Skateboarding is a popular activity in Tulare. Sadly, some skateboarders get injured, often by other vehicles. If you’ve been hurt skateboarding in or around Tulare, the personal injury skateboard lawyers at Maison Law are ready to help.
We understand how painful and debilitating skateboarding injuries can be. That’s why we work hard to help skateboard accident victims recover full and fair compensation for their financial losses and trauma due to someone else’s negligence or recklessness. If you’ve been hurt in a skateboarding accident in Tulare, contact Maison Law today for a free, no-obligation case evaluation.
An Overview of California Skateboard Law
There are few, if any, statewide laws that dictate how and when individuals can ride their skateboards within the state. Instead, local governments, like Tulare, can pass their own ordinances and rules to regulate skateboard use. That said, the state of California allows bicyclists, scooters, and skateboarders the right to use public roads, subject to certain limitations, conditions, and restrictions, such as:
- Wearing a helmet if the rider is under the age of 18.
- Following traffic signals and signs, including yield and stop signs.
- Yielding to pedestrians at crosswalks and bicyclists in bike lanes.
- Not being towed by a motor vehicle or bicycle at an unsafe speed.
- Not impeding traffic or the flow of traffic.
- Leaving any place of safety and into the path of another vehicle.
Skateboarding in Tulare
As mentioned earlier, localities like the City of Tulare may enact their own ordinances concerning skateboard use. For example, according to City Code 8.16.070, skateboarding isn’t allowed on sidewalks. Skateboarding is also prohibited in much of the downtown parts of Tulare. To accommodate skateboarding, Tulare has special areas for skateboarding and related activities. One such location is Rotary Skate Plaza at Topham Park.
Liability Waivers and Skateboarding in Tulare
In certain places where skateboarding is encouraged, like a skatepark, skateboarders may be subject to a liability waiver. This basically protects the property or business owner from liability if the skateboarder gets hurt due to ordinary negligence. However, a court may refuse to honor or enforce the waiver if:
- The waiver is in violation of federal or California law.
- Any provisions of the waiver are morally wrong or unethical.
- The property owner uses misrepresentation or fraud to trick the skateboarder into agreeing to the waiver.
- The skateboarder entered into the waiver under duress.
- The skateboarder was harmed as a result of gross negligence, recklessness, or intentional misconduct.
If you’re at a skatepark where you’ll be subject to a waiver, it’s recommended that you:
- Carry health insurance.
- See if the skatepark has accident or liability insurance for its visitors.
- Obey all skatepark rules.
- Research the skatepark online to see if it has any history of lawsuits or safety violations.
Injuries That Often Arise From Skateboard Accidents
Unfortunately, a lot of skateboarders have zero protection from injury when they go skateboarding. Even when a skateboarder wears a helmet, they’re still at risk of serious injury should an accident occur. Some of the most common types of injuries for skateboarders are:
- Broken collarbone
- Jaw fracture and damaged teeth
- Broken ribs
- Traumatic brain injuries (TBI)
- Shoulder injuries
- Knee injuries
- Internal injuries
- Neck and spine damage
- Broken wrist
What To Do After Getting Into a Skateboard Accident in Tulare
If you’re unlucky enough to get into a skateboarding accident, you need to take certain steps to protect your legal rights and your health. These steps apply whether your accident was the result of a road hazard (like a pothole), a bicyclist, or another driver.
Step 1: Get Immediate Medical Attention
The most important thing is your wellbeing, so if you only think you’ve been hurt from the skateboard accident, see a doctor or other medical professional. Even a small injury warrants a doctor’s visit because what might seem “minor” could lead to something more serious later on. This is especially true with head injuries. Additionally, seeing a doctor creates a paper trail of your injuries and treatments, which can be useful when negotiating a settlement in the future.
Step 2: Get an Accident Report From the Police
If you’re hurt from the skateboarding accident, you or someone else will have most likely dialed 9-1-1. At a minimum, this would result in a police officer arriving at the scene to investigate and make sure everyone is okay. This will include the police officer talking to witnesses and those involved in the accident and creating a police or accident report. It’s important to get a copy of this report as it will be an important piece of evidence in a future insurance claim or lawsuit.
Step 3: Gather Evidence About the Accident
You’ll want the names of any witnesses, as well as a summary of what they saw and their contact information. If the accident involved another driver, you’ll want their name, contact information, and insurance information as well. If you’re able, try to take photos of the accident scene, including any conditions or hazards that may have led to the accident. Also, try to see if there are any security or traffic cameras (or other video sources) that may have recorded the accident.
If you’re badly hurt, you won’t be able to do this right after the accident, but once you’ve recuperated enough, you can return to the scene of the accident and ask for a copy of the accident or police report to start your own investigation and evidence gathering.
Lastly, as you’re getting your medical treatment for your injuries, make sure you get extra copies of your medical records and invoices. These documents will help support your settlement claims later on during the insurance or lawsuit process.
Step 4: Talk to a Personal Injury Attorney
You’re not required to hire an attorney to obtain compensation for your skateboarding injuries, but doing so can make this process a lot easier, faster, and result in the recovery of more money. This is especially true if you suffered significant injuries. The reason is that any recovery will likely involve dealing with insurance companies and getting through their red tape and low-ball settlement offers.
It’s helpful to have an experienced legal professional who can protect your legal interests during the claims process. Without an attorney, an insurance company adjuster or lawyer may try to quickly settle the case and get you to agree to take no further legal action. Their hope is that you accept their settlement and if you learn about additional medical treatment costs or lose time at work, you’ll be unable to get compensation because you already accepted the initial settlement offer.
How Much Is a Skateboard Accident Case Worth?
Without knowing all of the facts of a particular case, it’s impossible to know what a particular case is worth. Having this information still makes it difficult to estimate a case’s value because of unknown factors, such as an at-fault party’s tolerance for legal risk or whether a potential jury pool is more plaintiff or defendant leaning. Below are other factors that can dictate how much a skateboard accident victim can recover:
- Severity of the injuries
- Whether the injuries are permanent or if a full recovery is possible
- How much fault the accident victim had in causing their damages
- The accident victim’s future earning potential at the time of the accident.
- Whether the injuries resulted in missed time at work
- The psychological and emotional harm endured as a result of the accident.
- How egregious or reprehensible the responsible party’s conduct was when causing the accident.
Get in Touch With a Tulare Skateboard Injury Attorney
Getting hurt while riding a skateboard in Tulare doesn’t have to mean accepting whatever an insurance company is willing to settle for. If you get hurt in a skateboard accident, you have legal options that can ensure you get the compensation you need and deserve.
The best way to figure out what your options are and what to expect during the insurance and legal process is to talk to a personal injury attorney, such as one from Maison Law. We offer free, no-obligation consultations where you can tell us about your case and we’ll explain what we think you should do next.
There’s no fee for this case evaluation, and you’re under no obligation to hire us after the consultation is complete. However, by hiring Maison Law, you’re dramatically increasing your chances of recovery. Don’t wait to get in touch, as there could be upcoming deadlines that can limit your recovery if you don’t act quickly.
Skateboard Injury FAQs
What does “duty of care” have to do with recovery after a skateboard accident?
Property owners and users of California roads have a duty to act safely and reasonably around others. This includes fixing potential hazards and warning others about the presence of foreseeable hazards.
If I file a lawsuit for my skateboard injuries, will I have to go to trial?
Probably not, as the vast majority of personal injury cases settle before trial. Despite this fact, it’s important to be ready to go to trial should settlement talks break down.
What’s the deadline for filing a skateboard personal injury lawsuit?
Absent special circumstances, you’ll have two years from the date of the skateboard accident to file a personal injury lawsuit. If your lawsuit involves the state or local government, you might just have six months.
