Let's say you're a 35-year-old man and you were riding your bicycle on a neighborhood street. Absent-mindedly, you rode your bike into the middle of the road in front of a vehicle, and you got seriously hurt.
In this circumstance, it's unlikely you have a viable claim for damages against the vehicle driver. An Ohio court will probably view the situation as if it's your fault and -- hopefully -- you have medical insurance that will pay for your ambulance and medical bills.
Child bicycle accidents are different
Let's say your 8-year-old daughter was riding her little red bicycle to the convenience store to buy a grape soda on a Saturday afternoon. She misjudged traffic, forgot to look both ways, or, for some other reason, she darted into traffic in front of a passing sedan. She got hit and broke her leg. In this case, an Ohio court will view the situation in a different light compared to an adult bike crash.
When it comes to children being present on a neighborhood road, a reasonable and competent driver will take care to prevent getting into a bicycle versus car accident with a child. For example, if a reasonable driver spots a girl riding a bicycle on the sidewalk, most drivers would take care to slow down, watch the child and give her plenty of space.
Everyone knows that children can behave in erratic and unpredictable ways. For this reason, drivers are held to a higher standard of duty and care when children are around. Failure to be cautious in the presence of children -- whether the children are walking, riding bikes, on skateboards or playing -- could result in viable claims of negligence if a driver's lack of care results in an accident and injuries.
Seeking financial damages in court after a child bicycle crash
Every car versus bicycle accident involving a child is different. If your child was hurt by a driver while riding his or her bike, a personal injury lawyer can review the facts surrounding the incident to determine if the necessary elements exist to support a claim for damages.