Protecting the Rights of Fatal Skateboard Accident Victims

How Lawsuits Can Help Victims of Common or Even Fatal Skateboard Accidents

Skateboarding is a favorite sport for many Californians. It’s even a popular mode of transportation. Unfortunately, skateboarding accidents and injuries are common in Orange County, California. 

Pedestrians, including skateboarders, make up nearly half of the fatalities in traffic collisions, although they are involved in only 14% of total accidents. This number is even more alarming since it involves mostly younger individuals. 

To put this number into perspective, in 2017 alone over 98,000 people were treated in hospital emergency rooms for skateboarding injuries, according to the National Safety Council. 

It’s important that skateboarding accident victims know their rights when they or a loved one have been in a skateboarding accident. This article explains some of the most common skateboarding accidents, and when it’s best to work with a skateboard accident and injury attorney. 

Before determining when it’s best to hire an attorney, and when someone is entitled to monetary compensation for a skateboarding accident, it’s important to understand some common skateboarding injuries. 

 

Common Injuries Suffered By Skateboarding Accident Victims

Skateboarders often experience small injuries such as bruises or cuts, but more serious accidents are also unfortunately common. 

Serious accidents that involve skateboarders typically result in severe or fatal injuries. Skateboarders are at a major disadvantage when they come into contact with unsafe surfaces, defective equipment, a car, or a truck—especially if that vehicle is moving at a fast speed. 

The truth of the matter is that a skateboarder, or any other pedestrian, does not have any major protection from the forceful impact of a vehicle or a dangerous fall. This can result in serious injuries.

Common injuries suffered by skateboard accident victims in Southern California include:

• Fractures and broken bones
• Back and neck injuries 
• Spinal cord injuries 
• Head Injuries, such as traumatic brain injuries (or TBI)
• Internal organ injuries 
• Loss of a limb or amputation 

 

Common Causes of Skateboarding Accidents 

Safety is a big concern for many skateboarders. Unfortunately, even when a skateboarder is doing their best to ride safely, accidents can still happen due to events outside their control. 

Below are the most common causes of skateboarding accidents we’ve seen in our time defending the rights of skateboard accident victims. 

Negligent Drivers

Motor vehicles are one of the most dangerous causes of skateboarding accidents. 

When someone is driving while intoxicated or under the influence of drugs, also known as a DUI, their ability to drive is severely impaired. It’s highly likely they will cause an accident. In some cases accidents caused by intoxicated drivers involve skateboarders. 

But there’s more to negligent driving than driving under the influence. Drivers who are inattentive or speeding can also easily cause accidents with skateboarders. Any situation that involves a vehicle driving on the sidewalk, or someone losing control of the vehicle, could also potentially cause a fatal accident for a skateboarder. 

Skate Parks

Injuries in skate parks are very common. But there are certain kinds of injuries that the owners of the skate park are responsible for preventing. 

Owners of skate parks are responsible for ensuring that the surfaces and areas intended for skateboarders are safe. When a skate park is poorly maintained, this could result in environments and surfaces that are defective and dangerous.  

Failure to repair or maintain the surfaces intended for skating can result in injuries if the structures are used. 

Poorly Maintained Roads or Sidewalks

Skateboards are very low to the ground. They require a lot of balance to ride, as opposed to other modes of transportation like bikes. This makes them more vulnerable to cracks or bumps on the ground they’re riding on. 

Poorly maintained roads with potholes or sidewalks with large cracks are common causes of skateboarding accidents. 

Defective Equipment 

If a skateboarder’s equipment fails to work properly due to factory defects it can result in an injury. There are many small parts that go into the construction of a skateboard. If one of these parts is defective and causes a skateboarder to fall or lose control while riding it can easily cause an injury. 

Skateboarding equipment can also include accessories like helmets. If a skateboarder’s helmet fails to protect them during an accident, due to factory defects, this can also cause injuries. 

 

Who is Liable for Injuries Caused by Skateboarding Accidents?  

Skateboarders are liable for their own injuries in some situations. However many skateboarding injuries are caused by the negligence of others. 

The same laws that apply to pedestrians when they are traveling on sidewalks or in crosswalks also protect skateboarders who enjoy skateboarding on the streets of Southern California. 

Liability needs to be determined on a case by case basis. Depending on the situation a negligent driver may be liable, the owner of a skatepark, a government agency charged with maintaining sidewalks, or possibly a company responsible for making defective skateboard equipment.

It can be a complex process to understand who is liable for a particular skateboarding accident. Skateboarding is an inherently dangerous activity if done recklessly, but there are still many situations where the skateboarder is not liable for their accident. 

Consulting with a professional attorney is the best way to determine who is liable in a particular situation, and understand a skateboarding accident victim’s rights. 

If the victim of the skateboarding accident is not liable for their injuries, then they may be entitled to monetary compensation. The amount they are entitled to is determined by a few different factors such as: 

• Medical expenses for treating the injuries 
• Any pain and suffering experienced for the accident
• Any loss of income due to the injuries or loss of a loved one  

An experienced attorney can look at the various factors of a particular case to advise what a fair amount of compensation would be. 

 

What to do After a Fatal Accident Involving a Skateboarder

When you experience the untimely loss of a loved one, you will no doubt face incredible challenges. Your family’s well-being should be your number one priority. You need time to grieve and to support your loved ones during the tragic aftermath. However, as hard as it may be, you also need to protect yourself and your family’s legal rights.

California’s statute of limitations limits the amount of time you have to pursue a wrongful death claim. This means that you only have a certain time period during which you can seek compensation for the tragic loss of your loved one in a skateboarding accident. 

In most cases, the statute of limitations is two years from the date of the accident. However, this time frame may be shortened to only six months if the wrongdoer was a government agency. As such, it is important to immediately consult with an experienced Irvine skateboarding accident attorney to protect your legal rights in pursuing a wrongful death claim.

 

Consult with a Skateboard Accident Attorney in Irvine 

If you or a loved one has been injured in a skateboarding accident caused by negligent motorists, or the negligence of others, you may be entitled to monetary compensation. Consulting with an experienced accident attorney is the best way to understand your rights and what you’re entitled to. The experienced Irvine personal injury lawyers at the Law Offices of Samer Habbas & Associates have a track record of helping skateboard accident victims in Orange County, California. 

For more information or to schedule a free consultation with an experienced Irvine skateboard accident attorney, call today at 949-727-9300.