I'm not sure about your state, but in Colorado, the kid would be at fault and should be issued a citation for a class B traffic infraction. He would be guilty regardless of whether or not he was on the skateboard (different statute, tho), unless he was in a marked crosswalk, and did NOT "suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle (that includes a bicycle, btw) which is so close as to constitute an immediate hazard". The pertinent statute: C.R.S. 42-4-803 Crossing at other than crosswalks (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.