The Support You Need. The Settlement You Deserve.
Maison Law supports skateboarder’s rights after they’ve been hit by a car in Los Angeles.
If you or a loved one has been injured in a skateboarding accident due to a careless driver, the Personal Injury Attorneys at Maison Law can help you get compensation for your injuries and protect you from liability.
Most skateboarders get blamed for accidents or are deemed reckless by police. But the attorneys at Maison Law are experienced practitioners skate boarding law and will protect skateboarders’ right to compensation when they’re injured due to a careless driver.
If you’re a skateboarder looking for legal help, contact Maison Law today for a no-cost, confidential consultation.
How a Los Angeles Skateboard Injury Lawyer Can Help
Skateparks in Los Angeles have been built into the culture of LA since surf legend Hobie Alter created Hobie Skateboards in the 1960s. Since then, iconic parks like Belvedere Skate Park in East LA or The Cover Skatepark in Santa Monica have put LA on the map as a premiere skateboard destination.
Unfortunately, as available skateparks in Los Angeles increase, so does the risk of injury as more and more skateboarders flock to the streets of LA. The city of Los Angeles is notorious for car accidents and the unfortunate reality is that many of these accidents involve skateboarders.
Skateboarders injured in car accidents can face life-altering injuries. So, it is essential to seek the counsel of an experienced Personal Injury Lawyer at Maison Law. Our attorneys will protect your rights and take legal action to secure compensation on your behalf.
The damages we pursue for skateboarders include:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Property damage
- Lost earning capacity
- Pain and suffering
How Does Fault Work in a Los Angeles Skateboard Injury Accident?
In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
For example, let’s say a skateboarder gets hit by a car when the vehicle takes a sudden right turn without signaling in front of a skateboarder bombing a hill in Los Angeles. The skateboarder suffers broken ribs and requires is unable to work for 6 months.
In a hypothetical case like this, the injured skateboarder could be found by a jury to be at 40% fault for their injury for bombing a hill on a skateboard, which is prohibited in Los Angeles. This would leave the driver with 60% of the fault for turning without signaling and not watching out for others on the road.
So, if the final verdict rewards the injured skateboarder with $400,000, they will get $160,000 because their compensation will be reduced by the 40% they were found at fault.
Los Angeles Skateboard Law
Los Angeles Municipal Code specifies the legal use of skateboards in Los Angeles in Section 51.15.1 and when skateboarding is prohibited in Section 51.15.2.
While skateboarders have as much right to the road and sidewalks as bikers and pedestrians in Los Angeles, there are specific rules skateboarders should be aware of, such as:
- Skateboards are prohibited in specified locations: at any time The City Council can specify certain roadways, sidewalks, public parking lots, and other public property where skateboarding is not allowed.
- Skateboarders must ride in an upright position: skateboards are only allowed to be ridden in an upright, standing position. Pushing, propelling, or sitting while riding on a skateboard is prohibited.
- Yield to traffic in the same direction: skateboarders on public roadways or sidewalks must yield to vehicles near them by moving to the right curb or shoulder of the roadway.
- Uncontrolled intersections: skateboarders on public roadways or public sidewalks must yield to vehicles and shall not cross the intersection at a speed greater than 10 miles per hour.
- Speeding: reckless speed on a skateboard is not permitted in Los Angeles as it presents a hazard to skateboarders, pedestrians, and other vehicles.
- Attaching to another vehicle: what’s known as “skitching,” skateboarders are not allowed to attach their board or themselves to any motor vehicle on the roadway. In addition, a motorist may not knowingly tow a skateboarder.
California Skateboard Law
California state law permits local governments like Los Angeles to form their own skateboarding laws. That’s why you’ll find skateboarding laws differing from city to city across the Golden State. However, in the state of California, all bicyclists, scooter riders, and skateboarders have the legal right to use the road in California. But even with the general right to skateboard on the road, there are provisions skateboarders must follow, according to state law:
- Skateboarders under the age of 18 are required by law to wear helmets at all times
- Must stop at stop signs and red lights
- Must yield to all vehicles at yield signs
- Skateboarders are required to yield to both marked and unmarked crosswalks
- Must not impede traffic or interfere with the flow of traffic
- Cannot be towed by a motor vehicle or bicycle at an unsafe speed
- Skateboarders must yield to bicyclists in the bike lane
- Skateboarders cannot leave a curb or any roadside place of safety and travel in the path of a vehicle
Is it Legal to Skateboard on the Sidewalk in Los Angeles?
Driving in Los Angeles can be daunting enough in a vehicle, but skateboarding through crowded sidewalks and gridlock traffic can be horrific. It only takes one oblivious pedestrian or careless cyclist to cause a skateboarder catastrophic injury. So, with Los Angeles’s sidewalks being overcrowded as it is, it is natural to wonder if skateboarding on the sidewalk in Los Angeles is even legal.
According to Section 56.15.1 of Article 6 of Chapter V of the Los Angeles Municipal Code, skateboarding is allowed on sidewalks if done safely, but skateboarding is prohibited if, “done in a manner that is in a willful or wanton disregard for the safety of persons or property.”
Examples of unsafe skateboarding on sidewalks include:
- Bombing: a practice where skateboarders have been fatally injured and injured others traveling down sidewalks at excessive and unsafe speeds
- Obstructing sidewalk traffic: skateboarders attempting tricks or cutting in front of people is not permitted and may result in a fine
- Ignoring traffic signals: skateboarders must follow “walk” and “do not walk” traffic signals and must yield to traffic when instructed to
- Motorized skateboards: motorized skateboards, or any motorized vehicle for that matter are not allowed on sidewalks in LA
It is important to note that some of Los Angeles’s neighboring cities DO NOT allow skateboards, rollerblades, or bikes on their sidewalks.
With LA County being so large, it’s easy to find yourself outside Los Angeles’s city limits, so knowing which cities prohibit skateboards on their sidewalks can save you from unwanted citation.
These cities include:
- Santa Monica
- Malibu
- Universal City
- Marina Del Rey
Where is it Legal to Skateboard on the Sidewalk in LA County?
While LA County’s skateboarding sidewalk laws may sound strict, there are plenty of cities that allow skateboarders to safely access their sidewalks. This is a welcome relief for skateboarders because it keeps them off the road and lowers their risk of being hit by a vehicle, which is the number one reason for fatal skateboard accidents, according to a study done at Science Direct.
With that said, unless otherwise posted by the city’s municipalities, the following cities in LA County allow sidewalk skateboarding:
- Burbank
- Commerce
- Glendora
- West Hollywood
- Los Angeles
- Redondo Beach
- Pasadena
- Pomona
- La Mirada
- San Marino
Can I File a Lawsuit Against a Skatepark in Los Angeles if I Signed a Liability Waiver?
“Assumption of risk” liability protects business and property owners from lawsuits when their customers participate in risky activities. Liability waivers put those protections into words and spell out the activities customers may injure themselves performing when at a skatepark and remove the business from liability.
However, liability waivers are not legal shields against lawsuits.
A liability waiver can be invalidated if:
- The waiver violates California or federal law
- The terms of the contract are unethical, or morally wrong
- The skatepark owner used fraud, or misrepresentation to get you to sign the waiver
- You signed the contract under duress
- You were injured due to gross negligence – when someone was injured intentionally, or an obvious danger was ignored and caused someone harm.
A liability waiver, however, DOES protect business owners from ordinary negligence. So, it is important to understand what you are signing before you go to a skatepark and know what you are responsible for. We recommend the following precautions before you decide to sign any waiver of liability:
- Research online for lawsuits and safety violations for that particular gym
- Obey the “safety rules”
- Check with management to see if they have accident insurance for their participants
- Make sure you have active health insurance
What is the Typical Settlement Amount for a Skateboard Injury in Los Angeles?
There is no average compensation for skateboard injuries. The result of every personal injury lawsuit varies on a case-to-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
It is proven that payouts for skateboard injury victims tend to be higher for those represented by an experienced Personal Injury Lawyer than those who took legal action without representation.
Average Settlement for Skateboard Injuries
The severity of your skateboard injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis, traumatic brain injuries, and death can quickly exceed settlement amounts of around $1,000,000 or more.
FAQs
Property owners must exercise a “duty of care” to take reasonable steps to maintain their property, discover potential hazards, and warn visitors of foreseeable hazards that exist.
Very few skateboard injury cases go to trial. If there is an unwillingness to settle, then you will go to trial. However, 95% of civil cases will end up settling out of court.
The statute of limitations for personal injuries is 2 years from the date of the accident.
No, you do not have to go to court to receive compensation. Most personal injury lawsuits settle out of court, in which case your attorney will collect your compensation from the insurance company and give it to you.
Contact a Los Angeles Skateboard Injury Lawyer
If you or a loved one has suffered injuries due to a skateboard accident in Los Angeles, the attorneys at Maison Law are here to help. We’ll aggressively pursue fair compensation on your behalf and protect you from liability.
Too often, skateboarders are viewed in a negative light by the law, which is why they need experienced legal representation when seeking compensation for their injuries.
Contact Maison Law today for a free, no-obligation consultation and case evaluation. There are no upfront fees and you don’t pay a cent unless we win your case.
