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Tulare Skateboard Accident Lawyer

Maison Law supports skateboarders’ rights after they’ve been hit by a car in Tulare. If you or a loved one has been injured in a skateboarding accident due to a careless driver, the Personal Injury Attorneys at Maison Law can help you get compensation for your injuries and protect you from liability. If you’re an injured skateboarder who is suffering injuries, financial losses, and mental trauma after being hit by a vehicle, our firm is ready to advocate on your behalf and protect your right to compensation. Don’t wait until it’s too late to take legal action. Contact Maison Law today for a no-cost, no-obligation consultation.

Do I Need a Lawyer for a Skateboard Accident?

Sadly, Tulare is notorious for car accidents, and the unfortunate reality is that many of these accidents involve skateboarders. According to the National Safety Council, over 220,000 skateboarders had to be treated in an emergency room after suffering an injury while out skateboarding. It only takes a split second of inattention for a driver to hit a skateboarder attempting to cross the street. And when a vehicle hits a skateboarder who has nothing more than a helmet for protection, the resulting injuries tend to be life-altering.

That’s why, at Maison Law, we stand up for skateboarders who have been injured by reckless drivers in Tulare. We advocate on behalf of injured skateboarders in Tulare by protecting them from liability after being involved in an accident and ensuring they receive financial compensation for the following damages:

  • Economic damages: financial damages you incurred due to the accident.
    • Medical bills
    • Lost Wages
    • Loss of future potential earnings
    • Loss of property
    • Cost of property repair or replacement
  • Non-economic damages: these are subjective, non-compensatory damages.
    • Pain and suffering
    • Emotional distress
    • Depression
    • Anxiety
    • Loss of consortium
  • Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
    • Reckless behavior (DUI, street racing)
    • Actions performed out of spite

Steps You Should Take After a Skateboard Accident in Tulare

A skateboard accident can be life-altering. For example, a skateboarder can suffer serious injuries in a car accident, a collision with a cyclist, or due to a hazardous condition like a pothole. That’s why it is important to make sure you take the necessary steps to get your life back on track. At Maison Law, we can handle your case for you, so you don’t have to worry about missing compensation you may need for current and future medical procedures. We recommend taking the following steps to ensure you have a strong case:

  • Collect Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
  • Get a Police Report: Failing to alert the police does not help your case, especially if the case comes down to your word over the person responsible for your injuries. A police officer will file an accident report and may even assign blame based on their assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
  • Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
  • Collect Eye Witness Statements: if there are any eyewitnesses, try to get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
  • Collect General Information: Exchange insurance information with the party responsible for your injuries, and be sure to get their name, phone number, and contact information.
  • Contact Maison Law: Our firm is standing by to help skateboard accident victims in Tulare, physically and financially recover. Call, text, or email. Our door is always open to the community, and we’d love to help you through this difficult time.

What Info is Needed During a Law Firm’s Intake Process?

The intake process usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide the law firm with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to an attorney, you can usually set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need to begin the intake process with a law firm:

  • Employment details: current or former employer, job title, dates of employment, and compensation information.
  • Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
  • Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
  • Witnesses: names and contact information of potential witnesses to the alleged misconduct
  • Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
  • Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
  • Medical information: details about your medical diagnosis and treatment plan
  • Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury

Where Can You Skateboard in Tulare?

Generally, skateboarders, along with other non-motorized means of transportation, are allowed to use public streets with speed limits 25 MPH or less. The most common of these types of roads are often found in neighborhoods. But, in Tulare, skateboarders are not allowed to ride on sidewalks, according to City Code 8.16.070. So, even if the speed limit is under 25 MPH, skateboarders do not have access to the sidewalks.

The city of Tulare does allow skateboarders to use all bike lanes, however, they are not allowed to impede cyclists, and must yield to pedestrians at all times. Skateboarding is generally not allowed on sidewalks in any part of Tulare, especially downtown where “no skating,” signs are posted. Your best bet for skateboarding in Tulare is at Rotary Skate Plaza at Topham Park.

California Skateboard Law

California state law permits local governments like Tulare to form their own skateboarding laws. That’s why you’ll find skateboarding laws differing from city to city across the Golden State. However, in the state of California, all bicyclists, scooter riders, and skateboarders have the legal right to use the road in California. But even with the general right to skateboard on the road, 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

Can I File a Lawsuit Against a Skatepark in Tulare if I Signed a Liability Waiver?

“Assumption of risk” liability protects business and property owners from lawsuits when their customers participate in risky activities. Liability waivers put those protections into words and spell out the activities in which customers may injure themselves when at a skatepark and remove the business from liability. However, liability waivers are not legal shields against lawsuits. A liability waiver can be invalidated if:

  • The waiver violates California or federal law
  • The terms of the contract are unethical, or morally wrong
  • The skatepark owner used fraud, or misrepresentation to get you to sign the waiver
  • You signed the contract under duress
  • You were injured due to gross negligence – when someone was injured intentionally, or an obvious danger was ignored and caused someone harm.

A liability waiver, however, DOES protect business owners from ordinary negligence. So, it is important to understand what you are signing before you go to a skatepark and know what you are responsible for. We recommend the following precautions before you decide to sign any waiver of liability:

  • Research online for lawsuits and safety violations for that particular gym
  • Obey the “safety rules”
  • Check with management to see if they have accident insurance for their participants
  • Make sure you have active health insurance

What is the Typical Settlement Amount for a Skateboard Injury in Tulare?

There is no average compensation for a skateboard injury claim. The result of every personal injury lawsuit varies on a case-by-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 a Personal Injury Lawyer than those who took legal action without representation.

FAQs

Q: How does “duty of care” apply to a skateboard accident?

A: Property owners must exercise a “duty of care” to take reasonable steps to maintain their property, discover potential hazards, and warn visitors of foreseeable hazards that exist. This applies to property owners, businesses, and government entities.

Q: How many skateboard injury cases end up going to trial?

A: Very few skateboard injury cases go to trial. If there is an unwillingness to settle, then you will go to trial. However, 95% of civil cases will end up settling out of court.

Q: What’s the deadline for filing a skateboard injury claim in Tulare?

A: The statute of limitations for personal injuries is 2 years from the date of the accident. Injuries caused by the government, however, have a deadline of 6 months, so it is recommended to act sooner rather than later.

Q: Do I have to go to court to receive compensation?

A: No, you do not have to go to court to receive compensation. Most personal injury lawsuits settle out of court, in which case your attorney will collect your compensation from the insurance company and give it to you.

Contact a Tulare Skateboard Injury Lawyer

If you or a loved one has suffered injuries due to a skateboard accident in Tulare, the attorneys at Maison Law are here to help. We’ll aggressively pursue fair compensation on your behalf and protect you from liability. 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.