When a child is hit by a car while riding a bicycle, a family may be able to bring an Ohio injury claim against the driver or another person whose negligence caused the crash. What happened in the moments before impact matters, but so does the child’s age: Ohio does not evaluate a young child’s decisions the same way it evaluates an adult’s.
A claim may help cover medical care and the longer-term effects of an injury. Parents should also know that the child’s claim and any claims they have personally may involve different legal questions, including filing deadlines.
Key Takeaways About Child Bicycle Accident Claims in Ohio
- A child may have a claim when another person’s negligence caused the bicycle crash and resulting injuries.
- Ohio has special rules for evaluating whether a child can be assigned fault.
- A child’s share of fault, if any, can reduce compensation; fault greater than 50% generally bars recovery.
- Evidence of the driver’s actions, the crash scene and the child’s injuries can help establish a claim.
- Minority may extend the filing deadline for the child’s claim, and some related parental claims may also qualify for tolling.
Can You Sue After a Child Bicycle Accident in Ohio?
A family may pursue a claim if a driver or another responsible party failed to use reasonable care and that failure caused the child’s injuries. A driver might be responsible for speeding, looking at a phone, turning without checking for a bicyclist, backing out of a driveway without looking, or failing to yield.
Ohio’s bicycle rules may also be relevant. Ohio Revised Code Section 4511.55 generally directs people riding bicycles on a roadway to ride as near to the right side as practicable. It does not require them to ride at the edge when doing so would be unsafe because of parked cars, road hazards, a narrow lane or other conditions. If an insurer argues that a child was too far into the lane, the reason for the child’s position matters.
The driver’s right of way does not resolve every question about fault. The full sequence of events may show whether the driver saw the child, should have expected a child nearby or had time to respond.
Who May Be Liable for a Child Bicycle Accident?
The driver is often the first person whose conduct needs to be examined. If the driver was working at the time, the employer may also be responsible. Depending on how the crash happened, a defective vehicle part, an obstructed sightline or an unsafe condition on private property may raise other liability questions.
A dangerous roadway condition may also warrant investigation, although claims against a city or another public entity face additional rules under Ohio Revised Code Chapter 2744. The police report can be useful evidence, but it may not identify every party whose actions contributed to the crash.
Evidence That Can Help Establish a Child Bicycle Accident Claim
A driver may say that a child “came out of nowhere.” Photos, video and witness accounts can help test that description against what the driver could see and how much time there was to react. Useful evidence may include:
- Photographs of the bicycle, vehicle, traffic controls, sightlines, roadway conditions and crash scene.
- Witness statements describing what happened before and during the collision.
- Dash camera, surveillance or nearby doorbell video, along with available vehicle or phone data.
- Medical records showing the child’s injuries, treatment and expected recovery.
- School or activity records showing how the injuries affected attendance, concentration, mobility or daily life.
Preserve evidence as soon as possible. Video may be overwritten, witnesses may become difficult to find, and a damaged bicycle or helmet may be discarded before it can be examined.
How Does a Child’s Age Affect Fault in Ohio?
Ohio does not automatically measure a child’s conduct against the standard used for adults. A child under seven is legally incapable of negligence. For children ages seven through 14, Ohio courts recognize a presumption that they are incapable of negligence, but evidence of a particular child’s maturity and ability to understand the danger may overcome that presumption. An older child’s conduct must still be evaluated in light of the circumstances. These rules are discussed in Campbell v. Sharpe and Foulke v. Beogher.
This matters when an insurer argues that a child failed to stop or made another unsafe decision. A claimed traffic violation does not, by itself, settle whether the child was legally negligent or how much fault to assign.
If fault can be assigned to the child, Ohio Revised Code Section 2315.33 generally allows recovery when the child’s share of fault is no greater than the combined fault of the other responsible parties. Compensation is reduced in proportion to the child’s share of fault. Recovery is generally barred if that share exceeds 50%.
What Compensation May Be Available for an Injured Child?
Compensation depends on the injuries and their effects. A claim may include medical treatment, rehabilitation, future care, pain and suffering, scarring, permanent impairment and other documented losses. A serious injury may affect a child’s development, education, activities or future ability to earn a living.
Some effects take time to understand. A fracture involving a growth plate or a traumatic brain injury may require follow-up care before the likely long-term impact becomes clear. That is one reason to consider the child’s prognosis carefully before accepting an early settlement.
Parents may also have their own related claims, including claims involving medical expenses or loss of the child’s companionship and services. Those claims should be identified and evaluated alongside the child’s injury claim.
What Should Parents Do After a Child Bicycle Accident?
Start with the child’s medical needs. Once those are addressed, keep the bicycle and damaged helmet, photograph the scene and injuries, obtain the crash report, and write down witness names and contact information. Ask nearby businesses or property owners promptly whether they have video of the collision.
Follow recommended medical care and keep records of appointments, symptoms and changes in the child’s activities. Be careful with recorded statements and early settlement offers, especially while the child’s recovery remains uncertain.
Filing Deadlines for Ohio Child Bicycle Accident Claims
Ohio Revised Code Section 2305.10 generally sets a two-year deadline for bodily injury lawsuits. Under Section 2305.16, minority can pause the limitations period for the child’s claim. Some related parental claims may also qualify for tolling; the Ohio Supreme Court addressed a parent’s claim for loss of a child’s companionship and services in Fehrenbach v. O’Malley.
The deadline depends on the claim and the defendant. Families should have the timing reviewed promptly, particularly if a public entity or another potentially responsible party is involved. Waiting can also make evidence harder to preserve even when a filing deadline has been extended.
How an Ohio Bicycle Accident Lawyer Can Help
An Ohio bicycle accident lawyer can investigate what the driver could see, preserve available evidence, identify potentially responsible parties and insurance coverage, and assess any claim that the child was at fault. When injuries may have lasting effects, medical and other experts may help explain the child’s future needs.
A settlement belonging to a minor may also require court procedures to protect the child’s recovery. Ohio Revised Code Section 2111.18 addresses probate court approval of certain claims settled on behalf of a minor.
Brandon J. Broderick Can Help After a Child Bicycle Accident in Ohio
A child’s bicycle accident can leave a family managing medical care, missed school and difficult insurance questions at the same time. Brandon J. Broderick, Attorney at Law can investigate the crash, evaluate attempts to assign fault to the child and help the family understand its potential claims and filing deadlines.