DRIVER'S WHO HIT CHILDREN IN WISCONSIN BICYCLE ACCIDENTS MAY BE HELD TO HIGHER STANDARD

In Wisconsin, when a child is injured in a bicycle accident with a motor vehicle, the child's lawyer can argue to the court to get a special jury instruction that requires drivers to exercise special care when they know children are present.

It may be the same or similar to what is referred to as the "enhanced duty doctrine":

"Drivers of motor vehicles are chargeable with the knowledge that children of tender years do not possess the traits of mature deliberation, care, and caution of adults. The driver must increase vigilance if the driver knows, or in the exercise of ordinary care should know, that children are in, or are likely to come into, the driver's course of travel."

To get this instruction to the jury, the bicyclist's lawyer will likely have to prove, "the driver had actual notice that children were playing in the area" or there were special facts which would make the presence of children likely."