Ontario’s roads, while shared by cyclists and motorists alike, present unique dangers for young cyclists. When a child is struck by a vehicle while riding a bike, the physical and emotional trauma can be immense. Fortunately, Ontario law provides specific protections for minors involved in bicycle accidents, ensuring they have the necessary time and resources to seek compensation for their injuries.
Vulnerability of Child Cyclists on the Road
Children on bicycles are particularly vulnerable road users. Their smaller size, limited experience with traffic, and developing judgment can make them less visible to drivers and more prone to accidents. The consequences of a collision with a vehicle can be severe, resulting in broken bones, head injuries, or even fatalities.
Extended Statute of Limitations: A Child’s Right to Delayed Justice
One of the most crucial legal protections for children injured in bicycle accidents is the suspension of the limitation period. In Ontario, the standard two-year limitation period for personal injury claims does not apply to minors. Instead, the limitation period begins on the child’s 18th birthday.
This extension recognizes the importance of allowing children to mature and fully understand the long-term consequences of their injuries before pursuing legal action. By delaying the start of the limitation period, the law ensures that children have ample time to seek compensation when they are better equipped to make informed decisions about their future.
Court Approval: Ensuring Fair Compensation for Young Victims
Another important safeguard for children involved in bicycle accidents is the requirement for court approval of settlements. Any settlement reached on behalf of a minor must be reviewed and approved by a judge.
The court’s role is to protect the child’s interests by ensuring that the settlement is fair, reasonable, and adequately compensates the child for their injuries, pain and suffering, and potential future needs. The judge will carefully consider all relevant factors, including the severity of the injuries, medical expenses, and the impact on the child’s quality of life.
Litigation Guardians: Advocating for the Child’s Best Interests
Since minors cannot represent themselves in legal proceedings, they require a litigation guardian to act on their behalf. This is usually a parent or close relative who has the child’s best interests at heart. The litigation guardian is responsible for making legal decisions on the child’s behalf, including whether to file a lawsuit, negotiate a settlement, or proceed to trial.
Seeking Legal Guidance: A Critical Step
Navigating the legal complexities of a bicycle accident involving a child can be challenging for families. It is crucial to seek legal advice from a lawyer experienced in personal injury law and representing minors. A lawyer can provide invaluable guidance, explain the child’s rights, and advocate for their best interests throughout the legal process.
Conclusion
Bicycle accidents involving children are a serious concern in Ontario. However, the law provides essential protections for young victims, ensuring they have the time, resources, and legal support to seek fair compensation for their injuries. By understanding these legal safeguards and seeking professional guidance, families can navigate the legal process with confidence and secure the necessary resources to help their child recover and move forward with their lives.
