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Understanding Safety Laws and Compensation in Skateboard-Related Pedestrian Accidents
Skateboarding in shared spaces comes with risks. Pedestrians and skateboarders can handle these situations more effectively by knowing Michigan’s safety laws, understanding how fault is determined, and being aware of compensation options. If you’ve been involved in a pedestrian accident with a skateboarder, consulting an experienced attorney ensures your rights are upheld and helps you pursue the compensation needed to recover from injuries.
What Are Michigan’s Skateboarding Laws?
In Michigan, skateboarding is subject to state laws and local ordinances. While the state does not have specific skateboarding laws, municipalities often enact ordinances to regulate it. Understanding these rules is important when determining liability in pedestrian accidents.
Where Can You Skateboard?
Local governments decide where skateboarding is permitted in the city. Many cities in Michigan allow skateboarding on sidewalks but prohibit it in business districts or on roads with heavy traffic. Violating ordinances can impact a skateboarder’s liability in an accident.
What Are Safety Equipment Requirements?
Michigan law does not require skateboarders to wear helmets, but many municipalities encourage their use. Helmets and other protective gear reduce injuries and demonstrate a skateboarder’s commitment to safety, which might influence the perception of fault in an accident.
What Are the Rules of Conduct?
Skateboarders are required to give pedestrians the right of way and take necessary precautions to prevent accidents. According to Michigan law, engaging in dangerous behavior, like performing tricks in busy areas or speeding downhill, can be seen as negligence. Additionally, this behavior may violate local regulations, which could increase liability in the event of a collision.
What Are Common Causes of Skateboard-Related Pedestrian Accidents?
Various factors may cause pedestrian accidents involving skateboarders. Skateboarders failing to give pedestrians the right of way can result in an accident. High-speed maneuvers or tricks performed in inappropriate areas might injure pedestrians. Skateboarders who use phones or wear headphones while skateboarding can cause accidents. Poor infrastructure, such as uneven sidewalks or inadequate signage creating hazards, can lead to skateboard-pedestrian accidents.
How is Fault Determined in Skateboard-Related Accidents?
In Michigan, liability in personal injury cases is determined based on negligence. For skateboard-related pedestrian accidents, several parties may bear responsibility.
The Skateboarder
If a skateboarder’s actions directly cause harm, such as colliding with a pedestrian while performing a trick in a crowded area, they will likely be found negligent.
The Pedestrian
Pedestrians are also expected to exercise reasonable care. If a pedestrian suddenly steps into a skateboarder’s path without looking, their actions might contribute to the accident. Michigan’s comparative negligence laws allow injured pedestrians to receive compensation even if they contributed to the accident, provided they are less than 50% at fault.
Property Owners
Accidents caused by hazardous conditions, such as poorly maintained sidewalks, could implicate property owners. Under Michigan premises liability laws, property owners must ensure their sidewalks are reasonably safe for public use.
What Compensation Is Available for Injuries?
Victims of skateboard-related pedestrian accidents in Michigan may pursue compensation for various damages. The types and amounts of compensation depend on the circumstances of the case.
Medical Expenses
Injuries from these accidents can range from minor scrapes to severe fractures or head trauma. Compensation may cover emergency care, hospital stays, surgeries, physical therapy, and ongoing medical treatments.
Lost Wages
Severe injuries might prevent victims from working temporarily or permanently. Compensation can address lost wages and diminished earning capacity resulting from the accident.
Pain and Suffering
Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, may also be recoverable. These damages are more subjective and require thorough documentation and legal argumentation.
Property Damage
If personal belongings, such as smartphones or glasses, are damaged during the accident, victims can seek compensation for replacement or repair expenses.
What Legal Steps Should Be Taken After an Accident?
Navigating the aftermath of a skateboard-related pedestrian accident can be overwhelming. Following these steps can protect your rights and strengthen your case.
- Seek Immediate Medical Attention: Prioritize your health by addressing injuries promptly. Medical records also serve as critical evidence.
- Document the Scene: Take pictures of the accident scene, injuries, and contributing hazards.
- Gather Witness Information: Obtain contact information from bystanders who can explain what happened.
- Report the Accident: Notify local authorities or file a report if required by local ordinances.
- Consult an Attorney: An experienced attorney can help you understand your rights, build a case, and negotiate with insurance companies.
When Should a Claim or Lawsuit Be Filed?
In Michigan, injured pedestrians can pursue compensation through several avenues. Depending on the circumstances, victims might file claims against the skateboarder’s homeowner’s or renter’s insurance or a property owner’s liability insurance. A personal injury lawsuit may be necessary when insurance settlements are inadequate or unavailable. Michigan imposes a three-year statute of limitations for personal injury claims, so acting promptly is crucial.
How Can Skateboard-Related Accidents Be Prevented?
Reducing the risk of accidents requires efforts from skateboarders, pedestrians, and local authorities. Skateboarders must follow local laws, use safety gear, and remain vigilant in crowded areas. Pedestrians can reduce accidents by staying aware of their surroundings and avoiding distractions like texting while walking. Municipalities may invest in skate parks, improve sidewalk maintenance, and install clear signage to separate pedestrian and skateboard traffic.
Sigal Law Firm Protects Your Rights After a Skateboard-Related Pedestrian Accident
If you’ve been injured in a pedestrian accident involving a skateboarder, you deserve justice and fair compensation. With decades of personal injury expertise in Michigan, Sigal Law Firm guides you through every step of the legal process. Our experienced attorneys fight for your rights so you can focus on healing. Contact us today at 248-671-6794 for a free consultation.
