The legal professionals at Maison Law are here to represent Modesto skateboarders who have been hurt in an accident involving a vehicle. Sadly, many drivers feel that skateboarders have no right to share the roads. But that is not the case, and we are here to protect your right to skateboard and enjoy the activity safely. Reach out to Maison Law if you or a loved one was injured in a Modesto skateboard accident, and we will provide a free consultation and case evaluation.
Do I Need a Modesto Skateboard Accident Lawyer
Legally, the victim of a Modesto skateboard accident is not required to hire a skateboard accident lawyer to represent them in a lawsuit. Victims of personal injuries in the state are always free to represent themselves in a case to seek compensation when they are harmed by another person or entity’s negligence. However, if you do choose to litigate the matter on your own, you are responsible for meeting the same standards and processes for filing the case as any legal professional would meet for this process. The more accurate question that you might want to consider is whether you want and deserve legal representation from a Modesto skateboard accident lawyer.
The purpose of your skateboard accident lawsuit is to secure compensation for the losses and expenses you incurred when you were in an accident caused by the driver of a vehicle. Handling this matter on your own will take time, focus, and energy that could be best used to heal and recover from your accident injuries. In addition, research shows that the majority of cases handled by a Maison Law Modesto skateboard accident lawyer will result in increased compensation or a more robust settlement than a similar case handled by the injury victim. The wise choice is often to trust professionals to deliver the highest quality results.
Request Your Free Consultation
When you get hurt in any accident, you could have many questions. The choices you make after your Modesto skateboard accident could impact your life for years to come, so you want to have all the facts before moving forward. The simple and cost-effective way to get the information and answers you need is to schedule a free consultation with Maison Law. One of our skilled Modesto skateboard accident lawyers will evaluate your case and explain its legal merit. If you have grounds for a lawsuit, you will soon understand the process and how our staff can help you obtain the justice and compensation you are owed for the damages you have suffered due to a driver’s negligence.
Modesto Skateboarding Laws
The laws around skateboarding in California vary from city to city. In Modesto, skateboarding is not permitted on city streets or city-owned parking lots or structures. It is also banned on sidewalks in designated areas of the city's business districts. However, that ban does not grant drivers the right to hit a skateboarder.
You can review local rules in the Modesto municipal code. California Vehicle Code § 21212 addresses helmets for riders under 18, including skateboarders.
Throughout the state, skateboarders are classified as pedestrians. And, like pedestrians, drivers have a legal obligation to watch for and avoid contact with any skateboarder, just as they would with a person who has walked into the street.
For broader pedestrian and bicyclist safety research, see the Federal Highway Administration. The City of Modesto also lists its Paradise Road ATP Cycle 3 project among its bicycle and pedestrian projects.
Calculating Modesto Skateboard Accident Case Values
The potential for severe injuries and massive medical expenses and other losses is very real when a skateboarder is struck by a vehicle. The lack of protection for the victim only increases the possibility of life-altering or even life-threatening injuries and significant expenses. Knowing that you could face many costs caused by this accident, it is reassuring to understand the process of case valuation for your skateboard accident in Modesto.
With the help of your Maison Law legal team, you will compile all economic and non-economic damages that are the result of the incident. The economic damages are easy to identify and calculate as they each have a clear dollar value and will include things like:
- All current medical expenses related to the care of the skateboard accident injuries
- The projected cost of future medical care for the injuries caused by the skateboard accident in Modesto
- Any expenses related to counseling or therapy for the emotional harm caused by this traumatic incident
- The cost of transportation to all medical appointments related to the accident injuries
- Your lost income if the accident injuries prevented you from working during your recovery period
- Lost future income if the skateboard accident injuries resulted in a disability or limitation that harmed your career path or earning potential
Your non-economic damages are a bit more challenging to document as they do not have pre-determined cash values. These are the losses or challenges you will face each day that can impact your quality of life, enjoyment of life, and specific activities. You and your Maison Law skateboard accident lawyer will work to assign fair dollar values to these losses that can include:
- Your pain and suffering
- Loss of enjoyment of activities like skateboarding, exercise, and an active lifestyle
- Scarring or disfigurement
- Loss of consortium
- Loss of the ability to participate in or contribute to the lives of loved ones
- Emotional difficulties like PTSD, anxiety, stress, nightmares, or difficulty sleeping
Liability in a Modesto Skateboard Accident
Sadly, negligence or poor choices that impact your life and safety surround you each day. We all depend on those around us to make good choices that help ensure their own safety and ours. In the case of a skateboard accident in Modesto, many people or entities could have all or some of the liability for your accident and injuries. The list of potential responsible parties includes:
- Vehicle drivers
- Cyclists
- Local contractors working in the area that left debris on the road or sidewalk
- Business owners whose truck dropped litter, debris, or other items causing a road hazard
- The city, county, or state if they failed to maintain the roadway or traffic and safety signage which resulted in the accident
- Owners of private property such as a mall or business parking lot that failed to maintain the space in a hazard-free condition, such as unfilled potholes or other damage to the pavement
Statute of Limitations for a Skateboard Accident Case in Modesto
In most skateboard accident lawsuits, the victim has 2 years from the date of the accident and the date of their injuries to file their case with the court. This is a non-negotiable time limit, and once it has passed, the victim loses the right to pursue legal action for losses and expenses incurred as a result of the incident. In addition, there are very minimal exceptions that would provide added time to take legal action.
If your case is naming a government entity or agency as the liable party, for example, you were hurt because of a damaged city sidewalk, or you suffered harm because of a pothole in the parking lot of the local Post Office, the time limit for your case to be filed with the court is reduced to only six months from the date of the incident. While the time limit is shortened in these cases, all other aspects of the Statute of Limitations are the same.
Frequently Asked Questions About Modesto Skateboard Accidents
Do skateboarders need to follow the same traffic laws as drivers?
In California, if a skateboarder is in an area that permits use of public roadways for skateboarding, the rider must comply with all the same traffic laws as vehicles. For example, they must obey stop signs and traffic signals, yield to crosswalks, and cannot impede traffic flow.
Can I still file a lawsuit if I was given a share of the liability for the skateboard accident?
Yes, California is a comparative liability state, meaning the responsibility for an accident can be distributed among multiple parties. You will be permitted to sue for compensation for any portion of your damages that is in excess of the amount of liability to hold for the accident. If you were 25% to blame for the incident, you can seek up to 75% of your damages from the incident.
Do all Modesto skateboard accident lawsuits go to court?
Most people are shocked to learn that on average, less than 10% of all lawsuits go to court and are heard by a judge. Most cases are resolved through negotiations to reach an agreed-upon settlement.
Contact a Modesto Skateboard Accident Lawyer
If you or a family member has been involved in a skateboard accident, get in touch with Maison Law for a free consultation. A Modesto skateboard accident lawyer will provide a complete case evaluation and explain the legal merit of your case and options to secure any compensation owed to you for your injuries. But keep in mind that you are never obligated to hire Maison Law or move forward with legal action.
If you decide to hire Maison Law to handle the case, you will be pleased to learn that we work on a contingency basis so you never need to worry about legal fees and out-of-pocket expenses. The firm is only paid after the matter is resolved and you have compensation or settlement funds to cover your legal costs. You never need to forgo professional legal help because you are short on cash.
