Hit by a Skateboarder: Legal Steps You Can Take
Hit by a skateboarder? First, move to safety and get medical help. This article outlines what to do next and your legal options.
Key Takeaways
- After a skateboard accident, prioritize safety, seek immediate medical attention, and gather evidence including the skateboarder’s details and witness information.
- Proving negligence involves demonstrating the skateboarder’s duty of care and how their breach caused your injuries; consulting a personal injury attorney can strengthen your case.
- Wearing helmets and protective gear significantly reduces the risk of serious injuries during skateboarding, highlighting the importance of safety in the sport.
Immediate Actions After Being Hit by a Skateboarder
Upon experiencing a skateboard accident, your immediate step should be to extricate yourself from any potential dangers, such as oncoming traffic. After ensuring your safety, it is vital to promptly contact emergency services for both urgent medical care and formal documentation of the event. This official record may prove essential in pursuing any subsequent legal claims or proceedings.
At the accident scene, make an effort to compile pertinent details including the identity and contact information of those involved with skateboarding along with that of any witnesses present. Securing witness statements from these individuals can lend significant support to your case moving forward. If feasible, capture images at the location of a mishap encompassing snapshots of sustained injuries and damage inflicted upon personal property – such visual proof is instrumental in reinforcing your claim.
Regardless if the wounds seem minor initially. Obtaining a swift professional medical evaluation remains crucial. Certain conditions like concussions or internal injuries might go unnoticed initially yet could result in grave health issues without treatment. Prompt action not only prioritizes your well-being but also ensures comprehensive documentation which serves as critical evidence should you engage in future legal endeavors related to this incident involving a skateboard injury.
Legal Grounds for Suing a Skateboarder
In order to successfully seek justice and financial recompense, it’s crucial to comprehend the legal basis for initiating a lawsuit against a skateboarder. Establishing negligence involves proving that the skateboarder had an obligation to act with care towards you, failed in this duty and that their failure was directly responsible for causing your injuries. For example, one would expect a sensible skateboarder to behave in ways that lower the chance of harming others.
Performing hazardous tricks in areas filled with people or flouting safety guidelines typically constitutes a violation of this responsibility and can lead swiftly to accidents as well as personal harm. Such behavior may render the skateboarder financially responsible for resulting damages. The recoverable losses might encompass health-related costs, lost earnings due to inability to work, along with other expenses related directly to your injury. Should you sustain an injury from a skateboarder’s careless actions, you might be eligible for restitution both for your physical pain and any monetary difficulties incurred.
Although navigating through these legal matters is often complex—grasping these foundational concepts aids in assessing if there are grounds for asserting a case—it’s beneficial when going forward to engage with an attorney specializing in personal injuries who, along with their legal team, can elucidate upon those points while helping assemble substantial evidence supporting your claim. This is particularly important when dealing with the insurance company, as they often aim to minimize their liability and offer lower settlements.
Common Injuries Sustained in Skateboard Accidents
Prior to an accident: A skateboard incident can lead to various levels of harm, with some outcomes being particularly grave. Notably, if a helmet wasn’t used by the skateboarder or individual involved in the mishap, there’s a high possibility of concussions and cerebral damage. Injuries involving the head may become quite critical as they hold a risk for broken skulls and serious brain injuries.
Such incidents connected with skateboards are capable of producing injuries that include:
- Concussions
- Cerebral trauma
- Cranium fractures
- Grave brain injury
These afflictions might be extremely grievous, notably when helmets were absent during the event leading up to sustaining severe bodily harm.
Fractures and broken bones are rather frequent following these episodes, especially those affecting wrists, ankles, and arms due primarily to fall patterns and collision forces encountered while skateboarding. Incidences such as contusions, abrasions, sprains, plus ligament stretches particularly around ankle regions commonly arise. Even injuries deemed less significant like scrapes & bruises carry risks for additional problems if left unattended.
Hospital emergency facilities on average manage approximately 176 individuals each day who have experienced events relating specifically to their engagement with skateboards. This data prominently features young people. This information amplifies how crucial it is that medical attention is sought promptly after any instance where someone has been affected by skating activities since appearing negligible at first glance wounds could potentially unfold into something more detrimental. Getting timely healthcare assistance also aids in curtailing complications hence facilitating faster recuperation processes.
Proving Negligence in Skateboard Accidents
Demonstrating that the skateboarder is responsible for your injuries and the actions that led to the incident is key in establishing negligence following a skateboard accident. It’s vital to compile evidence at the site of the mishap. Capturing images of your injuries, environmental conditions, and any personal property damage serves as a concrete pictorial testimony bolstering your claim.
Securing statements from witnesses stands as another pivotal factor when proving neglectfulness. Objective descriptions from observers who witnessed the event can lend credibility to your narrative and aid in affirming the liability of the skateboarder. A personal injury attorney will be instrumental in acquiring these testimonies while ensuring that all pertinent evidence is meticulously gathered and maintained.
A comprehensive probe coupled with an effective legal approach is indispensable for illustrating fault and cause within any lawsuit concerning pedestrian harm caused by such accidents. Engaging with an adept personal injury lawyer can navigate you through this intricate process, enhancing prospects for reaching a favorable verdict or settlement.
Importance of Wearing Helmets and Protective Gear
There has traditionally been a tendency within the skateboarding community to downplay the importance of helmet usage, sparking discussions about whether they are essential. There’s an emerging recognition among skateboarders regarding the significance of helmets and other protective attire for their well-being. This change in mindset is pivotal because previously ignoring safety gear has corresponded with a rise in skateboarding-related injuries.
Equipping oneself with appropriate safety equipment such as helmets, knee pads, and wrist guards is key to averting severe harm when engaging in skateboarding pursuits. Helmets notably diminish the risk of traumatic brain injuries, which rank among the most dire outcomes from skateboard mishaps. Wrist guards and knee pads offer protection against breaks and strains that can occur during falls or collisions on a board—enhancing overall security for all participants.
The promotion of wearing safety gear not only safeguards individuals but also cultivates responsible behavior and awareness across the skating community. Adopting helmets along with other forms of bodily protection serves as an exemplary practice that influences others positively while simultaneously curbing instances related to injuries incurred through accidents while skateboarding.
Consulting a Personal Injury Attorney
If you’ve sustained severe injuries from a skateboard accident, it’s imperative to seek the counsel of a personal injury attorney. Such an attorney will be equipped to clarify your legal rights and examine potential avenues for securing compensation. They’ll assess how strong your claim is and assist you in navigating the complexities of the legal system.
Engaging with a personal injury lawyer can significantly enhance the likelihood of obtaining substantial remuneration for both injuries incurred and property damage suffered. This encompasses dealing with insurance firms that typically strive to reduce settlement amounts. Having legal representation ensures someone is advocating for your best interests, helping secure equitable recompense for the pain endured, medical costs accrued, and any damages pertaining to the property.
Should there be any uncertainties about what steps to take legally after an accident involving a skateboard, numerous personal injury lawyers offer a free consultation. Reaching out to such attorneys provides clarity and support as they evaluate your situation preliminarily at no charge—aiding you in making well-informed choices concerning advancing with your claim for compensation due to injuries or suffering experienced.
Contact 1-800-THE-LAW2 today for a free legal consultation with a personal injury attorney in our professional network.
Dealing with Insurance Companies
Navigating the aftermath of a skateboard accident can be overwhelming, especially when interacting with insurance firms. It’s essential to initiate the process by filing a police report and establishing an official account of what occurred. This document becomes critical in any subsequent legal or insurance proceedings.
Avoid discussions with insurance adjusters until you’ve first spoken to an attorney. That’s because insurers are NOT your allies — they make more profit when they can reject your claims or underpay you, and so insurance adjusters are trying to observe sensitive disclosures you make during discussions that they can use against you! Seek guidance from your personal injury attorney before releasing any statements to safeguard your interests. An attorney will generally speak to insurance on your behalf, typically giving you a stronger point of leverage against the insurer to secure a more favorable settlement.
Submitting a well-prepared settlement demand package might improve prospects for securing an advantageous resolution. Enlisting the support of your attorney enables more effective handling through these intricate conversations ensuring rightful recompense is obtained.
How Compensation is Calculated in Skateboard Accident Claims
In the event of a skateboard accident, compensation is often determined by special damages. This includes quantifiable economic losses like medical bills and lost income due to time off work as a result of your injuries. Such precise calculations help illustrate the financial burden that has resulted from your injuries, ensuring these costs are accounted for in your claim.
Special damages not only encompass medical costs and missing wages but also extend to property damage incurred during the incident. For instance, if electronic devices like cellphones or tablets were damaged when you had the skateboard accident, these should be factored into the claim as well. It’s essential to meticulously record all monetary setbacks to guarantee that any settlement awarded aptly corresponds with the true scale of economic distress caused by this unfortunate event.
Time Limits for Filing a Claim
Acting swiftly is crucial when pursuing a claim for injuries incurred during a skateboard accident. In California, you typically have a two-year window from the accident date to initiate a personal injury lawsuit.
Nevertheless, this timeframe can be significantly shorter, at just six months, if your case involves filing against a government entity. It’s important to file claims promptly within these specified deadlines to safeguard your legal entitlements.
Seeking advice from an experienced personal injury attorney shortly after experiencing the skateboard mishap can assist in the timely submission of all required documentation.
Summary
The proper actions to undertake after an incident where you are struck by a skateboarder is crucial for safeguarding your well-being, legal entitlements, and prospective reparation. Prompt measures at the location of the mishap as well as engaging with a personal injury attorney are essential components in adeptly managing the consequences of a skateboard accident.
It’s imperative to place immediate emphasis on your health while also securing all pertinent details and proof related to the event. Accomplishing this enables you to fortify your case robustly in pursuit of rightful justice and indemnity. Maintain awareness, take initiative, and do not waver from obtaining expert legal counsel to assist through these difficult circumstances.
Frequently Asked Questions
What to do if a skateboarder hits your car?
Should a collision occur where a skateboarder strikes your vehicle, immediately dial 911 to request medical help and make certain that a police report is recorded. Collisions between skateboards and motor vehicles can result in severe injuries due to the disparity in size and speed.
It’s also crucial to compile all pertinent information such as the injuries sustained by the skateboarder and details of the car involved, in order to provide an extensive record of what transpired.
What happened to skateboarder Jeff Phillips?
Jeff Phillips, a skateboarder, ended his life on December 25, 1993. An autopsy later found that he had alcohol and Valium in his body when he passed away.
The death of Jeff Phillips has profoundly affected the lives of those who were close to him.
What is the most common injury in skateboarding?
The most common injury in skateboarding is fractures, particularly to the forearm, ankle, elbow, wrist, and skull.
Traumatic brain injuries are also prevalent, underscoring the importance of protective gear.
What should I do immediately after being hit by a skateboarder?
Immediately move to a safe area and call emergency services. It’s essential to gather information from the skateboarder and witnesses while seeking medical attention if needed, especially if you suffer injuries.
Can I sue a skateboarder for my injuries?
You can sue a skateboarder for your injuries if you can prove their negligence was directly responsible for causing your harm.
Establishing this connection is crucial for pursuing compensation.
