Do I Need a Lawyer After an E-scooter Injury Accident?

Steven A. Bagen | October 1, 2024 | Personal Injury

E-scooter accidents can happen when other drivers – and even pedestrians – are negligent in some way. They may also happen when the E-scooters themselves are defective.

If you suffered injuries in one of these accidents, it’s critical that you retain an experienced attorney for legal representation. A lawyer can navigate the complex legal process for you, gather and present evidence, and negotiate with insurance companies to ensure you receive fair compensation. They can also provide valuable guidance on the types of damages you may be entitled to recover and handle any legal challenges that arise.

Having an experienced Gainesville E-scooter accident lawyer on your side can significantly improve your chances of a successful outcome and help you focus on your recovery.

 

How Do E-scooter Accidents Frequently Happen?

E-scooter accidents are becoming more common in cities, and many of these accidents result from others’ negligence. Negligence happens when someone fails to act responsibly, and their actions (or lack of actions) cause harm. There are several common ways this can happen with E-scooters.

• First, drivers of cars, trucks, and other vehicles often fail to watch for E-scooter riders. Distracted driving, such as texting, using a GPS, or simply not paying attention, can lead to collisions. E-scooter riders are especially vulnerable because they are harder to see than larger vehicles. When drivers fail to yield the right-of-way or fail to check their blind spots, accidents can occur.
• Second, poor road conditions can contribute to accidents. Cities and municipalities have a responsibility to maintain safe roads for all users, including E-scooter riders. Potholes, cracks in the pavement, and debris can cause riders to lose control and crash. If the city fails to fix these hazards or warn riders of dangerous conditions, they may be considered negligent.
• Third, pedestrians can sometimes be the cause of E-scooter accidents. When pedestrians step into bike lanes or cross streets without looking, they may cause a collision with an E-scooter rider. Pedestrians may also use sidewalks in ways that make it difficult for riders to navigate safely.

• Fourth, ride-share companies that rent out E-scooters also have a responsibility to ensure their equipment is safe. If an E-scooter has faulty brakes, broken handlebars, or worn-out tires, it can lead to accidents. When companies fail to inspect and maintain their scooters regularly, they can be held accountable for accidents that happen as a result.
• Finally, other riders can cause E-scooter accidents by riding recklessly – or while under the influence of alcohol or drugs. When a rider behaves irresponsibly, swerving in traffic or speeding through crowded areas, they can cause crashes that injure both themselves and others.

Common Injuries in an E-scooter Accident

E-scooter accidents are on the rise, and when these accidents occur due to someone else’s negligence, riders often suffer a range of serious injuries.

• One of the most common injuries in E-scooter accidents is head trauma. Even when riders wear helmets, they are still at high risk for concussions or traumatic brain injuries (TBIs) in a crash. Even a low-speed collision can cause a rider to fall and strike their head on the ground or another object. TBIs can lead to long-term cognitive problems, memory loss, and difficulties with concentration.
• Fractures are another frequent injury in E-scooter accidents. When a rider is thrown off the scooter, they may instinctively put out their hands to break the fall, leading to broken wrists, arms, or collarbones. Leg fractures, particularly of the ankles and knees, are also common – especially if a car hits the rider or they run into a solid object. These injuries can require surgery, physical therapy, and months of recovery.
• Road rash, which occurs when the skin scrapes against the pavement, is another typical injury. This can happen if the rider is thrown from the scooter and slides across the road. In severe cases, road rash can lead to infections and may require skin grafts or other treatments to heal properly.

• Spinal injuries can also result from E-scooter accidents. The force of a collision, especially when a car hits the rider, can damage the vertebrae or spinal cord. This can lead to herniated discs, chronic back pain, or, in the worst cases, paralysis.
• Lastly, internal injuries are a risk in more severe E-scooter crashes. Damage to internal organs, such as the liver, spleen, or lungs, can be life-threatening and may require emergency surgery.

How Can an Experienced E-scooter Injury Lawyer Help with Your Accident Case?

If you’ve been involved in an E-scooter accident, an experienced Gainesville E-scooter accident lawyer can play a crucial role in helping you with your case. Whether the accident resulted from a negligent driver, poor road conditions, or faulty equipment, having a lawyer on your side can significantly improve your chances of receiving fair compensation for your injuries and other losses.

• First, an E-scooter accident lawyer can investigate the circumstances of your accident. They will gather evidence, such as photos of the accident scene, eyewitness statements, and police reports. This helps build a strong case by proving who was at fault. Your lawyer may also hire accident reconstruction experts to further strengthen the case by showing how the accident occurred and who is responsible.
• Second, a lawyer can help navigate the complicated legal process of filing a claim. Laws surrounding E-scooter accidents can be tricky because they often involve issues of product liability, motor vehicle laws, and even municipal regulations. An experienced lawyer understands these laws and will guide you through the legal system, ensuring that all necessary paperwork is filed correctly and on time.
• Third, a lawyer can negotiate with insurance companies on your behalf. Insurance companies often try to minimize the amount they pay to E-scooter accident victims, sometimes offering settlements that are far less than what the case is worth. Your lawyer will know how to handle these tactics and can negotiate aggressively to get you the compensation you deserve, which may include medical expenses, lost income, pain and suffering, and other damages.
• In cases where negotiations don’t lead to a fair settlement, your lawyer can take your case to court. They will represent you in front of a judge or jury, presenting evidence and arguing on your behalf. Having a skilled attorney in court is essential, as they know how to present the facts of your case clearly and effectively to maximize your chances of a favorable outcome.
• Finally, a lawyer can provide you with peace of mind. Dealing with injuries and the stress of an E-scooter accident can be overwhelming. With a lawyer handling your case, you can focus on your recovery while knowing that your legal matters are in capable hands.

How to Prove an E-scooter Accident Case Successfully 

In an E-scooter accident case, proving your claim involves establishing several key legal elements and presenting the right types of evidence. Here’s a look at these elements and the most important evidence to support your case:

• Duty of Care – First, you must show that the at-fault party had a duty of care towards you. This means demonstrating that the other party was legally obligated to act responsibly to prevent harm. For example, a driver has a duty to follow traffic laws and watch out for pedestrians and cyclists, including E-scooter riders.
• Breach of Duty – Next, you need to prove that the at-fault party breached their legal duty of care. This breach may involve showing that the driver was speeding, a pedestrian was jaywalking, or the city failed to maintain safe roads. Evidence of the other party’s negligent behavior is crucial in proving this element.
• Causation – You must also establish causation, which means linking the breach of duty directly to your accident. You need to show that the other party’s actions were the direct cause of the accident and not some other factor. Accident reports, witness testimony, and expert analysis can all support this element.
• Damages – Finally, you need to prove that you suffered damages as a result of the accident. This includes physical injuries, emotional distress, and financial losses like medical bills and lost income. Evidence of your damages is essential to support your claim for compensation.

Important types of evidence in E-scooter accident cases include:

• Accident Reports – Police reports provide an official account of the accident, including details on who was involved, how it happened, and any citations issued. These reports are vital for establishing the facts of the case.
• Medical Records – Your medical records document the injuries you sustained and the treatments you received. These records help prove the extent of your injuries and the costs associated with your recovery.
• Photographs – Photos of the accident scene, your injuries, and any damage to the E-scooter or other vehicles can visually demonstrate the severity of the accident and support your claims.
• Witness Statements – Eyewitnesses can provide valuable testimony about what they observed. Their statements can help corroborate your version of events.
• Expert Testimony – Experts, such as accident reconstruction specialists, can analyze the available evidence and provide professional opinions on how the E-scooter accident occurred and who is at fault.

Compensation for Injuries Following an E-scooter Accident

If you’ve suffered an injury in an E-scooter accident, you may be entitled to various forms of compensation to help cover the costs and losses you’ve incurred. Here’s a look at some of the most important forms of compensation you may recover:

• Medical Expenses – This compensation covers all costs related to your medical care as a result of the E-scooter accident. It includes hospital bills, doctor visits, surgery, prescription medications, physical therapy, and any other medical treatments you may need. If your injuries require long-term care or rehabilitation, these future medical expenses may also be included.
• Lost Earnings – If your injuries keep you from working, you can claim compensation for the income you’ve lost. This includes not only the income you missed while you were initially recovering but also any future lost earnings if your injuries have a long-term effect on your ability to work.
• Property Damage – If your E-scooter was damaged or destroyed in the accident, you can recover compensation for repairing or replacing it. This also includes any personal property that may have been damaged during the accident, such as your phone or clothing.
• Lost Quality of Life – If your injuries have significantly affected your ability to perform daily activities or enjoy life as you did before the accident, you may be entitled to recover compensation for this loss. This can include difficulties with personal care, hobbies, or social activities.
• Emotional Distress – Beyond pain and suffering, emotional distress compensation covers the psychological effect of the E-scooter accident. This can include anxiety, depression, or PTSD resulting from the accident.
• Pain and Suffering – This form of compensation addresses the physical pain and emotional distress resulting from the accident. It is more subjective and is meant to compensate for the suffering you’ve endured because of your injuries. Factors that influence this amount include the severity of your injuries, the duration of your recovery, and the effects on your daily life.
• Loss of Consortium – If your injuries have affected your relationship with your spouse or partner, they may be eligible to recover compensation for the loss of companionship, support, and intimacy.

Deciding Whether to Settle or Litigate an E-scooter Accident Case

Deciding whether to settle or litigate an E-scooter accident case is a crucial decision that depends on several factors. Each option has its advantages and potential drawbacks, and understanding these can help you make an informed choice.

• Settling a Case – Settling usually means reaching an agreement with the at-fault party or their insurance company before going to court. Settlements can be quicker and less stressful than litigation, allowing you to receive compensation faster and avoid the uncertainties of a trial. Settlements often involve negotiating a lump sum payment that covers your medical expenses, lost income, and other damages. However, settling can mean accepting a lower amount than what you may potentially win in court – especially if the insurance company offers you a settlement that doesn’t fully cover your losses. 
• Litigating a Case – Litigation involves taking your case to court, where a judge or jury will make a decision. This option can be beneficial if the settlement offers are too low or if you believe the other party is clearly at fault and you want to pursue maximum compensation. Litigation can be time-consuming and costly, with no guaranteed outcome. It also involves presenting evidence and testimony in court, which can be stressful. However, successful litigation can sometimes result in a larger award and set a precedent for similar cases.

In deciding between settling or litigating, you should consider factors like the strength of your case, the fairness of settlement offers, the potential time and cost involved, and your personal preferences.

Call an Experienced E-scooter Accident Lawyer in Your Area Today

If you recently sustained injuries in an E-scooter accident, an experienced Gainesville E-scooter accident lawyer can immediately investigate your circumstances and determine your legal options for moving forward. They can also handle every step of the process for you, including protecting your rights, pursuing compensation, or litigating your case to a swift resolution in the court system.