1. Duty of Care: Both the driver of the SUV and the child riding the bicycle have a duty of care to act with reasonable caution and prudence to avoid harm to themselves and others.
2. Visibility and Lookout:
- The driver of the SUV must maintain proper lookout and ensure they have a clear view of the surrounding area, including pedestrians and cyclists.
- The child cyclist should also exercise caution and be aware of his surroundings, but due to their age, they may have limited capacity to fully grasp traffic safety.
3. Speed and Control:
- The driver of the SUV must maintain a reasonable speed and control the vehicle to avoid collisions with pedestrians or cyclists in a parking lot.
- The child cyclist's speed and control may also be considered, although their age and development should be taken into account.
4. Rules and Regulations:
- Parking lot regulations, such as speed limits, pedestrian crossings, and designated bicycle paths, should be adhered to by both the driver and the cyclist. If either party violated any applicable rules or regulations, this may contribute to establishing fault.
5. Age and Capacity:
- The child's age and maturity level are relevant factors. If the child's age and cognitive abilities limited their ability to fully understand and avoid the potential danger, this may impact fault determination.
6. Location within the Parking Lot:
- The specific location where the collision occurred within the parking lot can be important. If the accident occurred in an area designated for pedestrian or bicycle traffic, this may affect fault determination.
7. Comparative Negligence (if applicable):
- In some jurisdictions, comparative negligence principles apply, where fault can be shared between parties involved in an accident. If the child's actions also contributed to the collision, their degree of fault may be compared with that of the SUV driver.
It's essential that relevant traffic and civil laws, regulations, and standards of care be considered when determining fault in such cases. In many instances, accident investigations, witness statements, and expert opinions may be necessary to establish the precise sequence of events and assign fault accurately.
