Electric scooters, or e-scooters, have emerged as a common means of transportation in urban areas throughout the nation. They provide a quick, environmentally friendly option for short-distance journeys. With their increasing popularity, however, e-scooter accidents have also increased significantly. If you or someone you care about has suffered an injury in an electric scooter accident, your legal rights are important to know.
In this article, you will find out about the most common reasons for e-scooter accidents, possible parties liable, what to do in case of an accident, and how an electric scooter accident lawsuit usually goes.
Common Causes of Electric Scooter Accidents
Electric scooter accidents can happen for a variety of reasons. Some of the most common causes include:
- Rider Error:
Inexperienced riders, reckless riding, or failing to follow traffic laws can all lead to serious accidents. - Vehicle Collisions:
Drivers of cars or trucks may fail to notice scooters, especially at intersections or while turning, leading to collisions. - Road Hazards:
Potholes, uneven pavement, and debris can be particularly dangerous for e-scooter riders due to the small wheels and lightweight design. - Mechanical Failure:
Defects or malfunctions in the scooter, such as brake failures or steering issues, can lead to loss of control. - Poor Scooter Maintenance:
Companies that rent out e-scooters are responsible for ensuring their equipment is safe. Failure to maintain the scooters properly can contribute to accidents. - Pedestrian Collisions:
Sometimes, scooter riders collide with pedestrians on sidewalks or crosswalks, causing injuries to both parties.
Potential Liable Parties
Identifying who is legally responsible is a crucial step in any accident case. Several parties could be liable for an electric scooter accident, including:
– The Rider:
If the accident was caused by rider negligence, the rider could be held responsible for resulting injuries or property damage.
– Vehicle Drivers:
When a negligent driver causes an accident involving an e-scooter, the driver may be liable.
– Scooter Companies:
Rental companies like Bird, Lime, or Spin have a duty to maintain their fleets. If a defect or maintenance issue contributed to the accident, the company may be held accountable.
– Manufacturers:
If a scooter was inherently defective due to a design or manufacturing flaw, the company that produced it may be liable under product liability laws.
– Government Entities:
If poor road conditions or lack of proper signage contributed to the accident, a city or municipality could be held responsible.
Steps to Take After an Electric Scooter Accident
Taking the right steps after an e-scooter accident can significantly impact your ability to pursue a successful claim. Here’s what you should do:
- Seek Medical Attention:
Your health is the priority. Even if injuries seem minor, it’s important to be evaluated by a medical professional. - Document the Scene:
Take photographs of the scooter, the accident location, any vehicles involved, your injuries, and any other relevant evidence. - Gather Witness Information:
If anyone saw the accident, get their contact information. Witness testimony can strengthen your case. - Report the Incident:
If the accident involved a vehicle, call the police and file an accident report. If it was a rental scooter, notify the rental company. - Preserve the Scooter:
If possible, keep the scooter in its post-accident condition to serve as evidence. - Consult an Attorney:
An experienced personal injury attorney can help you navigate the legal process and fight for your rights.
What Damages Can Be Recovered?
In an electric scooter accident lawsuit, victims may be eligible to recover a variety of damages, including:
- Medical Expenses: Costs for emergency treatment, surgeries, hospital stays, rehabilitation, and future medical care.
- Lost Wages: Compensation for time missed from work due to injuries, as well as future lost earning capacity.
- Pain and Suffering: For physical pain, emotional distress, and decreased quality of life.
- Property Damage: If personal belongings like your phone, glasses, or clothing were damaged in the accident.
- Punitive Damages: In cases where the responsible party’s conduct was especially reckless or malicious, additional punitive damages may be awarded.
Challenges in Electric Scooter Accident Lawsuits
Electric scooter lawsuits can be complex for several reasons:
– Determining Liability:
Unlike car accidents where there is a clear system of insurance and liability, e-scooter accidents can involve multiple potential defendants.
– Insurance Issues:
Many scooter companies limit their liability through user agreements, and personal insurance policies may not cover scooter-related injuries.
– Comparative Negligence:
In some cases, the injured party may be found partially at fault. In states with comparative negligence laws, compensation can be reduced based on your percentage of fault.
– Lack of Regulations:
Because e-scooters are relatively new, the laws governing their use and accidents involving them are still evolving and may vary widely by jurisdiction.
Filing a Lawsuit for an Electric Scooter Accident
When pursuing a lawsuit, several important steps are involved:
- Investigating the Accident:
A thorough investigation is critical. This may involve gathering evidence, hiring accident reconstruction experts, and reviewing maintenance records of the scooter. - Filing the Claim:
Your attorney will draft and file a formal complaint with the court outlining the facts of the case, the damages sought, and the legal basis for the lawsuit. - Discovery Process:
Both sides will exchange information and evidence related to the case. This may include depositions, interrogatories, and document requests. - Settlement Negotiations:
Many cases are settled before trial. Your attorney will negotiate with the other party’s legal team or insurance company to seek a fair settlement. - Trial:
If a settlement cannot be reached, the case will proceed to trial, where evidence will be presented, and a judge or jury will determine liability and damages.
Special Considerations for Rental E-Scooters
Most rental companies require users to agree to extensive terms and conditions before using a scooter. These agreements often include:
- Liability Waivers:
Users may waive their right to sue the company under certain conditions. - Mandatory Arbitration:
Instead of going to court, users may be required to resolve disputes through private arbitration. - Insurance Limitations:
Rental companies often carry limited insurance policies that may not fully cover severe accidents.
An attorney experienced in electric scooter accidents can evaluate the validity of these contracts and fight against unfair waiver clauses if necessary.
Safety Tips for Electric Scooter Riders
Prevention is the best strategy for avoiding accidents. Here are some important safety tips:
- Always wear a helmet and protective gear.
- Follow all traffic laws, including obeying traffic signals and signs.
- Ride in bike lanes when available, not on sidewalks.
- Inspect the scooter before use to ensure it is in proper working order
- Stay alert for hazards like potholes, debris, and vehicles.
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.
