Cycling, Scootering, and Inline Skating Injuries and Lawsuits

These types of activities are loads of fun, but it’s important to follow these tips for safety

If you’re a parent of children, wouldn’t you rather spend their summer outside playing than hanging out indoors with their video games and screens? Most parents (and experts) would agree that a summer spent outside and physical activity is better for kids than hours of screen time. 

But although an outdoor summer for your kids might evoke nostalgic memories of your own summer adventures—riding scooters through the neighborhood, racing friends on bikes, jumping off whatever you could find—those types of activities have their own risks.

According to a study by Hopkins Medicine, more than 70% of children between the ages of five and 14 ride bicycles. They also engage in skateboarding and in-line skating (commonly known as Rollerblading). However, more children are injured in bicycle accidents than any other consumer products other than motor vehicle-related injuries.

In addition, emergency departments are seeing more scooter-related injuries today than ever before. Health experts say that most scooter accidents involve boys under age 15. Head injuries are a serious concern, but most emergency visits for wheeled sports are for fractures, contusions, and abrasions.

A study showed that 85% of children ride bicycles, 55% ride inline skates, and 21% use skateboards. Scooters and wheeled shoes continue to gain popularity.

Who’s liable for a bike, scooter, or in-line skating accident?

This is a tricky question because there are a few possibilities, and it comes down to facts about how the accident happened.

The driver of a motor vehicle

If your child was hit by a car while riding a bike, scooter, or skating, the car’s driver could be at fault. However, not always. Certainly, there are instances when the child causes an accident. If the driver is at fault, and if you’re in an at-fault state, you can make a claim against the driver’s insurance policy for the costs associated with the accident. 

If the insurance policy doesn’t cover the full extent of the injuries, or if the person is uninsured, you can file a personal injury lawsuit if the driver was negligent.

The agency or municipality that maintains roads

Accidents happen that don’t involve cars, too. 

If the accident was caused by a road in poor repair, debris, or some other maintenance-type issue, it’s possible that the agency that maintains the road could be at fault. It’s important to know that skating, scootering, or biking was permitted in the location where the accident occurred. For instance, some towns and cities have public skate parks. These places are designed for skateboards and should be maintained for safe, reasonable use. Cracks, bumps, debris or other hazards that should have been mitigated or fixed might pose a liability for the city or town that owns the property.

Sovereign immunity: There are instances when you can’t sue a government agency because of the doctrine of sovereign immunity. However, if you are able to sue in your particular situation, you should consult an experienced personal injury lawyer because there are differences between how you file a lawsuit against a government agency and how you would file against a private person or company.

Helmet use for cycles, scooters, and skates

Make it second nature to wear a helmet while riding on wheels. Every time. 

Helmets should be worn while riding bikes, scooters, or skates. When fit correctly, a helmet lowers the risk of head injury by 45%. Notwithstanding, fewer than half of children younger than age 15 wear a helmet as a matter of habit.

How to choose and fit-check a helmet

1. A helmet should be approved by the Consumer Product Safety Commission, the Snell Foundation, or the American Society for Testing and Materials (ASTM). 
2. Choose a helmet with a hard outer shell and an inner shock-absorbing liner that’s at least ½” thick. 
3. The helmet should have a chin strap and buckle; the buckle should be fastened when worn. 
4. The helmet should fit snugly (but comfortably) and sit in a level position on the head. There should not be a rocking motion from side to side or front to back.

Model helmet-wearing for your children! If they see you gladly wearing a helmet, they’ll learn to do it, too (without complaint!). 

Even if you’re not required by law to wear one (and in some states, your child might not be, either), you should do it because it keeps you safe. No one requires you to brush your teeth, but you do it because you care about your health and you’ve been taught your life that it’s just what you do. Your kids likely brush their teeth, too (albeit with some reminding, sometimes).

Helmets can be handled the same way; whether required or not, it’s important, healthy and something that should be a regular part of life for anyone who rides a bike, scooter, or skates.

Safety tips while riding bikes

• Be sure the bike is the correct size; you should be able to straddle the bike with both feet flat on the ground. 
• A child should understand and be capable of stopping their bike by using its brakes. 
• A child should ride on the sidewalk until age 10 or 11 where it’s legal to do so. 
• Know the correct hand signals for turning and stopping (and use them). 
• Understand and obey all traffic signals and signs, and make sure children do, too. 
• Teach children to ride single-file in the street and stay as close to the curb as possible. Everyone should ride with the traffic, not facing traffic. 
• Most accidents happen at dusk or in the dark. Children should not ride outside of daylight hours. Anyone riding outside daylight hours should have proper reflective gear and lights. All bikes should be equipped with reflectors on the front and rear, as well as on the wheel spokes.

Safety tips for inline skates

• Wear knee and elbow pads, gloves, wrist guards, and a helmet. 
• Use high-quality skates with ankle support. Check your skates for wear and tear and make sure the wheels are tight enough. 
• Obey traffic rules.
• Learn to stop without losing your balance. Skate with your knees slightly bent. 
• Skate on the right side of a sidewalk or walking path, but pass on the left and provide an audible warning. Avoid skating in the street with traffic. 
• Avoid uneven pavement or other hazards.

Safety tips for skateboards

• The American Academy of Pediatrics recommends that children under five years old not skateboard at all. Children from ages six to 10 should be supervised by an adult. 
• Learn to fall safely and don’t skate on surface streets. 
• If you lose your balance, crouch down so that you fall a shorter distance to the ground, try to land on the fleshy parts of your body and roll in order to prevent your arms from absorbing all of the force. 
• Wear protective gear, including closed-toe and slip-resistant shoes. 
• Check your skateboard for wear and tear. 
• Only ride as a single person at a time on a skateboard. 
• Never be towed on a skateboard by a bike, car, or other vehicle. 
• Only perform or practice tricks in a designated skateboard area.

Safety tips for scooters

• Wear a helmet, knee pads, and elbow pads. 
• Only ride on smooth, paved surfaces away from traffic. 
• Never text or wear earbuds while riding. 
• The American Academy of Pediatrics recommends that children under eight should not ride scooters, and children under 16 should not ride electric or motorized scooters.

No safety precautions make these activities risk-free, but behaving cautiously and following safety recommendations can help. It’s important to note that these safety measures aren’t just for kids—adults should wear helmets and be careful, too. Anyone can get hurt. 

If you do become injured by cycling, scootering, or skating, you can contact a personal injury lawyer to help you navigate what happens next and determine your legal options.