Skateboarding is a popular hobby and mode of transportation, especially among younger people. Unfortunately, like roller skates and bicycles, they offer little protection in accidents with vehicles. What are Ohio’s skateboarding laws, and who’s liable in a skateboard vs. vehicle accident?
Skateboarding injury statistics
While severe skateboarding injuries are relatively rare (five percent of all injuries), nearly all of those injuries happen on the road in accidents involving a vehicle. 20 percent of all injuries are to the head, while the majority are injuries to the extremities. Even experienced skateboarders should wear a helmet and other safety gear.
Ohio skateboarding laws
There are several state laws regarding skateboarding. Ohio Administrative Code Rule 3335-21-13 states that skateboarders on university premises “are limited to riding upon sidewalks and crosswalks and must yield the right of way to pedestrians, bicyclists, and motorists. The use of skateboards… is prohibited in all other areas…”
Furthermore, Ohio Revised Code Section 4511.54 states “No person riding upon any bicycle, electric bicycle, coaster, roller skates, sled, skateboard, or toy vehicle shall attach the same or self to any streetcar, trackless trolley, or vehicle upon a roadway.” This is a misdemeanor.
Cities and counties may have their own local skateboarding rules, which can impact a determination of fault in an accident investigation.
Skateboarding vs. vehicle accidents
Accident cases are usually a type of negligence claim. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, they breached that duty and as a result, the plaintiff suffered actual harm.
In skateboarding vs. car accidents, fault will be determined on a case-by-case basis. Generally, both drivers and skateboarders have a duty to follow all laws and regulations, and avoid causing harm to others. Therefore, if a skateboarder was violating local or state laws at the time of the accident, they may bear partial or total liability. On the other hand, if the driver was breaking traffic laws or driving in an otherwise negligent manner, they are likely to be held liable.
Ohio is a comparative negligence state: if the plaintiff is deemed less than 50 percent at fault, they will be able to recover compensation. If they are 50 percent or more at fault, recovery is barred. Therefore, it’s important that you call the Law Offices of Tim Misny for help: our firm can evaluate your claim, explain your legal options and fight for compensation on your behalf.
Call an Ohio accident attorney today
The Law Offices of Tim Misny can help you with your skateboarding vs. car accident claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.