CACI No. 405 covers civil matters where more than one party is found at fault. In the case of skateboard accidents, Comparative Negligence law often comes into play when a skateboarder is found partially liable for their injuries. A Comparative Negligence verdict is determined at trial by a judge and jury.
Comparative Negligence in a California Skateboard Injury
Depending on the circumstances, a skateboard accident could be the fault of the:
- The skateboarder
- The property owner
- A contractor
- A government entity
- A business
The way comparative negligence could play out in a skateboarding accident is if, for example, a skateboarder is texting while riding around a skate park. As the skateboarder is looking down at their phone, their skateboard rolls into a semi-deep crack in the concrete, causing them to fall forward and fracture their wrist.
In this situation, the owner of the skatepark could be found partially liable for the premises liability for having a dangerous, uneven surface in their skatepark. The skateboarder could also be found partially liable for not paying attention while they’re skateboarding.
So, if this case were to go to trial, fault would be determined by a “comparative negligence” system. While comparative negligence determines fault, it will also determine the amount an injured victim can claim for their injuries. This is stated under Comparative Negligence Law:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if the texting skateboarder is found 50% at fault for their skateboard accident and the court awards them $10,000 worth of damages, then their compensation would be reduced by 50% and they would recover $5,000.
California Skateboard Law and Comparative Negligence
California state law permits local governments to form their own skateboarding laws. That’s why you’ll find skateboarding laws differing from city to city. However, in the state of California, 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
If a skateboarder is injured while violating one of these laws, they are still entitled to compensation under CACI No. 405 Comparative Negligence. However, it could potentially reduce it.
What is the Typical Settlement Amount for a Skateboard Accident?
There is no average compensation for skateboard accidents. The result of every personal injury lawsuit varies on a case-to-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
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.
Average Settlement for Skateboard Injuries
The severity of your skateboard injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis, traumatic brain injury, and death can quickly exceed settlement amounts of around $1,000,000 or more.
Contact a California Skateboard Accident Lawyer
If you or a loved one have suffered injuries in a skateboarding accident, the Skateboard Accident Attorneys at Maison Law can help. 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.
