It doesn’t take much for someone on a skateboard to get hurt while out and about in Porterville. An inattentive driver or a road hazard like a pothole is all that’s needed for a serious accident. What started as a fun afternoon has now become a life-changing event, and not for the better. Unfortunately, this type of situation is becoming more common in Porterville given its rapid growth as a city and the presence of major roads and highways, such as SR-190 and ST-65.
Getting hurt while riding your skateboard can put you in a very difficult situation. Dealing with the injuries, medical treatments, financial stresses, and mental trauma can be a lot. Then, as if to add insult to injury, when you try to get compensation for your losses, the at-fault party denies responsibility or tries to low-ball you or delay payment.
If you find yourself in this type of scenario, contact Maison Law as soon as possible. Our skateboard accident attorneys are ready to represent your interests and recover the money you need and deserve. There’s no cost for scheduling a consultation, and you don’t pay us anything unless we can recover money on your behalf.
Skateboard Laws in California
Under California law, skateboarders generally have the right to use public roads like any other traditional vehicle, such as a car or truck. However, they must abide by many of the rules cars and truck follows, as well as a few others. For example, skateboard riders must:
- Wear a helmet if they’re under the age of 18.
- Not leave any roadside place of safety if it means traveling into the path of another vehicle.
- Not be towed by another motor vehicle or bicycle at an unsafe speed.
- Follow all traffic signals and signs, such as stop signs and red lights.
- Yield to pedestrians at crosswalks.
- Yield to bicyclists in the bike lane.
- Not interfere with vehicle traffic.
Why Skateboard Injuries Happen in Porterville
There are many reasons why a skateboarder can have an accident and get injured. This risk can go up if the skateboard rider:
- Doesn’t wear protective equipment, such as a helmet, kneepads, elbow pads, or wrist guards.
- Skates on uneven surfaces.
- Keeps their skateboard in poor condition.
- Attempts tricks above their skill level and without adequate guidance or supervision.
What You Need To Do After Getting Into a Skateboarding Accident
The first thing you should do is seek medical attention for your injuries. If you were seriously injured, this probably requires you (or someone else) to dial 9-1-1 for an ambulance or other first responder to take you to the emergency room. If they’re not that serious, you might take yourself to the emergency room or go to an urgent care clinic. There’s also the option of scheduling an appointment with your primary care provider. Either way, you need to see someone.
This is important because your health should be your top priority. And what might seem like a minor injury could turn into a major one or result in long-term medical care because it was left untreated after the accident. Another reason to see a doctor or healthcare professional is that if you want to obtain compensation for your injuries, you’ll need proof you were injured. Medical records and a diagnosis go a lot further with a jury or insurance company adjuster than simply your word.
Assuming you’ve taken care of your health, you’ll want to take steps to protect your legal right to financial recovery. This means:
- Keeping copies of important documents, such as accident/police reports, video footage, pictures, and medical records.
- Identifying witnesses to the accident and obtaining their names and contact information.
- Following recommended medical care and treatments as advised by your primary care provider or healthcare specialist.
- Talking to a personal injury attorney to make sure you’re not giving up certain rights and are recovering the maximum amount of compensation possible under the law.
Recoverable Damages for Skateboarding Injuries
There are usually three main types of damages you can potentially recover following a skateboarding accident in Porterville:
- Economic damages: These are to reimburse you for the financial losses stemming from the accident. This includes things like unpaid medical bills, lost wages, lost future income, and property repair or replacement costs.
- Non-economic damages: These damages compensate you for more subjective harms, such as pain and suffering, loss of consortium, and emotional distress. Because these are inherently more difficult to calculate, they’re often a point of contention during settlement negotiations or jury deliberations.
- Punitive damages: The primary purpose of punitive damages is to punish the wrongdoer, not compensate you. Courts will normally only award punitive damages in cases where the defendant’s conduct was especially troublesome or problematic. A simple or honest mistake doesn’t usually justify punitive damages, but reckless or intentional conduct often will.
Calculating Damages in a Skateboard Accident Case
The above section discussed the type of damages a skateboard accident victim could potentially recover, but how does a person determine the amount of money they can potentially receive for each type of applicable damages? There are two main considerations.
First, we have several variables that can play a role in the amount a skateboard accident victim could receive. Some of these are:
- Severity and permanency of the injuries.
- The cost of necessary medical treatments.
- Whether the injuries resulted in lost time at work.
- The size of applicable liability insurance policy limits.
- How avers either side is to litigating and the risk of losing at trial.
- How easily it is to identify who the at-fault party is.
- The amount of persuasive evidence the skateboarder has to prove their claims.
The second important consideration is whether the skateboarder was partially at fault for their injuries. This is a critical factor because California uses a pure comparative negligence system that will reduce plaintiff’s recovery if they partially contributed to their damages. This may sound a bit harsh, but it’s arguably a better system for victims of accident because it allows them to obtain at least some money as long as they aren’t 100% at fault for their accident.
This is different from some other states that may prohibit the victim from recovering anything if they’re 50% or 51% at fault for the accident. For instance, if a skateboarder is deemed to be entitled to $100,000 for their damages, but is 51% at fault, then California law still allows them to recover $49,000 ($100,000 x 51% = $51,000; $100,000 – $51,000 = $49,000).
Talk to a Porterville Skateboard Accident Attorney
If the person or business that’s responsible for your skateboarding accident tries to give you the runaround, low-ball you, or delay compensation, you have to seriously consider hiring an attorney. By having a lawyer on your side, you’ll have a legal professional who can stand toe-to-toe with insurance companies and other lawyers to protect your interests and right to basic compensation for your injuries.
To learn more about your legal options, contact Maison Law today to schedule a no-obligation, no-cost consultation.
Skateboard Accident FAQs
What legal “duty of care” applies to skateboard accidents?
Other users of public roads and sidewalks in California have a legal duty to take reasonable steps to be safe and avoid hurting others. A similar duty applies to property owners who must take reasonable steps to keep their property free from foreseeable hazards and risks.
Will I have to take my skateboard injury case to trial?
Maybe. The vast majority of personal injury lawsuits settle before trial. However, if you decide to file a lawsuit, you need to be prepared to go to trial should settlement talks break down.
Is there a deadline to file a skateboard injury lawsuit in Porterville?
Yes, most personal injury actions must begin within two years from the date of the accident or injury.
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