Skateboarding accidents often result in serious injuries requiring medical treatment, lost wages, and long-term recovery. If another party’s negligence caused your accident, you have the right to seek compensation through a personal injury claim.
Skateboarding is an increasingly popular form of recreation and transportation, but it carries inherent risks that become exponentially greater when property owners fail to maintain safe premises, drivers ignore traffic laws, or equipment manufacturers sell defective products. Whether you were skateboarding in a public park, on a city street, or on private property, understanding the specific steps to take after an accident can mean the difference between a successful claim and a denied one. The moments immediately following your accident set the foundation for your entire case, and knowing what actions to protect your legal rights from the start puts you in the strongest position to recover the compensation you deserve for medical bills, lost income, pain and suffering, and other damages.
Seek Immediate Medical Attention
Your health and safety must be your first priority after any skateboarding accident. Seek medical care immediately, even if you believe your injuries are minor, because some serious conditions like concussions, internal bleeding, or spinal damage may not show symptoms right away.
Emergency room doctors will document your injuries, create an official medical record, and begin treatment. This documentation becomes critical evidence in your injury claim, establishing a direct link between the accident and your injuries. Insurance companies scrutinize any delay in treatment and may argue that your injuries were not serious or were caused by something other than the accident.
Keep all medical records, doctor’s notes, diagnostic test results, prescription receipts, and itemized bills. These documents prove the extent of your injuries and the cost of your medical treatment. Any gap in your medical care can be used by insurance adjusters to minimize your claim’s value or deny it entirely.
Document the Accident Scene
If you are physically able, photograph and video record the accident location immediately after the incident. Capture wide shots showing the overall area and close-up images of any hazards that contributed to your accident, such as cracks in pavement, poor lighting, missing warning signs, or debris.
Document weather conditions, time of day, and any visible injuries you sustained. Take photos of your skateboard and any equipment involved, especially if a defect or malfunction contributed to your fall. Collect contact information from anyone who witnessed the accident, as their testimony may prove invaluable later when insurance companies dispute liability.
Property conditions change over time. Broken pavement gets repaired, warning signs get posted, and hazardous conditions disappear. Evidence you preserve immediately after your accident may be the only proof that a dangerous condition existed at the time you were injured.
Report the Accident to Relevant Parties
Notify the property owner, manager, or business operator where your accident occurred. If you were skateboarding in a public park, contact the city or county parks department. For accidents on commercial property, speak with a manager and request that they file an incident report.
If a motor vehicle was involved in your skateboarding accident, call law enforcement immediately to file an official police report. Under O.C.G.A. § 40-6-273, drivers involved in accidents resulting in injury must report the crash. The police report documents the other party’s information, establishes fault, and creates an official record that insurance companies take seriously.
Never admit fault or apologize when reporting the accident. Stick to factual statements about what happened. Insurance companies analyze every word you say looking for reasons to deny your claim or reduce the compensation they owe you.
Preserve All Evidence Related to Your Injuries
Keep a detailed journal documenting your injuries, symptoms, pain levels, and how your injuries affect your daily life. Record every doctor visit, medication you take, physical therapy session, and day of work you miss because of your injuries.
Save the clothing you wore during the accident, especially if it was damaged or has bloodstains. Do not repair or discard your skateboard, helmet, or protective gear until your attorney has examined them. If a product defect contributed to your accident, these items become crucial evidence in a product liability claim.
Take photographs of your injuries as they heal, showing bruises, cuts, scars, casts, or surgical incisions. Visual evidence of your injuries helps insurance adjusters and juries understand the severity of what you experienced and the pain you endured.
Avoid Speaking with Insurance Companies Without Legal Representation
Insurance adjusters often contact accident victims quickly, sometimes within hours of an incident. They may seem friendly and helpful, but their goal is to minimize the amount their company pays. Anything you say can and will be used to devalue or deny your claim.
Under Georgia law, you have no legal obligation to provide a recorded statement to the at-fault party’s insurance company. Politely decline to answer questions beyond basic information like your name and contact details. Tell them you will have your attorney contact them once you have legal representation.
Your own insurance policy may require you to report the accident and cooperate with their investigation. Review your policy carefully and consider having an attorney present for any recorded statements, even to your own insurer. Insurance companies often share information, and statements you make to one insurer can affect claims with another.
Consult with a Personal Injury Attorney
Most personal injury lawyers offer free consultations, giving you an opportunity to understand your legal options without any financial risk. During this meeting, an experienced attorney will evaluate the strength of your claim, explain Georgia’s laws regarding premises liability, negligence, or product defects, and outline the potential compensation you may recover.
An attorney protects your rights immediately by preserving evidence, interviewing witnesses before memories fade, and handling all communications with insurance companies. Under O.C.G.A. § 9-3-33, you typically have two years from the date of your injury to file a personal injury lawsuit, but waiting too long can seriously weaken your case as evidence disappears and witnesses become harder to locate.
Skateboarding accident cases often involve complex liability questions. Was a property owner negligent in maintaining safe premises? Did a driver violate traffic laws? Was your skateboard defectively manufactured? An attorney investigates these questions thoroughly and builds a compelling case for maximum compensation.
Understand Your Legal Rights Under Georgia Law
Georgia operates under a modified comparative negligence rule established in O.C.G.A. § 51-12-33. You can recover compensation even if you were partially at fault for your accident, as long as you were less than 50 percent responsible. Your compensation will be reduced by your percentage of fault.
Property owners in Georgia owe different duties of care depending on your legal status when the accident occurred. If you were an invitee (someone on the property for the owner’s benefit) or a licensee (someone with permission to be there), the owner must maintain reasonably safe conditions and warn of known hazards. Even trespassers have some protections against willful or wanton misconduct under O.C.G.A. § 51-3-2.
Skateboarding accidents involving motor vehicles fall under standard negligence law. Drivers must exercise reasonable care to avoid hitting pedestrians, cyclists, and skateboarders. If a driver violated traffic laws or drove recklessly, they can be held liable for your injuries regardless of whether you were in a crosswalk or designated skateboarding area.
Calculate the Full Value of Your Damages
Your compensation should cover all losses stemming from your skateboarding accident. Economic damages include medical bills, future medical treatment costs, lost wages, reduced earning capacity, and property damage to your skateboard or other belongings.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, permanent scarring or disfigurement, and disability. Georgia law does not cap non-economic damages in most personal injury cases, meaning you can recover full compensation for these intangible but very real losses.
Do not accept a settlement offer before you fully understand the extent of your injuries and the long-term impact on your life. Some injuries like traumatic brain injuries or spinal cord damage have delayed symptoms that worsen over time. Once you accept a settlement and sign a release, you cannot reopen your claim later when additional medical complications arise.
File Your Claim with the At-Fault Party’s Insurance
Your attorney will prepare and submit a formal demand letter to the insurance company representing the party responsible for your injuries. This letter outlines the facts of the accident, the evidence proving liability, the full extent of your injuries, and the total compensation you seek.
The demand letter includes medical records, bills, employment documentation showing lost wages, expert opinions, witness statements, photographs, and any other evidence supporting your claim. A well-documented demand backed by strong evidence puts pressure on insurance companies to negotiate seriously rather than issue lowball offers.
Insurance companies have a legal duty under O.C.G.A. § 33-4-6 to act in good faith and deal fairly with claimants. When insurers act in bad faith by unreasonably denying valid claims, delaying payment without justification, or failing to conduct proper investigations, they can be held liable for additional damages beyond your original claim.
Negotiate a Fair Settlement or Prepare for Litigation
Most personal injury claims settle through negotiation without going to trial. Your attorney will handle all communications with the insurance company, countering lowball offers with evidence of your damages and the strength of your liability case.
Settlement negotiations can take weeks or months depending on the complexity of your case and the insurance company’s willingness to pay fair compensation. Your attorney evaluates each offer against the potential outcome at trial, advising you on whether to accept or continue negotiating.
If the insurance company refuses to offer reasonable compensation, your attorney may recommend filing a lawsuit. Litigation does not mean your case will go to trial; many cases settle after a lawsuit is filed once the insurance company realizes you are serious about pursuing full compensation. If your case does go to trial, your attorney will present evidence to a jury, call expert witnesses, and argue for maximum damages on your behalf.
What Type of Compensation Can I Recover After a Skateboarding Accident?
You can recover both economic and non-economic damages depending on the severity of your injuries and how the accident affects your life. Economic damages include all medical expenses, both past and future, such as emergency room visits, surgeries, hospital stays, medications, physical therapy, medical equipment, and any ongoing treatment your injuries require.
Lost wages compensate you for income you missed while recovering from your injuries. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you can also recover compensation for diminished future earnings. Additionally, you can seek reimbursement for damaged property including your skateboard, phone, or other personal items destroyed in the accident.
How Long Do I Have to File a Skateboarding Injury Claim in Georgia?
Under O.C.G.A. § 9-3-33, you have two years from the date of your accident to file a personal injury lawsuit in Georgia. This deadline, called the statute of limitations, is strictly enforced, and filing even one day late typically results in your case being dismissed with no opportunity to recover compensation.
Some exceptions can extend or shorten this deadline. If you were injured as a minor, the two-year clock may not start until you turn 18. If the at-fault party left Georgia after the accident, the time they were absent may not count toward the limitation period under O.C.G.A. § 9-3-99. Claims against government entities often have much shorter notice requirements, sometimes as brief as six months, making immediate legal consultation critical.
What If I Was Partially at Fault for My Skateboarding Accident?
Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 allows you to recover compensation even if you share some responsibility for your accident, as long as you were less than 50 percent at fault. Your compensation will be reduced by your percentage of fault.
For example, if a jury awards you $100,000 but determines you were 20 percent at fault for skateboarding in an area with a “No Skateboarding” sign, you would receive $80,000. If you were 50 percent or more at fault, you cannot recover any compensation. Insurance companies aggressively argue that accident victims share fault to reduce the amount they must pay, making strong legal representation essential to protecting your full recovery.
Can I Sue If I Signed a Waiver at a Skate Park?
Waivers signed at skate parks, skateboarding facilities, or organized events do not automatically prevent you from recovering compensation. Georgia courts examine waivers carefully and will not enforce them if they attempt to release liability for gross negligence, willful misconduct, or violations of public policy.
A waiver cannot protect a property owner from liability for hidden dangers they knew about but failed to warn visitors about, or from failing to meet basic safety standards required by law. If your injuries resulted from defective equipment, the manufacturer can be held liable regardless of any waiver you signed. An experienced attorney reviews the specific language of any waiver you signed and determines whether it is legally enforceable or can be challenged.
What Should I Do If the Driver Who Hit Me While Skateboarding Left the Scene?
Hit-and-run accidents require immediate action. Call 911 right away to report the incident and provide any details you remember about the vehicle, including color, make, model, license plate number, or direction of travel. Police will investigate and attempt to locate the driver.
If the at-fault driver is never identified, you may still recover compensation through your own uninsured motorist coverage if you carry it on your auto insurance policy. Under O.C.G.A. § 33-7-11, all auto insurance policies in Georgia must include uninsured motorist coverage unless you specifically reject it in writing. This coverage applies even if you were skateboarding rather than driving when the accident occurred.
How Much Does It Cost to Hire a Skateboarding Accident Attorney?
Most personal injury attorneys, including Wetherington Law Firm, work on a contingency fee basis, meaning you pay no upfront costs or hourly fees. Your attorney only gets paid if they recover compensation for you, taking an agreed-upon percentage of your settlement or court award.
This arrangement allows accident victims to access experienced legal representation regardless of their financial situation. Your attorney advances all costs of investigating your case, hiring experts, filing court documents, and preparing for trial. If you do not win your case, you owe nothing.
Should I Accept the Insurance Company’s First Settlement Offer?
Insurance companies often make quick, low settlement offers hoping you will accept before fully understanding the value of your claim. These initial offers rarely cover the full extent of your medical expenses, lost income, and pain and suffering, especially when you have not yet reached maximum medical improvement.
Once you accept a settlement and sign a release, you cannot reopen your claim later if your medical condition worsens or you discover additional injuries. Before accepting any offer, consult with an attorney who can evaluate whether the amount fairly compensates you for all current and future damages stemming from your accident.
Conclusion
Taking the right steps immediately after a skateboarding accident protects both your health and your legal rights. By seeking medical attention, documenting evidence, avoiding insurance company traps, and consulting with an experienced personal injury attorney, you position yourself to recover full compensation for your injuries. Georgia law provides strong protections for accident victims, but navigating the claims process requires knowledge of statutes, insurance practices, and negotiation strategies that only experienced legal counsel can provide.
If you or someone you love suffered injuries in a skateboarding accident caused by someone else’s negligence, contact Wetherington Law Firm at (404) 888-4444 for a free consultation. Our experienced personal injury attorneys will evaluate your case, explain your legal options, and fight to secure the maximum compensation you deserve for your medical bills, lost income, pain and suffering, and other damages. Time limits apply to filing injury claims in Georgia, so call today to protect your rights.