Liability after collision with child on bicycle

Questioner

There has been a collision g. Child suddenly rides bicycle from sidewalk onto road. Car brakes and hits his bicycle on the back. Witnesses see it happen. Considerable damage to car. Child fortunately unharmed. What is the insurance position on this. Name of witness has been noted.

Lawyer

The driver of the car is held 100% liable if the cyclist is younger than 14 years old, unless there is force majeure or intent on the part of the child. In practice, the latter occurs very rarely. Unfortunately, you must therefore compensate the full damage even if you are not to blame. For further questions or assistance, you can contact me directly and free of charge.

Questioner

If I understand correctly, the presence of a witness is of no importance.

Lawyer

You need to have a good story with the witness to avoid your liability. In practice this is difficult to achieve, because a motorist may be expected to be careful with cyclists who can show sudden behavior. But you can always try if you believe that you are not to blame.

Questioner

What confuses me is that in this case the child rides from the sidewalk behind a hedge onto the road. Without me being able to see him coming. A mother who was waiting for her children saw everything happen. The child was not cycling on the road. He was riding invisibly on the sidewalk in front of me. I understand the rule that one must be alert to cyclists and especially children. But this child was impossible to notice, let alone that I should have seen him cross. Is this situation an exception to existing legislation?

Lawyer

The situation you mention is not an exception in principle, but taking into account all the facts and circumstances it could turn out differently. I advise you to describe the situation as much as possible, so that you have a chance of reducing liability.

Lawyer

The law provides extra protection for vulnerable road users, including pedestrians. In addition, young road users are given extra protection. This means that you can only appeal to force majeure or intent on the part of the child. You will have to be very good to prove this because judges are not quick to accept force majeure. In traffic, you must be extra alert as a motorized driver and be prepared for unexpected situations. Incidentally, the statement of a witness can be useful because it confirms your story. Good luck!