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Determining Fault for an Electric Scooter Accident

Posted on behalf of Arnold Law Firm in

As electric scooters (e-scooters) have become more popular, related injuries have become more common. According to a Consumer Reports investigation, there were more than 1,500 e-scooter injuries across the country between the end of 2017 and beginning of 2019, despite many hospitals not yet tracking these figures.

When e-scooter injuries occur, victims may be unsure about whether they can pursue compensation from the at-fault party. However, even identifying the liable party and proving fault can be a complicated task.

If you were injured in an e-scooter accident, having a knowledgeable personal injury lawyer on your side may improve your chances of securing compensation for damages. The attorneys at the Arnold Law Firm are available to evaluate your claim during a free case review.

Who Could Be Held Liable for an e-Scooter Accident?

Several parties may potentially hold liability for scooter accidents and the resulting injuries and damages:

E-Scooter Riders

If you were hit by an e-scooter as a pedestrian, the rider may be at fault for your injuries because of some form of negligence, which might include:

  • Speeding
  • Failing to brake in a timely manner
  • Not paying attention

Drivers

If you were hit by a motor vehicle while riding an e-scooter, the driver may be found at fault if he or she was not watching, was speeding, or was engaged in some other form of reckless driving. You may be able to pursue a claim against the driver’s car insurance policy. 

E-Scooter Company

The company that made the e-scooter may be found at fault if the device malfunctioned during use and this led to your accident.

Pedestrian

If an e-scooter accident occurs as a result of a pedestrian acting in a negligent manner, such as walking while distracted, they may be at fault. You may be able to file a claim with his or her homeowner’s insurance.

City, Business or Construction Company

A city may be held legally responsible for accidents that occur because of potholes or damaged sidewalks. If a business or construction company is responsible for the property and the accident is caused by debris or obstructions on the property, the business or construction company may be held liable for the injuries.

How Terms of Service Agreements Could Affect a Claim

When you download an e-scooter ride share app, you may be asked to click to agree to various terms and conditions of using the app and riding an e-scooter.

Unfortunately, most people agree to terms and conditions without reading them. These terms may state that the rental provider will not be responsible for injuries to you or anyone you injure while using the device.

Your lawyer can review the agreement you signed and the circumstances of your injuries to determine whether the agreement prohibits you from pursuing compensation from the e-scooter company.

Insurance Coverage for an E-Scooter Accident

There are a few types of insurance you may be able to file claims against after an e-scooter accident:

  • Auto insurance, if the at-fault party is the driver
  • Homeowners’ or renters’ insurance
  • Scooter insurance
  • Health insurance
  • Personal liability umbrella insurance

Contact the Arnold Law Firm for a Free Case Review

The experienced lawyers at the Arnold Law Firm are prepared to discuss your legal options during a free consultation. There are no upfront fees for our services, and we do not get paid unless you are compensated.

Contact us today to get started. Call (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.