The team at Maison Law is ready to help victims of skateboard accidents caused by potholes in Modesto. If you or a family member recently got hurt on a skateboard because of a dangerous pothole in the road or on the sidewalk, reach out to Maison Law. Our team will schedule a free consultation with a Modesto skateboard accident lawyer to review your case and explain all the information you need to know to make crucial choices about taking legal action. The meeting is always free, and you are never obligated to hire Maison Law or file a lawsuit.
For general skateboard-injury research and safety guidance, see Nationwide Children’s Hospital and the National Safety Council.
Do I Need a Modesto Pothole Related Skateboard Accident Lawyer
From a legal standpoint, the victims of a skateboard accident caused by a pothole in Modesto do not need to hire a lawyer to represent them if they wish to file a lawsuit related to their accident and injuries. In California, a personal injury victim may represent themselves in the case as long as they meet all requirements for preparing and filing the lawsuit. It is vital to understand that there are no exceptions in the process for a person with no legal background when filing a lawsuit. You must meet all requirements applicable to legal professionals when taking this action.
The more applicable question for you is two parts. First, can you meet the demands of preparing and filing a lawsuit? And second, do you want to risk the compensation you deserve by handling the case on your own? Finally, keep in mind that the goal is to have your losses and expenses covered by the liable party in the case. And case records clearly show that lawsuits handled by Maison Law's skateboard accident lawyers typically result in larger settlements or more compensation awarded to the victim than similar cases handled by the victim.
Schedule Your Free Consultation Today
The fast and reliable way to get answers to all your questions and concerns about a Modesto skateboard accident caused by a pothole is a free consultation with a Maison Law skateboard accident lawyer. They will provide a complete case evaluation, explain the legal merit of the matter, and how you can proceed with a lawsuit if you feel that is the best option to meet your needs. But after this meeting, all the choices are up to you, and there is no obligation to take any action or to hire our firm.
Determining the Case Value for a Skateboard Accident Caused by a Pothole
Getting hurt because of a pothole in the road surface, in a parking lot, or even on the sidewalk, that was unmarked and barricaded, is sure to be painful and upsetting. The losses and expenses created by this easily avoidable safety hazard can create immense stress as you worry about paying bills and living expenses. However, after a free consultation with a Maison Law skateboard accident lawyer, you will feel more confident in your ability to overcome these hardships thanks to the process of documenting your damages and determining the value of your case.
The economic damages you face are often items that have a clear dollar value and are easy to calculate, such as:
- The cost of all current and projected medical care for the injuries from the accident
- The cost of transportation to your medical treatment and appointments related to the accident
- Any cost for counseling or therapy to address emotional harm due to the trauma of the skateboard accident
- Your lost wages if you are unable to work until you are healed from the skateboard accident injuries
- Any future lost income if the harm of the skateboard accident results in disabilities that alter your career options or limit your earning capabilities
The less tangible damages you face are related to the loss of enjoyment in your life, the quality of life you have, or challenges that impact your daily life after the accident. These will be evaluated with your Maison Law legal team to help you assign a dollar value to seek a form of compensation for things like:
- Loss of consortium
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of activities like skateboarding or participating in sports
- An inability to participate in or contribute to the lives of loved ones as you once did
Liability for a Modesto Skateboard Accident Caused by a Pothole
In Modesto, the areas where skateboarders can legally use roadways are limited. However, there are places where skateboarders and all pedestrians are required to use the road, such as a marked or unmarked crosswalk. If there are potholes in the road in a crosswalk and you suffer an accident and injuries, you have the right to seek compensation for the losses and expenses you incurred. But the challenge lies in determining who could be liable for the road maintenance and the pothole that caused your injuries. In the case of a city street, the common liable parties will be:
- The City of Modesto
- Stanislaus County
- State of California Department of Transportation, or CALTRANS
In cases where you get hurt because of a pothole on private property, the owner of that space is often to blame for the poor condition of the road surface. Common private property potholes and pavement issues arise in gated communities, large apartment complexes, and parking lots that belong to shopping malls, restaurants, event venues, or downtown parking lots that are privately owned and charge an access fee. But in each case, the owner of the space has a duty of care to maintain the parking lot or private roadways in a safe condition.
Statute of Limitations for a Skateboard Accident Caused by a Modesto Pothole Lawsuit
In most personal injury cases, the victim has 2 years from the date of the incident to file their lawsuit with the appropriate court. Once the two years have passed, the time to take action expires, and the victim is no longer permitted to pursue a lawsuit related to that specific incident and losses. What can cause a great deal of confusion for many victims of a skateboard accident caused by a pothole is when the liable party is a government entity or agency.
In cases that involve any government entity or agency as the liable party, the State of California has reduced the Statute of Limitations to only six months from the date of the incident. As with the extended time period, once this time limit expires, you can no longer pursue legal action related to this matter. And in all cases, the time limit is strictly enforced, with minimal exceptions for additional time is to file a lawsuit.
To report a road or sidewalk hazard, contact Modesto’s Public Works Department or use the GoModesto request portal. For the legal background, see Civil Code § 1714, Government Code § 835, the California Law Revision Commission’s report, and our guide to government claims.
Frequently Asked Questions About Modesto Skateboard Accidents Caused by Potholes
What is duty of care?
When discussing the responsibilities or legal obligations of a property owner, it is stated that they have a duty of care and must maintain the property in a safe, hazard-free condition. Because there cannot be a clear, defined reaction to every hazard or issue that could arise at any property, the standard for eliminating the hazard is to take the steps that the average prudent person would take in a similar situation. For example, if the pavement has a gaping hole, the average person would repair it or place a barrier around the hazard until it could be corrected. When a property owner fails to take the appropriate level of action, they are deemed negligent in their duty of care.
Can I still file a lawsuit if I was deemed partially responsible for my skateboard accident?
Because skateboarders are treated as pedestrians, drivers are obligated to watch for them and exercise extra care when they are present. But skateboarders are also required to obey the rules of the road. So, there could be a time when a skateboarder shares the liability for an accident that also involves a pothole. In these cases, the victims of the accident may sue other liable parties for the portion of their damages that exceeds the liable parties' liability for the incident. If you were 30% liable for the accident, you are allowed to pursue legal action to recover 70% of your damages from other liable parties in the accident.
Do all skateboard accident lawsuits related to a pothole go to court?
In the majority of all lawsuits, only 10% or less reach a judge. Most lawsuits are resolved through a negotiated settlement deemed acceptable by all parties.
Contact A Modesto Skateboard Accident Lawyer
If you were hurt as a result of a skateboard accident caused by a pothole, reach out to Maison Law today. We will schedule a free consultation with a Modesto skateboard accident lawyer to review your case, explain the legal merit of the matter, and provide you with all of your options to seek compensation. If you choose to hire our firm to litigate the case for you, we will immediately begin the preparation and never ask for any out-of-pocket payments.
We are happy to work on a contingency basis to ensure our clients never need to choose between paying their living expenses and covering the cost of legal services. Maison Law gets paid after the case is resolved and you have the compensation or settlement funds needed to cover the cost of our services.
