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Bixenman v. Hall, 231 NE 2d 530 (1967). A 13 year old boy was riding south in the northbound lane on a two lane road. He was riding in the center of the lane and to the left of a truck. They were approaching a T intersection and both the truck driver and the bicyclist were going straight. A westbound right-turning motorist thought she had time to turn ahead of northbound traffic, and slammed on her brakes at the sight of the bicyclist. The boy was either driven against the side of the truck or thrown under the wheels of the truck, and killed. Judgment for defendants affirmed by the Appellate Court of Indiana Div. 2. "To give legal sanction to the operation of automobiles, bicycles or any other motor driven vehicle by minors or teenagers, with less than ordinary care, for the safety of others, would be impractical as well as dangerous. If the rule were otherwise, a state of uncertainty would result, because then it would be a question for juries and courts to determine whether minors of various ages would be held to a different standard of care than adults and all others.
"In this modern day we must take judicial notice of the hazards of traffic, and travelers must not be forced to anticipate conduct other than that expected of all ordinary citizens. It would be impossible to know if all cars, bicycles, and other vehicles were operated by adults, a minor twenty years old, fifteen years old or ten years old. Since there is no exception in the statutes which exempts anyone from the provisions thereof, we feel that the law applies equally to all."
[Click here to read the opinion on this case from the Supreme Court of Indiana.] |
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