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| Skateboarding Law (490 Posts)
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Skateboard vs Truck
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On 4/26/2005
Pat Chewning
wrote in from
United States
(67.189.nnn.nnn)
Dan M.
I'm very sorry to hear about your son's accident, but I'm happy to hear that he is recovering well and the prognosis is for a full and complete recovery. That had to be very scary for your whole family.
I'm glad to see that your attitude is that you are already a "winner" due to your son's expected full recovery. As I'm sure you are aware, there are many ways this could have been much worse.
Before I give some opions about your questions, be aware that I am not a lawyer, and any legal advice should really come from a lawyer. There are lots of complications possible in this case, as there are potentially several parties who could be involved (You, your son, the driver, several insurance companies -- health, automobile, homeowner.)
Here's some thoughts in no particular order:
1) If I were you, I would look first to file claims with several of the insurance companies involved. In order of preference, these would be: Your health insurance, your automobile insurance, your homeowner's insurance, the driver's auto insurance, the driver's homeowner insurance. (Some may not apply)
2) You seem to want to jump to "step 10" (suing the driver) before exhausting the much easier and more satisfying steps of receiving a payment from an insurance company.
3) Even if you do file a claim, the paying insurance company may choose to sue the driver. It's better if you leave that to an insurance company and not take it on by yourself.
4) I'm assuming that your motivation is primarily to get the $25K medical bill paid, and not retribution against the driver or seeking to be paid "pain and suffering" or punitive damages, or whatever to get more than the $25K.
5) Here's an incredibly good opportunity for you to involve your son in some of the process of figuring out what is the right way to pay his $25K hospital bill. I encourage you to involve him in researching your insurance policies, filling out claim forms, determining "fair" proportions of who should pay (including him). He should see how the result of his action is affecting other people.
6) I'm curious about the statement "no citations issued by the police that were directly related to this accident." That sounds like lawyer speak. Were there ANY citations issued?
7) I couldn't perform a search on San Antonio Municpal Codes because SA has chosen to publish their laws using a firm that requires a subscription to search the law.
8) I would focus on getting ANY insurance company to pay the bills -- and not worry about whether it is yours or the other guys.
9) If you have health insurance for your son, it should pay the bulk of the bill regardless of "fault". I sure hope your son has this insurance.
10) If the insurance companies deny your claims, there are usually processes you can go through to have them appealed. If you get to that step, you should look at those processes.
11) I would view suing someone as your LAST resort for several reasons:
a) It consumes huge amounts of energy, money, and time which you presumably need to help your son recover.
b) It mostly benefits the lawyers
c) It could potentially damage the public's perception of skateboarders.
d) If you haven't been successful in getting a claim from an insurance company (from the driver), then that means that he probably doesn't have assets to pay any judgement you might win in a suit.
e) I just disagree that there must always be "fault" and that there is no such thing as an unfortunate accident that hurt an innocent person. It happens, that's life.
f) Judging from what you wrote (which is 1/2 of the story at best), your son is arguably 50% or more at "fault" for the accident -- or at least a good lawyer for the driver could make such an argument.
12) A suit is going to get really complicated. You are likely to have to prove that the injuries came from the truck and not the skateboard fall, and that the driver is more than 50% responsible for inflicting the injuries. That could be a big hurdle.
Anyway, there's some thoughts. Please keep us informed about how this goes. I wish your son a speedy full recovery, and I hope that you can minimize how much of the medical bill you personally have to pay.
One other thing. If, in the end, you don't get any insurance money or judgement from the driver, you should be able to plead your case to the medical providers and get some reduction of fees and/or a reasonable payment plan for the bills.
Good Luck,
-- Pat
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dog
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On 4/23/2005 jesse
wrote in from
United States
(69.208.nnn.nnn)
dude richated skateboarding laws are wrong were not hurting anyone or anything so yeah!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!
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Skatebord vs Truck
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On 4/23/2005
Dan M
wrote in from
United States
(69.153.nnn.nnn)
We live in San Antonio Texas. My son (16 yrs.old) was skateboarding in the street along the curb of a sidewalk going against traffic. The roadway involved is considered a secondary street with numerous intersecting side streets in a fairly large residential sub-division. As my son approched an intersection he noticed a truck stoped at a stop sign. My son at a point @ 15' from the intersection, attempted to ride the board up a hadicapped ramp onto the sidewalk. He lost his balance an fell to the street. Both the front and rear passenger wheels of the truck ran over my son. My son spent 4 days in the ICU at a local hospital before being released. Fortunately, he was not seriously injured and appears to have made a full recovery from his injuries. Medical bills are approaching $25,000. The accident occurred in the evening and the conditions at the time were clear, dry and dark. The intersection is well lit. The vehicle driver states that he stopped at the stop sign and made a right turn. He claims that he did not see my son or the other 4 skateboarders who were nearby, before making his turn. There were no citations issued by the police that were directly related to this accident.It is my understanding that Texas is a comparative negligence state. My son would only be able to recover a bodily injury settlement if the vehicle driver is determined to be at minimum 50% at fault for this accident. We have yet to receive a liability assessment from the vehicle driver's auto liability carrier or my auto insurer under our uninsured/underinsured motorist coverage. Based on the facts as I have presented, would anyone care to comment on my son's legal position in this matter. Any comments would be greatly appreciated. Regardless of the legal outcome, I know that we are alredy "winners" in this case based on my son's apparent full and speedy recovery.
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Thanks
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On 4/1/2005 Westin
wrote in from
United States
(208.45.nnn.nnn)
Ok... I gotcha. Thanks for your help, at leat now I can defend myself to some extent the next time I get hassled.
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Roseville Law
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On 4/1/2005
Pat Chewning
wrote in from
United States
(15.252.nnn.nnn)
Westin:
The way I read the law is this:
1) You are allowed to ride anywhere if you have permission.
2) You are not allowed to ride on public roads or publicly-accessible private property (e.g. Supermarket parking lots) if a sign is posted.
3) You are not allowed to ride on the property of a private residence (e.g. someone's driveway) without their permission (whether a sign is posted or not).
You don't want to confuse a RESIDENTIAL AREA (the public roads and sidwalks in a neighborhood) with a RESIDENTIAL PROPERTY (the actual homeowner's property).
-- Pat
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Roseville
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On 3/30/2005
Westin
wrote in from
United States
(69.4.nnn.nnn)
So I checked out roseville's laws and this is kinda tricky, everything was the same as the Placer Co. laws except for this:
B. It shall be unlawful to ride or propel any skateboard, roller skate or in line skate upon or across any privately owned property without the consent of the owner.
C. Paragraph B of this section shall not be enforceable unless the private property owner posts a sign that prohibits the conduct and references this section, provided, however that posting of a sign is not required for this section to apply to residential property.
So, lets me get this straight. It's ok to ride in say, a parking lot, as long as it's not posted... but in ANY residential area it is illegal EVEN if there is no post? D***... skateboarding is not a crime! heheh
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Placer Co.
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On 3/30/2005
Westin
wrote in from
United States
(69.4.nnn.nnn)
I live in Granite Bay, but I skate in Rocklin, Roseville, Auburn, etc... I guess if I really want to be legally prepared I should read up on all the laws in my local skate spots. I'll get back to you guys with my findings...
appreciate the help
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Placer County
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On 3/30/2005 Pat Chewning
wrote in from
United States
(15.252.nnn.nnn)
Westin,
What city do you live in? There might be a City law that is more restrictive than this Placer County law.
-- Pat
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Placer County
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On 3/30/2005 Pat Chewning
wrote in from
United States
(15.252.nnn.nnn)
My interpretation of the law (I am not a lawyer) is that you are NOT in violation if you do not interfere with pedestrians or vehicular traffic.
This is what I would consider a good skateboarding law because:
1) It makes a distinction between public and private property.
2) It only prohibits the activity on publicly-accessible property if the property owner posts a sign.
3) It does not prohibit you from using roads and sidewalks, as long as you do so without interfering with other traffic.
4) It would appear that you could endanger yourself all you want, as long as you don't interfere with other traffic.
5) You actually have to interfere with traffic, not just the POTENTIAL for traffic.
Here's the whole law:
9.12.030 Skateboards, roller skates and in-line skates.
A. It is unlawful to ride or propel any skateboard, roller skate, in-line skate or any similar device upon any sidewalk or street in the county so as to interfere with pedestrian or vehicular traffic.
B. It is unlawful to ride or propel any skateboard, roller skate, in-line skate or any similar device upon any private property in the county without consent of the owner:
1. Where the private property owner posts a sign which prohibits such conduct and references this section; or
2. Where the private property is residential property.
C. It is unlawful to ride or propel any skateboard, roller skate, in-line skate or any similar device upon any public property in the county if the property owner posts a sign which prohibits such conduct and references this section.
D. Violation of this section shall be an infraction as a first offense, punishable by a fine of up to one hundred dollars ($100.00). Second and subsequent offenses shall be subject to a penalty as defined in Article 1.24. (Prior code § 12.21).
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Placer County, CA
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On 3/29/2005
Westin
wrote in from
United States
(69.4.nnn.nnn)
I was recently stopped by a Sheriff in my home town (in Placer County, CA... near Sacramento) and the cop told me it was illegal to ride a skateboard on ANY public road or sidewalk and to read my county's codes if I wanted to argue. So needless to say I shut up and he let me walk with my board in hand... *whew*. So anyways... I came home and read up on my county's codes... and they state the following:
"9.12.030 Skateboards, roller skates and in-line skates.
A. It is unlawful to ride or propel any skateboard, roller skate, in-line skate or any similar device upon any sidewalk or street in the county so as to interfere with pedestrian or vehicular traffic."
Now does this mean I CAN legally ride as long as I don't interfere with pedestrian or vehicular traffic? I'm curious as to why they added the "so as to interfere" clause, it just gives me a loop hole to argue if I went to court.
How do you guys interperate this law?
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Research Help
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On 3/29/2005 Sketchmaster
wrote in from
United States
(4.22.nnn.nnn)
Seth: What you're being required to write is not a research paper. Research is done to determine why things are certain ways. What you're writing is an advocacy. If your instructor doesn't understand the difference then the school should keep shopping for instructors. So far you've been too vague for anyone to truly assist you. Develop an initial outline and then ask for help.
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dui
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On 3/5/2005 AenGhooste
wrote in from
United Kingdom
(193.113.nnn.nnn)
You can be drunk in charge of a horse or bicycle in england, no skateboard as of yet. Will Rodell, contest it dude, act within the law in everything else, even to the point of usin skateboard on the road with helmet (an lights at night) and if they stop you, take them to court. They cant make a by-law like that stand, its just that no one questions them. or so I think... =)
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whack laws
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On 3/3/2005 mike p
wrote in from
United States
(69.107.nnn.nnn)
my ticket wasn't for speeding, it was for "skateboard violation." It was actually illegal to even stand on a board, just like Will was saying. What is the world coming too? At least I went above and beyond in my violation of the law...
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DUI
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On 3/3/2005 Scotti
wrote in from
United States
(64.136.nnn.nnn)
I know you can get a D.U.I. while skatin, kinda crazy.
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kendal / englands sk8 laws
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On 3/3/2005
will rodell
wrote in from
United Kingdom
(212.219.nnn.nnn)
back hear in england in a small north west town called Kendal the councal set up bilaws prohibiting anyone from even standing on a skateboard in a public place. i have had my name taken by the polece for simply cruuzin to my friends house. it sucks ha!
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45 in a 25
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On 3/2/2005 Mike P
wrote in from
United States
(69.107.nnn.nnn)
Me too.
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response
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On 2/26/2005
ryan
wrote in from
United States
(68.98.nnn.nnn)
I got pulled over for going over the speed limit, 45 in a 25.
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laws
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On 2/14/2005 walter
wrote in from
United States
(24.147.nnn.nnn)
I am doing a project on skateboarding. one part of the project is on laws. i need help any help would be good
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Thanks!
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On 2/11/2005 seth
wrote in from
United States
(69.140.nnn.nnn)
thanks a lot! ill check it out
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RE: research help!
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On 2/10/2005
Jack in Aurora
wrote in from
United States
(192.35.nnn.nnn)
Go to www.ask.com and just type in the question, "Why is skateboarding illegal in public places?" You'll be surprised by the slew of information you get back. Good luck on your paper.
Cheers,
Jack in Aurora
Skate liber vel moritus!
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research help!
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On 2/10/2005
Seth
wrote in from
United States
(205.222.nnn.nnn)
This is either going to suck or going to be cool. i dont know yet. either way, i would love any help you guys can offer. I have to do a research paper on WHY SKATEBOARDING IN PUBLIC SHOUD BE ILLEGAL
Any articles or websites pertaining to either side would be helpful... THANKS
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not encouraging
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On 2/1/2005 mike
wrote in from
United States
(68.5.nnn.nnn)
10.82.010 Skateboards and Skates.
A. It is unlawful for any person to skate or to ride or propel a skateboard in a public roadway.
B. It is unlawful to skate or to ride or propel a skateboard in a business district.
C. Any person skating or riding or propelling a skateboard upon any sidewalk shall exercise due care and shall yield the right-of-way to all pedestrians. (Ord. 19-82)
not very encouraging but it is "orange" the city not the county so i dont know thanks for the help
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Skater fined
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On 2/1/2005
Rich C
wrote in from
United Kingdom
(217.32.nnn.nnn)
http://www.manchesteronline.co.uk/news/s/144/144179_skater_fined_in_city_crackdown.html
Not a happy story, but the comments people have left regarding the article are encouraging...
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municipal codes
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On 1/31/2005
Shane
wrote in from
United States
(198.104.nnn.nnn)
http://www.bpcnet.com/#CA
this should help.
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irvine/orange county
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On 1/30/2005 mike
wrote in from
United States
(68.5.nnn.nnn)
would any one happen to have a link or knowlage about any laws int the orange county or irvien california regions havent been cited or any thing just want to have something that tells the cops wat the law says so i dont get busted thanks
mike
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