While some cities in California may require skateboarders to wear helmets, it is required by California law that all skateboarders under the age of 18 wear helmets. This law specifies helmet requirements, and the penalties associated with failing to wear a helmet when riding a skateboard, bicycle, non-motorized scooter, or roller skates.
California Helmet Law
Even though a helmet cannot protect skateboarders 100% of the time, it can reduce the impact of even the most harsh collisions. For that reason, California has mandated helmets for skateboarders under the age of 18. California Vehicle Code 21212 states:
“A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.”
Can a Lawyer Help Me in a Skateboard Accident if I Wasn’t Wearing a Helmet?
Cases where skateboarders under 18 are injured in an accident without wearing their helmets typically result in the skateboarder losing some, if not all, compensation by violating California helmet law.
If the skateboarder is over 18 and sustains injuries without wearing a helmet, then they’ll have a better chance at collecting damages then someone under 18. However, the amount is likely to still be reduced for not wearing a helmet. For these reasons, it is recommended to contact a California Skateboard Lawyer at Maison Law to discuss you case.
Helmet Laws for Motorized Skateboards in California
Electric skateboards, or “hoverboards” are becoming increasingly popular among active, outdoor-loving California residents. But while there are laws that allow the legal operation of motorized skateboards on California streets, there are also laws to regulate them. In California, operators of motorized skateboards are required to wear a helmet, according to California Vehicle Code 21292.
Also, In October 2015, then-Governor Jerry Brown signed AB 604 into law. This law allows people 16 and older to ride electric skateboards in California bike lanes, sidewalks, trails, and roads where the speed limit is 35 miles per hour or less. Those operating an electrical skateboard are required by law to wear a helmet, and for riding at night, the law states the rider must wear reflective gear and have a light on their board.
California Skateboard Injury Statistics
Even with safety equipment, not every skateboarding injury is preventable. But one thing you can do is understand just how risky skateboarding is so you know what to expect and how to handle the aftermath of a skateboarding injury. According to a study done by the National Library of Medicine, the average age for serious skateboarding injuries was 19 years old, with only 14% of all skateboarding injuries occurring in those 30 years and older. Additionally, 50% of all skateboarding injuries required emergency care.
In 2022, 230,506 people were treated in emergency rooms after being injured while skateboarding with 61,546 of those injuries occuring in skateboarders ages 15 to 24, according to the NSC.
According to the Semantic Scholar, neurosurgical intervention was needed in 14% of all skateboarding head-related injuries. Unfortunately, even with helmets, head injuries in skateboarding are still prevalent with 75% of all hospital-admitted skateboarding accidents being head injuries. This statistic shows why wearing a helmet is so important for skateboarders.
What are the Long-Term Effects of Brain and Head Injuries?
No brain and head injuries are the same. Every person will respond differently after suffering a traumatic brain injury with some people showing symptoms right away, while others will have symptoms that gradually become apparent over time. TBIs are unique injuries in the sense that they can take years to become evident to the injured victim, usually resulting in long-term or even permanent brain damage if left untreated. Long-term effects from a brain and head injury include:
- Physical impairments: difficulty eating, breathing, and exercising
- Cognitive disabilities: affects a person’s ability to think, organize, and act independently
- Impacted basic functions: issues with hearing, reading, writing, speaking, and trouble with numbers can lead to long-term communication issues
- Emotional trauma: emotional stress and anxiety due to the nature of how the injury occurred
- Impacted movement: if the brain’s movement portion is injured, muscles may become stiff or spastic, interfering with a victim’s ability to speak, eat, move, or breathe correctly
Legal Support for Injured Skateboarders
If you or a loved one has suffered a head injury while skateboarding, our team of attorneys at Maison Law can help. Our firm stands up for injured skateboarders and we’re ready to aggressively pursue damages on your behalf. Contact Maison Law today for a free, no-risk case consultation. No upfront money is necessary for our services and we don’t get paid unless we win your case.
