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In CA, friend was struck by a car as he (pedestrian) skateboarded thru cross-walk. Will he be partly to blame since not walking?

Los Angeles, CA |

He is looking for an attorney and we were reading up on the issue. Let's just say that he was legal to cross the street, but did so on his skate board. He was then struck by a car. The car is definitely at fault, but my question is, does the fact that he was riding a skateboard change the % of fault at all in California?

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Attorney answers 7


Your question is a very complex issue, and without all the facts, its very difficult to give a straight answer. What your friend needs to do is contact a Personal injury attorney to further evaluate your claim. My firm has handled many complex pedestrian/cross walk accidents. Many firms, including my own, offer free case consultations. I'm happy to speak to you or your friend about your rights. Feel free to call me - 888-717-8383

Under no Circumstances are the comments made on this message board meant to be legal advice or constitute an attorney-client relationship. For legal advice, seek help from a licensed attorney in your jurisdiction.


California is a comparative negligence state. This means that there may be some portion of fault attributed to your friend but, this certainly doesn't mean that he is not entitled to make a claim and receive an award from the driver. Your friend should retain an attorney immediately prior to making any statements to any insurance representatives for the driver to protect his claims. Our office routinely handles crosswalk accident claims and would be glad to consult with your friend further about this. (Glotzer & Sweat, LLP - Toll Free #866-229-0101 or
(310) 623-3771).

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


He could be partially at fault if, for instance, he was not wearing protective head gear which contributed to his injuries. Sometimes there are city codes which prohibit the use of skateboards in certain areas. (we actually managed to prevail on a case which was initially denied because our client was skateboarding in a prohibited area). Was there a police report? Every case is different, so it's hard to give a definitive answer based on the limited information I have about your friend's case. If you'd like to go into more detail, feel free to contact our office 877-722-8074 ext. 1. All the best.

This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.


California is a comparative negligence state. That means that if you friend contributed to a certain degree to his accident the jury will be given an instruction to determine his percentage of fault if any. I highly doubt that his will get to trial , specially since he was hit at a crosswalk. The liability is strong on his side. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


There are many factors that would need to me considered. For example, did he "dart" into the crosswalk or was he visible and should the car had seen that he was approaching the crosswalk? These are just a few of the factors that an attorney would review and consider. As others have advised, contact a qualified personal injury attorney to review the matter.


Without reviewing the details of the case i.e. whether or not the car was speeding, whether he was allowed to be in the intersection etc., it is difficult for me to evaluate his case. I would recommend that he seeks legal counsel to understand his rights when trying to receive compensation. I have practiced personal injury law for over 20 years and have advocated for my clients to give them the best possible compensation. I hope that I can be of greater service to your friend with regards to his getting better.

Scott J Corwin
(310) 207-4030


Could be a good case. I recommend that your friend take photos of any scrapes, bruises, or marks that he has. It is also a good idea to take photos of the intersection. If he has an injury, your friend will be better served by hiring a lawyer. Most lawyers in this field will offer a free consultation. Good luck.

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