What Happens if I Have an Accident with an Electric Scooter?

If you have an accident while riding an electric scooter in California, what happens depends on how the accident occurred, who was involved, and whether anyone was injured. The comprehensive electric scooter laws in California could mean fines, insurance claims, or most importantly for the purposes of this post, lawsuits.

Electric scooter accidents are quite frequent in dense urban areas like SOCal. These small vehicles are almost as powerful as motorcycles or mopeds, making them difficult to control. These claims are also very complex, as multiple parties, including the victims themselves, could be legally responsible for damage in a civil action. So, only the most experienced San Marcos personal injury lawyer should handle these cases.

Important Preliminary Matters

Under California law, electric scooters are motorized scooters. So, these riders must follow a few very strict rules. Failure to comply with them could compromise an accident claim in court.

Riders must be at least 16 years old and must have a valid drivers’ license or learner’s permit. Helmets are required for riders under 18 and strongly recommended for everyone.

During operation, scooters are generally allowed on roads with speed limits of 25 miles per hour or less, bike lanes, and certain paths, but not on sidewalks in many cities unless specifically permitted.

Immediately after an electric scooter accident, always put first things first. If you are injured, you should seek medical attention right away, even if the injury seems minor. Some injuries, such as concussions or internal injuries, may not be obvious at first. If the accident involves another vehicle or any serious injury, call 911 to make an official record.

Causation Issues

Multiple parties are often negligent in vehicle collision matters. Usually, the substantially responsible party must pay damages. A substantial cause isn’t the same thing as an exclusive cause.

If rider error,  such as riding too fast, ignoring traffic signals, or riding where scooters are prohibited, substantially caused the accident, you could receive a ticket or fine. You may also be responsible for your own medical bills and property damage. Electric scooter riders are usually uninsured motorists, so paying for injuries can be costly.

“Substantial cause” is a legal issue that a San Marcos personal injury lawyer must determine. So, even if an investigator or emergency responder said you were “at fault,” always speak to a lawyer.

If another person, such as a car driver who failed to yield or was distracted, substantially caused the accident, that driver may be legally responsible. In that case, you may be able to file a personal injury claim to recover damages such as medical expenses, pain and suffering, and missed school or work.

California is a comparative fault state. Multiple parties could, and often do, share legal responsibility. For example, if a driver was mostly at fault but you were partially at fault, your compensation may be reduced.

Special Issues in Scooter Rental Accidents

Accidents involving rental scooters (like Lime or Bird) are more complicated. These companies often add liability waivers to their user agreements, but those waivers do not always fully protect them. Additionally, a take-it-or-leave-it TOS agreement could be an illegal contract of adhesion.

If a mechanical problem, such as faulty brakes or a sudden shutdown, substantially caused the accident, the scooter company or manufacturer may be responsible under product liability or negligence laws.

Product liability actions are usually strict liability actions. Alternatively, a negligent failure to warn action is available in many cases.

Count on a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

dmv.ca.gov/portal/vehicle-registration/new-registration/motorcycles-mopeds-and-scooters/