Electric scooters, such as those provided by Bird, Lime, and other rental companies, have become a common means of transportation in urban areas throughout California. Convenient and environmentally friendly as they are, they also present dangers. Bird scooter accidents have caused many injuries and even death, prompting lawsuits against Bird and other liable parties.
If you or your loved one have been hurt during a ride in a Bird scooter, or got injured by being struck by such a rider, you can make a claim. You need to be aware of your rights before claiming compensation to make the involved parties liable for it.
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Common Causes of Bird Scooter Accidents
Bird scooter accidents can occur due to rider negligence, mechanical malfunctions, hazardous road conditions, or third-party negligence. Some of the most common causes include:
1. Defective or Malfunctioning Scooters
- Brake failures, causing loss of control
- Faulty accelerators or throttles, leading to sudden speed changes
- Battery malfunctions that can cause fires or sudden power loss
- Poor maintenance of rental scooters, leading to accidents
2. Negligent Scooter Riders
- Uneven pavement, potholes, or debris that can cause riders to lose balance
- Lack of dedicated scooter lanes, forcing riders into unsafe traffic conditions
- Poorly lit streets making it difficult for drivers to see scooter riders
3. Road Hazards and Poor Infrastructure
- Uneven pavement, potholes, or debris that can cause riders to lose balance
- Lack of dedicated scooter lanes, forcing riders into unsafe traffic conditions
- Poorly lit streets making it difficult for drivers to see scooter riders
4. Negligent Drivers Hitting Scooter Riders
- Distracted or reckless drivers failing to yield to scooters
- Dooring accidents, where a driver opens their car door into an oncoming scooter
- Hit-and-run accidents, leaving injured riders without assistance
Who Can Be Held Liable in a Bird Scooter Accident?
Determining liability in a Bird scooter lawsuit depends on the cause of the accident. Potentially liable parties include:
- Bird (or Other Scooter Companies): If the scooter was defective, poorly maintained, or had inadequate safety warnings.
- Scooter Riders: If they acted negligently, such as riding recklessly or violating traffic laws.
- Drivers of Vehicles: If a driver caused the accident by speeding, failing to yield, or driving distracted.
- City or Municipality: If poor road conditions, such as potholes or missing signs, contributed to the crash.
- Property Owners: If a business or private property had hazardous conditions that led to an accident.
Common Injuries in Bird Scooter Accidents
Bird scooter accidents can cause severe injuries, especially since riders lack the same protection as motorists. Some common injuries include:
- Head and Brain Injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs).
- Spinal Cord Injuries: Can lead to paralysis or long-term mobility issues.
- Broken Bones: Fractures in the arms, legs, ribs, or face.
- Soft Tissue Injuries: Sprains, torn ligaments, and deep bruises.
- Lacerations and Road Rash: Severe cuts and scrapes requiring medical attention.
- Internal Injuries: Organ damage from high-impact collisions.
Filing a Lawsuit After a Bird Scooter Accident
If you were injured in a Bird scooter accident, you may be able to file a lawsuit to recover compensation for your losses. Here’s what you need to know about the legal process:
1. Determining Liability
Your attorney will investigate your accident to identify who is at fault. This may include Bird, a negligent driver, another rider, or the city.
2. Gathering Evidence
To build a strong case, you will need:
- Medical records showing the extent of your injuries
- Photos and videos of the accident scene and your injuries
- Witness statements
- Police reports (if law enforcement responded to the scene)
- Scooter maintenance records if Bird’s negligence is suspected
3. Filing a Claim
Your lawyer will file a claim against the at-fault party’s insurance company or file a lawsuit if a fair settlement is not offered.
Compensation Available in a Bird Scooter Lawsuit
If you were injured in a Bird scooter accident, you may be entitled to compensation for:
- Medical Bills: Emergency room visits, surgeries, physical therapy, and ongoing care
- Lost Wages: If you were unable to work due to your injuries
- Pain and Suffering: Emotional distress, trauma, and diminished quality of life
- Property Damage: Cost of replacing damaged personal belongings
Wrongful Death: If a loved one was killed in a Bird scooter accident, their family may be entitled to compensation for funeral costs and loss of financial support
Bird’s Terms of Service and Legal Challenges
Bird and other scooter companies require riders to agree to their terms of service, which often include:
- Waivers of Liability: Bird tries to limit their responsibility for injuries
- Arbitration Clauses: Riders may have to settle disputes through arbitration instead of court
- Helmet and Safety Rules: Riders may be required to wear helmets and follow local traffic laws
However, these terms do not always hold up in court. If Bird’s negligence—such as failing to maintain scooters or not warning users about defects—contributed to an accident, victims may still have a strong legal claim.
Steps to Take After a Bird Scooter Accident
If you are involved in a Bird scooter accident, taking the right steps can strengthen your case:
1. Seek Medical Attention
Even if you feel fine, some injuries take time to appear. Get checked by a doctor as soon as possible.
2. Document the Scene
- Take photos and videos of your injuries, the scooter, and the accident location.
- Get witness contact information.
Note road conditions, weather, and any hazards.
3. Report the Accident
- Call the police and get an official report.
- Report the accident to Bird through their app, but do not admit fault.
4. Contact a Lawyer
An experienced Bird scooter accident lawyer can help you navigate the legal process and fight for maximum compensation.
Why You Need a Bird Scooter Accident Lawyer
Bird and other scooter companies have strong legal teams to minimize payouts. Hiring a lawyer can help you:
- Prove negligence and hold the responsible party accountable
- Negotiate with insurance companies to secure fair compensation
- Challenge unfair waivers in Bird’s terms of service
- File a lawsuit if necessary to pursue justice
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
