Skateboarding already isn’t the safest activity, but the risk of having a skateboard accident and getting injured goes up dramatically if the rider encounters an uneven surface, like a pothole. Even areas around Porterville that should be free of potholes, such as sidewalks, parking lots, or skate parks, still carry these risks. Then add the fact that most skateboarders have little or no protection (besides maybe a helmet), and it’s easy to see why skateboard injuries can be particularly life-changing.
If you or someone close to you has been hurt due to a pothole while on their skateboard, the personal injury lawyers from Maison Law are here for you. Below is an overview of skateboard accidents caused by Porterville potholes, but if you’d like to know more, don’t hesitate to contact us today to arrange a free, no-obligation consultation.
How Potholes Cause Skateboard Accidents
Unlike cars and trucks, skateboards are extremely small, lightweight, and have tiny wheels. This makes running into a pothole that much more dangerous for skateboarders. The pothole can result in the rider losing their balance and either falling off their skateboard or losing control and veering into someone else or another vehicle.
Potentially Liable Parties For Skateboard Accident Injuries Caused by Potholes
Who’s liable for your injuries will depend on various factors, such as where the pothole was located, who was responsible for the property with the pothole, and if there were any other people involved in the accident. Depending on the facts of your case, one or more of the following parties may have to pay for your injuries:
- State of California
- County of Tulare
- City of Porterville
- Road or sidewalk construction company
- Road or sidewalk maintenance company
- Private property owner
- Another driver, bicycle rider, skateboarder, or scooter rider
Steps To Take After a Skateboarding Accident
A skateboard accident can change your life, and often not for the better. This is why it’s so important that you take the following steps to protect your health and legal rights following the crash with a pothole.
Step 1: See a Healthcare Professional as Soon as Possible
This will probably happen automatically if you’re badly hurt, as you or someone else will call 9-1-1 so an ambulance can take you to the emergency room. It’s when your injuries don’t seem serious that you might need to be reminded to see a doctor or other medical professional.
This is a critical step because you need to make sure your injuries get properly treated. What might seem like a minor injury could actually be something serious or lead to something more serious later on. Common examples of this include concussions and brain edemas.
Even if it turns out your injuries aren’t life-threatening, it’s still helpful to see a doctor to confirm this and create medical records to serve as evidence of your injuries and that you took reasonable steps to treat those injuries. This can become very important later on if you end up having to file a lawsuit or negotiate with insurance companies.
Step 2: Contact the Police
If you or someone else calls 9-1-1, a police officer is likely to show up and prepare an accident or police report. This report can serve as critical evidence for ensuring you receive full compensation and liability is assigned to the proper parties.
Step 3: Gather Evidence
If anyone saw the accident, you’ll want their names, contact information, and a summary of what they saw. If they took photos or videos of the accident, you may want to see if you can get a copy of their footage. If able, you should also take photos of the accident scene, including the pothole. It’s possible that the pothole might be fixed within a few days or weeks after your accident.
You’ll also want to get the name, contact information, and insurance information of anyone involved in the accident who was operating a motor vehicle.
Step 4: Report the Pothole to the City of Porterville
Porterville’s Public Works Department can’t fix potholes it doesn’t know about. Thankfully, Porterville offers three options for informing them about the pothole. There’s a special app, email, or you can call(559) 782-7514.
Step 5: Follow the Recommended Medical Treatment
If your doctor or other medical specialist recommends a certain course of treatment, you should follow that advice, assuming your finances allow for that. This is not only good for your healing, but it’s important for showing at-fault parties the extent and seriousness of your injuries. It’s more difficult to argue an injury is serious and warrants additional compensation when you ignore additional treatments recommended by your doctor.
What Damages Can I Recover After a Skateboard Accident?
There are three primary types of damages you can potentially recover following a skateboard accident caused by a pothole in Porterville. First, there are non-economic damages, which compensate you for subjective damages, such as loss of consortium, pain and suffering, and emotional distress. During insurance or litigation settlement talks, these are often the damages that get the most attention because they’re so hard to calculate using hard evidence.
Next, there are economic damages. Compared to non-economic damages, these are usually easier to determine because they’re based on your financial losses due to the accident. The goal of economic damages is to reimburse you for losses such as unpaid medical bills, lost income, lost future income, and repair or replacement costs. In many cases, there will be documents to support your economic damage claims.
Finally, we have punitive damages. These are unique because they’re not designed to compensate, but instead, punish the at-fault parties. Therefore, courts don’t usually award punitive damages unless the responsible party acted in a particularly reckless or intentional manner.
For example, pretend another vehicle on the road forgot to use a turn signal before turning into you and forcing you into a pothole. If they didn’t use a turn signal because they simply forgot, there’s no punitive damage award. But if they didn’t use a turn signal because they intentionally tried to run you off the road, then that would potentially result in a punitive damage award.
How Much Is a Skateboard Pothole Accident Case Worth?
There are numerous variables that affect how much a case is worth and what you can expect to recover. Among the most important variables are:
- The at-fault party’s aversion to risk and desire to avoid a trial.
- Whether there’s any dispute as to who’s responsible for the pothole and causing the accident.
- The severity of your injuries.
- Whether your injuries are permanent or will fully heal over time.
- Whether the accident caused you to miss work and lose income.
- Your level of fault in causing the accident (if applicable).
Pure Comparative Negligence and Shared Fault
If a court believes you were partially responsible for your injuries, they might reduce the compensation you receive. This is due to the fact that California is a pure comparative negligence state. In other words, as long as you’re not 100% liable for causing the accident, you should receive at least some compensation. The amount of your compensation will be reduced by your percentage of fault.
So if you’re entitled to $50,000 in damages, but are 20% at fault, you’ll receive $40,000 instead ($50,000 x 20% = $10,000; $50,000 – $10,000 = $40,000).
Get In Touch With a Porterville Skateboard Accident Lawyer
Unfortunately, skateboarders aren’t always looked at the most positively by members of the general public. Many people unfairly assume a skateboarder was being reckless or careless and that’s why they got into an accident. Combine this bias with an at-fault party’s desire to avoid admitting they did anything wrong, and it’s often more difficult for Porterville skateboard accident victims to recover money for their injuries.
If you’re facing difficulty in obtaining compensation following your skateboard accident caused by a pothole, Maison Law is here to help. You can contact us to schedule a no-cost, no-obligation case evaluation and consultation. You don’t pay us anything unless we recover money on your behalf.
