Child Injured While Riding Bike Without a Helmet in West Virginia
By Randy Appleton, West Virginia Brain Injury Attorney
A bike accident in Putnam County, West Virginia (WV) that sent an 11-year-old girl to a nearby hospital with injuries has brought charges of criminal neglect against the child’s father. According to police reports, a car collided with the girl as she was riding along heavily traveled Mount Vernon Road in the town of Teays Valley during the evening of March 22, 2012. The youngster was trapped under the car’s bumper and dragged several feet before the driver could stop.
The girl was not wearing a helmet, which is required safety equipment for any bicyclist younger than 15 years of age in West Virginia. While the child does seem to have been spared a brain injury, the high risk for that outcome and the fact that her parents were not supervising her at the time of the accident led police to file charges against the father.
View a larger map of where a car struck and injured an 11-year-old girl in Teays Valley, WV.
The driver who hit the bike rider and caused the girl significant bruising and scrapes was not cited for a traffic violation. That would not necessarily prevent the injured child’s parents from filing a personal injury claim, especially if signs of physical or mental disabilities persist or appear over time.
But what strikes me as the real story here, as an attorney who has represented both children and adults who have suffered traumatic brain injuries, is that any parent would allow a child to ride a bike while not wearing a helmet. Head protection is required by law because helmets absolutely save bicyclists’ lives. Regardless of the outcome of the criminal neglect case against this girl’s father, I see it as a very good sign that police take the West Virginia bike helmet requirement so seriously.
EJL
About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.
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