Anonymous wrote:If your 12 year old can't avoid a stationary trash can on a sidewalk, the they should not be riding their bike in public alone. This is a very ordinary thing to happen and is completely expected. It could have been a stroller, pedestrian, dog - all of which would be moving and more difficult to avoid.
Anonymous wrote:Anonymous wrote:Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:
Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.
Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.
Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.
Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.
Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.
The hidden hazard being the large trash can?
Anonymous wrote:OP you took photos of the offending can for three days before the accident?
You had it in for the neighbor didn’t you? But it turned out your kid got hurt.
Why didn't you move the can off the sidewalk during those days? If you glad, no bike accident.
Mic drop.
Anonymous wrote:I think that the real problem here is everyone knows the kid was wrong but no one's reading the law. Apparently the law states that if you are under a certain age, you cannot be negligent because it's assumed that you do not have negligence from the law. So please read the law and then also does this this guy's wonderful neighbor left a trash can out for 3 days in the middle of the sidewalk. So let's put some blame on the neighbor as well. At the very least the neighbor should put away the trash can at least at the end of the day. Not wait 3 days. Are any of you abreast to the laws of Virginia? Because apparently it's very clear based upon this research from this post I was confused as well and totally thought this person's kid is at fault but apparently the laws in Virginia say otherwise
Anonymous wrote:Anonymous wrote:It could have been a child he hit. You should feel grateful that he got off with a broken leg if he was riding with that little attention.
+1
Your child needs to be aware of surroundings bc that could just as easily have been a small kid or an animal. If he’s not responsible enough to be aware, then he shouldn’t be riding on the sidewalk. I also assure you that if your insurance thought there was any type of a case here, they would have already pursued it.
Anonymous wrote:OP you took photos of the offending can for three days before the accident?
You had it in for the neighbor didn’t you? But it turned out your kid got hurt.
Why didn't you move the can off the sidewalk during those days? If you glad, no bike accident.
Mic drop.