Electric scooters have become one of the most convenient means of transportation in crowded cities across California. With companies like Bird, Lime, and Bolt offering easy access to scooters, it’s no wonder they have become popular among city dwellers. However, the convenience of these scooters also comes with risks. Knowing what to do after a scooter accident and understanding your legal rights can make a significant difference in the aftermath of such an event.
Immediate Steps to Take After a Scooter Accident
1. Seek Medical Attention
Your health and safety should always be your top priority. If you or anyone else involved in the accident is injured, seek medical attention immediately. Even if you don’t feel injured right away, it’s crucial to get checked by a medical professional to rule out any underlying injuries. Some injuries, such as concussions or internal bleeding, might not be immediately apparent but can have serious long-term effects.
2. Document the Incident
Gather as much evidence as possible from the accident scene. Take photos of the accident site, including any damage to your scooter, other vehicles involved, and any visible injuries. Capture the surrounding area, road conditions, and any traffic signs or signals that might have played a role in the accident. This documentation will be crucial for your insurance claim and any potential legal proceedings.
3. Exchange Information
Collect contact information, insurance details, and driver’s license information from all parties involved in the accident, including drivers, passengers, and pedestrians. Note the make, model, and license plate number of any vehicles involved, as well as the names and badge numbers of responding law enforcement officers. This information is vital for filing insurance claims and for any legal actions you might pursue.
4. Report the Accident
Notify the appropriate authorities, such as local law enforcement or the city’s transportation department. In California, it is often required to report accidents involving injuries or significant property damage. Obtain a copy of the police report for your records, as it may contain important details about the accident that could be useful in your insurance claim or legal proceedings.
5. Refrain from Admitting Fault
Avoid making statements or admissions of fault at the scene of the accident. Even if you believe you may have been partially responsible, refrain from discussing fault until you’ve had the chance to speak with a legal professional. Anything you say at the scene could be used against you later, so it’s best to limit your interactions with other parties involved and let your attorney handle communications with insurance companies or other parties.
Understanding Legal Considerations
Legal Rights of Scooter Accident Victims
Scooter accident victims in California are entitled to certain legal rights and protections under state law. Understanding these rights is essential for navigating the aftermath of an accident and seeking compensation for injuries and damages.
Right to Compensation for Damages
In California, scooter accident victims have the right to seek compensation for various damages resulting from the accident. These damages may include medical expenses, lost wages, pain and suffering, property damage, and other economic and non-economic losses.
Right to Establish Liability
Victims have the right to establish liability for the accident and hold negligent parties accountable. This may include other drivers, scooter companies, property owners, or government entities responsible for road maintenance.
Right to File a Personal Injury Claim
Victims can file a personal injury claim against the at-fault party or parties responsible for their injuries and damages. This legal action seeks to recover compensation for the losses suffered as a result of the accident.
Right to Legal Representation
Victims have the right to legal representation to protect their interests and advocate for their rights. An experienced personal injury attorney can provide valuable guidance and support throughout the claims process, ensuring that victims receive fair compensation for their injuries.
Right to a Fair Settlement
Victims have the right to pursue a fair settlement that adequately compensates them for their injuries and damages. This settlement should cover all past, present, and future expenses related to the accident, including medical treatment, rehabilitation, lost income, and pain and suffering.
Right to a Trial by Jury
If a fair settlement cannot be reached through negotiations, victims have the right to pursue their case in court. A trial by jury allows victims to present their case before a judge and jury, who will determine liability and award appropriate compensation.
What Causes Electric Scooter Accidents?
Electric scooter accidents can happen for various reasons and involve multiple parties. Common causes include:
1. Collisions with Vehicles
One of the most common causes of scooter accidents is collisions with motor vehicles. Drivers may fail to see scooters in their blind spots or fail to yield the right of way, resulting in accidents.
2. Road Hazards
Uneven pavement, potholes, debris, and other hazards can pose significant risks to scooter riders. Inadequate maintenance of roads and infrastructure can increase the likelihood of accidents, especially at night or in low visibility conditions.
3. Distracted Riding
Just as distracted driving can lead to car accidents, distracted riding can lead to scooter accidents. Checking smartphones, adjusting music, or engaging in other distractions while riding can increase the risk of accidents.
4. Speeding and Reckless Riding
Excessive speed and reckless behavior, such as weaving in and out of traffic or ignoring traffic signals, can increase the risk of accidents for scooter riders and others sharing the road.
5. Inexperienced Riders
Many scooter riders are inexperienced or unfamiliar with operating electric scooters, leading to errors in judgment or control that can result in accidents.
6. Mechanical Failures
Scooter malfunctions, such as brake failures or electrical issues, can also contribute to accidents. Poorly maintained scooters or manufacturing defects may be to blame in these cases.
7. Dooring Accidents
Dooring accidents occur when a car driver or passenger opens a car door without checking for oncoming scooter riders. The impact with a car door can cause severe injuries, necessitating medical care.
Who Can Be Considered Liable?
There is a wide array of people or entities that may be deemed liable after an electric scooter accident. Liability can extend to:
1. Scooter Companies
Scooter-sharing companies may be held liable for accidents caused by defective scooters, inadequate maintenance, or negligent business practices. If a scooter malfunctions due to a mechanical defect or lacks proper maintenance, the company may bear responsibility for any resulting accidents and injuries.
2. Negligent Drivers
Drivers of motor vehicles have a duty to exercise reasonable care on the road and avoid causing harm to others, including scooter riders. If a motor vehicle driver acts negligently—such as by speeding, running red lights, or failing to yield—and causes an accident involving a scooter rider, they may be held liable for the resulting injuries and damages.
3. Road Hazards
Entities responsible for road maintenance, such as local governments or property owners, may be held liable for accidents caused by hazardous road conditions. Hazards such as potholes, uneven pavement, debris, or inadequate signage can contribute to scooter accidents. If these hazards are known or should have been addressed by responsible parties, they may be held accountable for resulting accidents.
4. Other Scooter Riders or Pedestrians
Accidents can also result from the actions of other scooter riders or pedestrians. If another scooter rider or a pedestrian acts negligently and causes an accident, they can be held liable for the injuries and damages.
Types of Injuries Caused by Electric Scooter Accidents
Electric scooter accidents can cause severe injuries, both to the rider and to pedestrians. Common injuries include:
- Bruising and Lacerations: Cuts and bruises are common in scooter accidents, often resulting from falls or collisions.
- Road Rash/Burns: Abrasions from sliding on pavement can cause significant skin injuries.
- Fractures and Sprains: Broken bones and sprains are frequent due to the impact of falls or collisions.
- Traumatic Brain Injury (TBI): Head injuries, including concussions, can occur, especially if the rider is not wearing a helmet.
- Spinal or Neck Injuries: Severe impacts can lead to serious spinal or neck injuries.
- Facial or Eye Injuries: Collisions can cause facial fractures or eye injuries, sometimes resulting in long-term damage.
Compensation Available for Victims
Victims of electric scooter accidents may be entitled to various forms of compensation to help them recover from their injuries and address the financial losses incurred as a result of the accident. The compensation available for victims typically includes:
Medical Expenses
Victims are entitled to compensation for all medical expenses incurred as a result of the accident, including emergency room visits, hospitalization, surgeries, doctor’s appointments, medications, rehabilitation, and therapy. This compensation covers both past medical bills and anticipated future medical expenses related to the injuries sustained in the accident.
Lost Wages
Victims may be compensated for any wages or income lost due to their inability to work as a result of the injuries sustained in the accident. This includes compensation for missed workdays, reduced earning capacity, and any future income losses resulting from long-term disabilities or impairments caused by the accident.
Pain and Suffering
Victims are entitled to compensation for the physical pain, emotional distress, and mental anguish they experience as a result of the accident and their injuries. Pain and suffering damages are intended to compensate victims for the non-economic impact of their injuries, such as the loss of enjoyment of life, anxiety, depression, and PTSD.
Property Damage
Victims may be compensated for any property damage incurred as a result of the accident, including damage to their scooter or personal belongings. This compensation covers the cost of repairing or replacing damaged property, ensuring that victims are not left financially burdened by the accident.
Importance of Seeking Legal Assistance
If you’ve been injured in a scooter accident, navigating the legal process alone can be overwhelming. At Tofer & Associates, our team of experienced scooter accident lawyers is here to provide expert guidance and representation every step of the way. We understand the complexities of electric scooter accidents and are dedicated to helping you seek the compensation you deserve.
Contact Tofer & Associates today to schedule a free consultation and learn how we can assist you in your journey toward justice and recovery. Let us be your trusted advocates, fighting for your rights and ensuring that you receive fair and just compensation for your injuries and losses. Call us at 800-291-9000 or visit our contact page.
*Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Please consult with a qualified attorney to discuss your specific case.
