Maison Law supports skateboarders’ rights after they’ve been hit by a car in Modesto. 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 the 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 in Modesto, contact Maison Law today for a no-cost, confidential consultation.
Do I Need a Lawyer for a Skateboard Accident?
The skateboarding scene in Modesto involves a healthy mix of skate parks and secret street spots. While Modesto isn’t a legendary skate hub like Los Angeles, Orange County, or parts of NorCal, it features some fantastic concrete-offerings like Beyer Community Park.
Unfortunately, as with any popular skatepark, there is always the risk of injury to any skateboarding community, whether they’re riding within the park, or along the streets of Modesto. And when a skateboarder is injured on the street, the unfortunate reality is that many of these accidents involve vehicles. 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
Is it Legal to Skateboard on the Sidewalk in Modesto?
Driving in Modesto 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 Modesto’s sidewalks being overcrowded as they are, it is natural to wonder if skateboarding on the sidewalk in Modesto is even legal. In Modesto, skateboarding on sidewalks is prohibited in business districts, but it is allowed in residential, non-business, areas. However, there are some exceptions. According to Modesto Municipal Code Section 3-2.808, it is unlawful to skateboard on:
- Any roadway in the city
- City-owned parking lots and parking structures
- Any Modesto Transportation Center or Amtrak Station
- Properties of Modesto City Schools, Sylvan Unified, or Empire Union
California Skateboard Law
California state law permits local governments like Modesto 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
Skateboarder Safety in Modesto
Every year, too many pedestrians, skateboarders, and bicyclists in Modesto are involved in crashes. Walking paths and school zones should be considered safe, not hazardous areas where the risk of skateboarder accidents has been on the rise year-over-year. According to the Federal Highway Administration, studies have shown that the risk of pedestrian, skateboarder, and bicycle accidents increases by 85% when vehicles are traveling at speeds greater than 40 MPH. Unfortunately, in Modesto, there are many roads with speed limits above 40 MPH.
It is this statistic that has caused the City of Modesto to take action in school zones. One of the main streets where safer intersections and school zones are needed is Chicago and Washington Avenue. A collective effort known as the “Paradise Road Project” provided these streets with city-funded traffic circles, a road diet, and new fencing along the median to aid in slowing traffic and increasing visibility for pedestrians, skateboarders, and bicyclists. The city continues to urge drivers in Modesto to slow down, pay attention to speed limits, and stop at crosswalks, whether painted or not.
Can I File a Lawsuit Against a Skatepark in Modesto 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?
There is no average compensation for haunted skateboard injuries. The result of every personal injury lawsuit varies on a case-by-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
FAQs
Q: How does “duty of care” apply to a skateboard accident?
A: 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.
Q: How many skateboard injury cases end up going to trial?
A: 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.
Q: What’s the deadline for filing a skateboard injury claim in Los Angeles?
A: The statute of limitations for personal injuries is 2 years from the date of the accident.
Q: Do I have to go to court to receive compensation?
A: 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 Modesto Skateboard Accident Lawyer
If you or a loved one has suffered injuries due to a skateboard accident in Modesto, 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. 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.
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