Steven A. Bagen | December 25, 2024 | Personal Injury

Man in stylish outfit stand on electric scooter on the street

E-scooters have become a popular mode of transportation in urban areas, offering convenience and a fun way to get around. Nowadays, you see e-scooters dotting the sidewalks and roads in many major American cities. On one hand, e-scooters help traffic by taking some drivers off the road. On the other hand, e-scooters have unique dangers that can make them even more hazardous than bicycles.

The number of e-scooter accidents is rising, and victims may find themselves dealing with serious injuries. If you have suffered an injury on an e-scooter, you may have the legal right to significant financial compensation. First, you must determine who was to blame for the accident and prove they were at fault.

An e-scooter accident lawyer can represent you in the legal process and help you seek a settlement check for your injuries. One of the key advantages of hiring an e-scooter attorney is their knowledge and experience in dealing with personal injury cases. They will investigate the accident’s circumstances, gather evidence, and build a strong case on your behalf.

You may be dealing with many of the same difficulties that motorcyclists and bicyclists deal with in the legal process. Insurance companies act similarly, regardless of who is seeking money from them. Since the road to financial compensation often goes through the insurance company, you need an e-scooter accident lawyer to establish your legal rights and fight for you to get full compensation for your injuries.

Your attorney will communicate with insurance companies and negotiate a fair settlement covering your medical expenses, lost earnings, and any pain and suffering you may have endured.

 

E-Scooter Usage and Injury Statistics

Although e-scooter operators have left some United States jurisdictions, in recent years, over 130 cities continue to have e-scooter rental companies. There are over 100,000 e-scooters throughout the country, and since they are available for anyone to rent, there are far more users than there are devices. There are estimates that people made over 65 million e-scooter trips in the country over the past year, and roughly 15 percent of the population over the age of 16 uses e-scooters. These have become very popular urban mobility devices, regardless of whether users want to travel a few blocks or miles.

The increase in e-scooter usage has also meant a surge in injuries. E-scooter injuries have risen roughly 45 percent over the past few years. In a recent year, over 56,000 people suffered an injury on an e-scooter, and more than one in every ten of these accident victims required a visit to the emergency room. E-scooters can be very dangerous, and accidents can result in serious injuries.

Local Laws for E-Scooter Riders

In most jurisdictions, e-scooter riders have many of the same rights as bicyclists. They can occupy their own traffic lanes as if they were a motorist. When trying to pass a scooter rider, drivers cannot get within a certain distance.

E-scooter riders have an obligation to follow the same traffic laws as any cyclist. Some states have mandatory helmet laws for e-scooter riders, and even if there is no helmet law, it is always a good idea to wear one because a crash at higher speeds can cause serious injuries. If you suffered an injury while not wearing a helmet, the insurance company may try to blame some of the accident on you by claiming that you failed to mitigate your damages.

Causes of E-Scooter Accidents

Roughly four of every five e-scooter accidents are the result of falls. Do not think that a fall is automatically your fault because you were the one riding the scooter; someone or something else may have caused it. One common reason for a fall is because a driver gets too close to you on the road and causes you to lose your balance. You may have had to swerve to avoid dangerous conditions on the road, and you fell in the process.

The scooter itself may have caused your injuries. Manufacturers must design scooters without defects, and the company should maintain them correctly before renting them. Many scooters have been tipping over without warning because of a defect or a preventable mechanical problem.

Do not automatically accept fault for your accident or shoulder part of the blame. Always hire an e-scooter accident attorney to investigate what happened to help learn the cause of the crash and gather evidence that you may need in your legal case.

How to Win an E-Scooter Accident Case

E-scooter accident claims and lawsuits follow the same rules as other personal injury cases. You need to prove that the other party was negligent in the events that caused your accident. A driver or other party is negligent when they do something unreasonable under the circumstances.

 Examples of negligence in an e-scooter accident include:

  • Following too closely behind an e-scooter in traffic
  • Running into a rider because the driver does not see them
  • Failure to clean debris from a path, causing hazards on a sidewalk or walk
  • Not allowing enough space to pass an e-scooter when it is on the road
  • Failure to stop at a red light or stop sign and yield the right of way when necessary

As the claimant, you have the burden of proof to demonstrate what happened by a preponderance of the evidence. You must show what the driver did and prepare to argue why it fell short of the duty of care that they owed you under the circumstances.

Defendants in an E-Scooter Lawsuit

One of your initial challenges in an e-scooter lawsuit is to figure out which party or parties were to blame for the accident. In most cases, you will file a claim against the responsible driver who injured you through their negligence. If a car strikes you, the driver will be the likely defendant.

There are other potential defendants who you can sue in an e-scooter lawsuit. These include:

  • The city or local government: E-scooters can be very sensitive to any defects on the sidewalk or pavement, causing a rider to lose control of their device and fall.
  • The manufacturer of the e-scooter: If a defective scooter was the cause of your accident, you could sue the manufacturer or anyone else in the stream of commerce in a product liability lawsuit. Here, the defendant is liable for your injuries if you prove a manufacturing, design, or marketing defect.
  • The e-scooter rental company: The company that rents the e-scooter must perform maintenance on the devices and take those that may have mechanical issues out of service. 
  • Public transit agencies: If a bus or mobility access vehicle strikes you, you can sue the transit agency. However, there are special rules for suing local governments and transit agencies. 

In other accidents, you may have suffered an injury because you tripped on an e-scooter that someone else used and left in the middle of the sidewalk. Then, you can sue the person who left the e-scooter in the middle of the road, the rental company, or the property owner.

More than one entity may be at fault for your e-scooter accident injuries, and your e-scooter accident lawyer can investigate the accident and help determine who you can sue.

Your Damages in an E-Scooter Claim

Dollars with judge's gavel and scale of justice

Your e-scooter damages will pay you back for every way that you have suffered and will suffer since the accident. You have lost actual money because of your accident injuries, and your physical condition has caused several effects on your life.

Your e-scooter accident damages may include:

Challenges in an E-Scooter Claim

When motorcycle riders file insurance claims for their injuries, they encounter bias from the insurance company. Insurance companies try to take advantage of the perception that motorcycle riders take more risks than the average person and are banking on the fact that a jury may side against the injured biker.

The same behavior may apply to those who ride e-scooters. Riding an e-scooter on city streets is a risk, but doing anything in an urban environment can be hazardous, including crossing the street. Nonetheless, insurance companies may try to portray scooter riders as risky and then blame them for the accident. An e-scooter accident lawyer will stand up for their client’s legal rights and fight to keep them from being blamed for the accident.

There are numerous potential errors that e-scooter riders make that can cause an accident. Even if you have done nothing wrong, the insurance company may claim you failed to follow traffic laws or operate the e-scooter safely.

Further, your car insurance policy does not cover e-scooter accidents. The company you rented the e-scooter from may have an insurance policy that covers riders, but you cannot always count on that coverage to fully pay for your injuries. Thus, you must prove that someone else was to blame for the accident to receive a full settlement check for your injuries.

Why You Need an E-Scooter Lawyer for Your Claim

E-scooters are still a relatively new invention; there is still much to learn about how they operate and how they can cause accidents. Insurance companies are also researching e-scooters and building their knowledge to prepare for claims and lawsuits.  If you do not have an e-scooter accident attorney, you may already be at a disadvantage to the insurance company in the claims process.

Because there is little to nothing to protect you from the effects of an e-scooter accident, you may have suffered severe injuries. Your injuries may be similar to those of a pedestrian or bicyclist since all you may have in protection is a helmet. If a car struck you or you fell off your scooter onto the pavement, you likely have suffered severe injuries. Your injuries may mean that you have the legal right to a substantial settlement check when you can prove that someone else was to blame for the e-scooter accident. However, you will have to work for this money, as the insurance company will make you fight for it at every step of the way.

Because of your injuries, you may be unable to handle any case details yourself. The last thing you have the desire or capacity to do is to deal with the insurance company. Yet, filing a claim and negotiating compensation is what you have to do if you want to get fully paid for your injuries. Your e-scooter accident lawyer will take care of the claims process so you can focus on your health.

You Take No Financial Risk When You Hire an E-Scooter Attorney

If you have been in an e-scooter accident, you may be dealing with physical injuries, emotional distress, and financial burdens. Medical bills and lost earnings can quickly add up, leaving you feeling overwhelmed and unsure of your next steps. However, hiring an experienced e-scooter attorney can alleviate these concerns and protect your rights.

One of the best things about hiring an e-scooter accident lawyer is that you do not have to take on any financial risks to get legal help. They will work on a contingency fee basis, which means they only get paid if they win your case. This arrangement allows you to pursue your claim without worrying about upfront costs or ongoing legal fees. Instead, your attorney will work hard to obtain the best possible outcome for you, as their fee is contingent on the success of your case.

Do not underestimate the impact that an e-scooter accident can have on your life. It is essential to consult with an e-scooter attorney who can provide you with guidance and support during this difficult time. By hiring a professional who understands e-scooter laws and has experience in personal injury cases, you can rest assured that they will protect your rights while you focus on your recovery. Contact a Gainesville injury attorney today so you can move forward with confidence as you heal from your injuries.