[08-07-2022] San Diego County, CA – 35-Year-Old Woman with Her 16-Month-Old Child Injured in a Bicycle Crash in Carlsbad

According to the authorities, a 35-year-old woman riding an electric bicycle with her 16-month-old child was critically injured in a bicycle crash in Carlsbad on Sunday evening, August 07, 2022.

According to Carlsbad Police PIO Jodee Reyes, police responded to the scene for reports of a collision involving a car and a bike around 5:45 p.m. at the junction of Basswood Avenue and Valley Street.

Officers arrived to find the woman on the ground, wounded from the collision. The mother was carrying her baby, who did not appear to be hurt.

The cyclist was taken to a local hospital with critical injuries. Her 16-month-old daughter was also taken to the hospital for safety reasons.

The 42-year-old female driver of the Toyota 4-Runner stayed at the scene and waited for authorities to arrive.

Authorities did not suspect alcohol and drugs were involved in the crash.

The cause of the collision remains under investigation.

Bicycle Accident Statistics

San Diego is a wonderful place for bicyclists. The local government worked hard to make cycling in San Diego safer and more accessible. San Diego also has a well-developed public transportation system capable of accommodating bicycles. Every year, about five bicyclists and 20 pedestrians are killed in vehicle collisions in San Diego.

In cases involving adult or child bicyclists, the driver’s liability is frequently determined by whether they were negligent. The driver must use reasonable caution in the circumstances.

When children are present, the amount of reasonable care and precaution increases. Drivers should expect young children to cross the street unexpectedly or to become scared if the driver approaches too quickly.

If a driver knows or should reasonably expect that children will be present, the driver must exercise extra caution, also known as “unusual care.” If a driver sees children riding bikes or drives through an area where children frequently congregate, the driver must pay attention and be prepared to stop or turn abruptly. Drivers must be extra cautious when driving in or near schools, parks, school bus stops, residential neighborhoods, trailer parks, and other places where children are likely to be present.

This is not to say that drivers are automatically considered negligent if they collide with a child on a bike. In cases where the driver took all reasonable precautions but could not avoid the accident, the driver may have satisfied the duty of care and should not be found negligent.

San Diego County Bicycle Accident Lawyers

Bicyclists have limited protection when riding compared to the seatbelts, airbags, and crumple zones that protect occupants of a vehicle. When vehicles crash with bicycles, death is a real risk.

Defendants in bicycle accident lawsuits often say that the bicyclist’s carelessness caused the accident. This is called contributory or comparative negligence. But just like drivers are held to a higher standard when children are around, children on bikes are often held to a lower standard.

Each state’s laws are very different regarding whether children can be blamed for helping to cause accidents. Under the “tender years” doctrine, children can’t be negligent because they can’t take care of their safety or the safety of others. This means that a driver who was found at fault cannot say that the child’s carelessness caused the accident.

Many states assume that the child is not at fault between the “tender years” and the early teenage years, when a child is usually between 4 and 14 years old. Even if a child can be careless, the court may hold them to the same standard of behavior as other children of the same age, intelligence, and experience.

If you are a parent, you may worry about your child’s safety and want to know your legal options. Whatever the degree of your injuries, you have the right to speak with an expert personal injury lawyer about your case. Our San Diego County bicycle accident lawyers at Arash Law are experienced litigators and can help you recover what you deserve. Our legal team ​knows what it takes to win a case, and they will fight for you every step of the way.

To speak with our attorneys about your legal options, you may call us at (888) 488-1391 or email us. No matter your situation, you can rest assured that we have your best interests at heart, and we will do everything in our power to ensure that you are taken care of.