must notify motorists of the applicable limit. Consequently, the speed limit at a particular school depends on the posted restrictions and when they apply. You should not assume every Kentucky school zone has the same speed limit.
Even when a driver obeys the posted limit, other conduct may establish negligence. For example, a motorist may be traveling within the limit but fail to notice a child approaching a crossing. An investigation should consider the driver's speed, visibility, traffic conditions, and opportunity to avoid the collision.
Right-of-Way at School Crossings
Kentucky drivers generally must yield to children using crosswalks when pedestrian right-of-way rules apply, although children riding bicycles must also follow applicable crossing requirements.
Under Kentucky's bicycle safety regulations, cyclists generally may use crosswalks unless the law or a local ordinance prohibits it. Cyclists using permitted crosswalks have the rights and duties of pedestrians in the same circumstances. However, cyclists must obey applicable pedestrian signals, slow to walking speed when approaching a crosswalk, and avoid suddenly entering the path of a vehicle that cannot stop safely.
These distinctions matter when determining responsibility. A driver who fails to yield at a crossing may be negligent, but you must also consider the child's movements, traffic controls, and any crossing guard's actions.
Children's Bicycle Rules and Comparative Fault
A child who violates a bicycle traffic rule is not automatically responsible for an accident. Kentucky evaluates a child's conduct based on age, intelligence, experience, and capacity rather than automatically applying an adult standard of care.
Under KRS 411.182, Kentucky follows comparative fault principles. When multiple parties contribute to an accident, the injured claimant's share of fault can reduce the damages awarded.
For example, a driver may fail to yield while a child improperly enters a crossing. Determining responsibility requires examining both parties' conduct and how their actions contributed to the collision.
Local bicycle rules may also be relevant. Under Louisville Metro Code § 74.02, riders aged 11 or older generally cannot ride bicycles on sidewalks in Louisville Metro. Within the Downtown Form District, the prohibition applies regardless of age.
Louisville's sidewalk restrictions do not apply in Lexington, where applicable local cycling rules must be considered separately.
These restrictions may become relevant when an accident occurs as a child moves between a sidewalk, driveway, or street near school.
In Raap v. Taylor (Ky. Ct. App. 2017), an unpublished decision, the court rejected a driver's argument that sidewalk riding established negligence per se, finding that the ordinance protected pedestrians rather than motorists and that the violation was not shown to have caused the collision.
The driver's actions and the circumstances of the collision also matter, so you should not accept an insurer's initial assignment of blame without reviewing the evidence. As part of their bicycle accident representation, Slechter Law Firm Attorneys at Law can investigate disputed fault and pursue compensation supported by the circumstances.
Compensation and No-Fault Benefits
Children injured by negligent drivers may recover compensation for their injuries and may also qualify for Kentucky no-fault insurance benefits regardless of who caused the collision. Depending on the circumstances, recoverable damages in a negligence claim may include medical expenses, rehabilitation costs, pain and suffering, and anticipated future treatment.
Children may suffer broken bones, head injuries, or other conditions requiring continuing care. Some injuries can affect school attendance, physical activities, or development. Medical assessments can help determine whether the claim should include additional treatment or lasting limitations.
Kentucky's Motor Vehicle Reparations Act may also provide personal injury protection (PIP) benefits to children struck by motor vehicles while cycling. Under KRS 304.39-050, bicyclists generally qualify as pedestrians for no-fault coverage purposes. For an injured bicyclist, PIP benefits generally come from the insurance covering the vehicle that struck them.
These benefits may cover qualifying medical expenses and other covered losses regardless of fault. Applicable coverage depends on the accident circumstances and the available insurance policies.
Keep treatment records, receipts, and information about ongoing medical needs. The compensation available depends on the injuries and circumstances of the claim.
Filing Deadlines for Injured Children
Kentucky generally applies a two-year filing period to qualifying motor vehicle injury claims under KRS 304.39-230(6). The period may run from the injury or the last applicable PIP payment, whichever occurs later. However, the child's age and the nature of the claim can affect the deadline.
KRS 413.170 provides certain extensions for minors. In Lemmons v. Ransom (Ky. 1984), the Kentucky Supreme Court confirmed that minority tolling applies to the Motor Vehicle Reparations Act's two-year tort-claim limitation. PIP benefit claims have separate filing deadlines.
Parents may have separate claims with different filing deadlines. The applicable limitation period also depends on whether the accident falls within Kentucky's Motor Vehicle Reparations Act.
Do not assume your child's claim can wait until adulthood. Seeking legal guidance early allows time to identify the applicable deadlines, preserve evidence, and determine who may bring a claim on the child's behalf.
Discuss Your Child's Bicycle Accident with Slechter Law Firm Attorneys at Law
Attorneys Mat A. Slechter and Meredith Kirklin Slechter represent injured people and families pursuing personal injury claims in Kentucky. Their Louisville-based practice handles bicycle accidents, motor vehicle collisions, and other negligence-related matters.
Attorney Mat Slechter has extensive litigation experience in Kentucky courts, including personal injury trials and appeals, while Attorney Meredith Slechter has represented injured claimants in motor vehicle accident and insurance disputes. Together, they serve families in Louisville and Lexington, investigating accidents, addressing disputed liability, and pursuing compensation for negligence-related injuries.
To learn more about the Louisville bicycle accident attorneys at Slechter Law Firm Attorneys at Law, contact the firm for a free consultation about your child's injuries and the circumstances of the school-zone collision.