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Bicycle Safety Awareness Month, May 2009--6-year old cyclist survives Collision with FedEx 18-wheeler

As a personal injury lawyer with 38 years of experience, I am concerned for child bike safety, since child cyclists are "drivers" and are responsible for knowing and following state and local traffic law.  Cycling can put kids in dangerous situations, face-to-face with nearly 100,000 pounds of semi truck and busy rush-hour traffic-sometimes, with devastating effects.

The May 2009 FedEx tractor trailer crash involving a 6-year-old child cyclist is a miraculous exception. The boy astonishingly survived an 18-wheeler collision while riding his bike on a sidewalk. The collision highlights May 2009 as Bicycle Safety Awareness Month and the importance of wearing a properly fitted helmet. While the boy dodged death as the semi passed over him, it seems sheer luck that he received only non-life threatening head and facial injuries since-he failed to wear a helmet, as required by Florida law. 

 Florida law states that children under 16 years old are required to wear a properly fitted helmet when "driving" a bike or riding as passenger. Wearing a helmet is not only the law but may reduce the risk of severe head and brain injuries by 85% to 88%.   While the boy was lucky, his bike was not. The truck dragged the mangled bike beneath its tires for nearly a half mile.

Not only did the boy fail to wear a helmet, his bike reportedly had no brakes-another law violation. Florida law requires that all bikes must be equipped with properly functioning brakes.  It is possible the child simultaneously was unable to stop at the stop-sign intersection, and the truck was unaware of the small cyclist as it made a right turn out of a busy shopping plaza.

The National Safety Commission reports that a common cause of accidents is low visibility of cyclists and pedestrians in high congestion areas.  Motor vehicle drivers simply fail to notice pedestrians and bikers-sometimes because of dark colored clothing or bad weather. Examining pictures taken shortly after the accident, it appears rain may have been a contributing factor to the FedEx crash.

Legally, it is important to note that a parent may not knowingly allow a child to fail to comply with Florida bicycle laws-such as not having working brakes or not wearing a helmet. It is also interesting that failure to wear a helmet is not a reason a bike accident victim can be found contributory negligent or at fault, meaning it is not a reason the reduce damages for the victim in a civil suit.

It is also important that the 6-year-old crash victim was apparently following the National Highway Traffic Safety Association's  (NHTSA) recommendations in riding on the sidewalk. The NHTSA recommends that children 10 year of age and younger ride only on the sidewalk due to maturity levels and inability to fully understand and follow traffic laws.

 Taking safety precautions with child cyclists is especially vital in Florida-since Florida outranks all other states in bicyclist fatalities, nationwide, according the Florida Bicycle Association.  The National Safety Commission explains that Florida has high tourism rates and a long-lasting warm weather season, making outdoor activities like biking especially attractive.

  In 2007, 24 % (or 10,000) bicyclists nationwide, who were injured in motor vehicle accidents, were children 14 years or younger, according to the NHTSA's Traffic Safety Facts 2007: children.  Children-specifically young boys-are especially vulnerable "drivers" and should always wear a helmet.

For more information:

Child Cyclists and Motor Vehicles - Safety Tips to Save a Child's Life

Semi's and Bicycles generally a deadly combination - Know the law and teach bicycle safety to your children

Bicyclists - Know the Law and Stay Alive