Four-year-old pavement cyclist to face court

A high court judge in America has ruled that a four-year-old cyclist can be sued over a bicycle accident she was involved in.

Juliet Breitman is one of two children accused of colliding with 87-year-old Claire Menagh while riding their bicycles, which were fitted with stabilizers, on the pavement.

According to the lawsuit, Menagh suffered a hip fracture that required surgery. It has been reported that her death three months later was of unrelated causes.

The lawsuit, brought by Menagh’s estate, accuses the two children and their mothers, Dana Breitman and Rachel Kohn, of negligence.

In reply to arguments made in defence of the four-year-old that she was too young to be held responsible, State Supreme Court Justice Paul Wooten said there was no evidence the children were too young to understand “the danger of riding a bicycle into an elderly woman.”

Child cyclists and the law

The age of criminal responsibility is 10, but children under the age of eighteen can be sued and in many cases the parents have legal responsibility for the acts or debts of the child. If this is the case they do, they will also be named as defendants – as has happened with the Menagh vs Breitman and Kohn.

It is possible that your child will be covered against third party claims by your household insurer, but it is important to check that this is the case.

Cycle insurance

Cycle insurance from the ETA includes new-for-old, cover for accidental damage, £5m third party insurance, personal accident cover and if you breakdown, we will even come out and recover you and your bike. Get an instant online quote below.