It is important to know that Southern California skateboarders have rights regarding injuries from motor vehicle accidents. These accidents are almost always the responsibility of the driver. Many communities complain about skateboarders, and some even create laws or post signs to prevent them from skateboarding in specific public areas. However, California’s beautiful weather and the joy of riding a skateboard are no match for a sign. Many Californian’s therefore mistakenly believe the driver of the car is held harmless if a skateboarder is injured in an accident while doing something which is against city ordinance or the right of way .
I can tell you from more than 40 years of experience in skateboard injury cases this is not the truth. In fact, the driver of a vehicle that injures a skateboard is almost presumed to be liable, unless the driver can prove beyond a shadow of a doubt that the skateboarder broke the law, was not able to be seen, and the driver had absolutely no opportunity to avoid them. Even in these scenarios, juries do not like to send the family of an injured child home empty handed.
We recently had a case where a young skateboarder was riding down the center line of a residential street when he was struck and injured by a car. Ultimately, the question to the driver of the car became “well, if he was riding on the center line, why didn’t you just stay in your lane and miss him?”
California skateboarders have rights regarding injuries from motor vehicle accidents and we have won many of these personal injury cases. Skateboarders and pedestrians will almost always be given the benefit of the doubt, and a portion of presumed liability will almost always fall upon the driver of a vehicle who hits and injures them. If you or someone you love has been injured while riding a skateboard I invite you to contact me or call to speak with me personally for a free and substantive consultation at (949) 305-1400. It won’t cost you anything out of pocket as I work on a contingency fee basis. It also doesn’t matter if you were doing something against the rules. If you were struck as a pedestrian or on a skateboard and injured, we can help.