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Loren
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Category: Traffic Law
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Experience:  Former Asst State Attorney/Hearing Officer
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In Ohio is it legal to park in your driveway sideways across

Customer Question

In Ohio is it legal to park in your driveway sideways across the bottom apron to the street and while blocking the sidewalk? The reason for the question is that my son was riding his new bike (with hand brakes not like his old bike with the push back brake) on the sidewalk he tried to stop and couldn't so in order not to hit a car he tried to turn to avoid the car that was blocking the sidewalk he was on. In the process he ended up falling into the car leaving a small dent and a scratch. The neighbor wants us to pay for the damage but had his car not been blocking the safe passage of the sidewalk this accident could have been avoided. I'm trying to be reasonable in that yes my son hit the car but not to the tune of 1000.00 for this dent.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Ohio statute prohibits parking on sidewalks or otherwise blocking the sidewalk. See the following section:
http://codes.ohio.gov/orc/4511.68

However, whether or not that was the proximate cause for the damage is a question for the trier of fact. It certainly was contributory in that the vehicle should not have been there, but it does not obviate the requirement for your son to maintain control over the bicycle.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 1 year ago.


So he doesn't have to take partial blame for parking illegal? So I am taking it we are responsible for payment in full of the minor dent and small scratch which would not have happened had he not be parked illegally. I don't understand how it leaves him out of the mix because my son was riding a bike on the sidewalk. So if we told him to sue us he would win in this case? Great... these same neighbors dog bit a dog I was watching while it was on a leash in my driveway right next to me. Their dog got loose and came onto my property. Yet they never paid. They also dented our car when their kids were younger but we made not claim against them. I just don't understand how we are solely responsible for this act.

Expert:  Loren replied 1 year ago.
Thank you, Teresa, for responding.

I did not say they were not partially responsible. I just said it is up to a trier of fact to determine how much of the liability of your son is mitigated by their illegal parking.

Of course, this assumes that you can not work it out between yourselves, which, I suspect, you will be able to do.

I hope this clarifies my answer.

JudgeLaw

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Loren
Loren
Traffic Lawyer
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Former Asst State Attorney/Hearing Officer