18-year-old Hockey Player Killed in Vehicle vs. Skateboard Accident
We might not think of skateboarding as particularly dangerous, but it can be. In January, an 18-year-old skateboarder and high school hockey player was killed in a vehicle vs. skateboard accident. The victim was riding his skateboard along Cantiague Lane one afternoon, near Robbins Lane, in Nassau County. A 19-year-old driver in a Honda Pilot struck the victim. He went to the hospital, where he was deemed in critical condition, and died the next day.
The accident is a reminder for skateboarders to take precautions and wear safety equipment whenever possible. Although skateboards are a fun recreational tool, unprepared skateboarders be at risk for similar accidents. Here’s what you need to know about holding the other parties responsible.
Proving negligence in a car accident claim
Whether you’re a skateboarder, bicyclist, pedestrian or otherwise sharing the road, all parties are expected to follow the rules of the road. Accident claims are typically litigated on the basis of negligence: the defendant had a duty to avoid causing harm to others, they breached that duty and as a result, the plaintiff suffered actual harm. Plaintiffs must prove all of these elements to recover compensation for their injuries.
Typically, in a skateboard vs. vehicle claim, insurance companies and juries will consider who was at fault—and because New York is a comparative negligence state, a plaintiff’s own negligence (such as not wearing appropriate protective gear or failing to follow the rules of the road) may not be a complete bar to recovery. Courts will consider which percentage of fault the plaintiff holds, then reduce their award accordingly.
Everyone should take precautions when sharing the road. However, you don’t need to shoulder the expense and blame on your own. Talking to a personal injury attorney will help you understand your legal options and take appropriate actions.
For more information about skateboard vs. vehicle accidents, call the knowledgeable personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.