Why You Need to Hire an E-Scooter Accident Lawyer

Why You Need to Hire an E-Scooter Accident Lawyer

E-scooters are an incredibly convenient way to reach your destination, especially in high-traffic areas. While these scooters offer great benefits, their popularity has resulted in a higher number of electric scooter injuries. The problem with e-scooters is that many drivers don’t know how to operate their vehicles safely around them. Plus, e-scooters are much harder to spot than standard-sized vehicles, further increasing the likelihood of a crash.

The Impact of an E-Scooter Accident

If you’ve been involved in an e-scooter accident, you may have sustained serious injuries that affect your daily life. Along with mounting medical expenses, you might also experience lost wages if your injuries prevent you from working. Fortunately, you have the right to file an insurance claim against the responsible party to seek compensation for your damages.

However, securing fair compensation can be challenging. Insurance companies often attempt to devalue or deny claims to protect their bottom line. To navigate these obstacles, hiring an experienced e-scooter accident attorney is crucial.

Electric Scooter Accident Statistics

Electric scooter accidents and injuries have been steadily rising in recent years. In the United States, the Consumer Product Safety Commission (CPSC) reported a significant increase in injuries related to micromobility devices, including e-scooters. In 2022, injuries associated with these devices rose nearly 21% compared to the previous year.

Between 2017 and 2022, there were an estimated 360,800 emergency department visits related to all micromobility devices. Fractures and contusions/abrasions were the most common injuries, with the upper and lower limbs, as well as the head and neck, being the most frequently injured body areas.

Additionally, a study by the University of California, San Francisco, revealed a notable increase in injuries from e-bikes and e-scooters. Between 2017 and 2022, e-scooter injuries increased from 8,500 to 56,800.

Common Causes of E-Scooter Accidents:

• E-scooter malfunctions – Defects in brakes, throttle, or other mechanical components can lead to crashes.
• Hazardous road conditions – Potholes, cracks, and uneven sidewalks pose significant dangers to e-scooter riders.
• Collisions with vehicles – Due to their small size, e-scooters are vulnerable in traffic and are frequently involved in accidents with cars and trucks.

California Electric Scooter Laws 2023

If you intend to continue using e-scooters going forward, it’s critical to be aware of California’s laws governing the usage of these vehicles. California Assembly Bill No. 2989 amended section 21235 of the Vehicle Code. The code now states that someone driving a motorized scooter may NOT: 

(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.

(b) Operate a motorized scooter on a highway with a speed limit over 25 miles per hour unless the motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour. The 15-mile-per-hour maximum speed limit for the operation of a motorized scooter specified in Section 22411 applies to the operation of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the highway.

(c) Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212, if the operator is under 18 years of age.

(d) Operate a motorized scooter without a valid driver’s license or instruction permit.

(e) Operate a motorized scooter with any passengers in addition to the operator.

(f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand on the handlebars.

(g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.

(h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders to grasp the normal steering grip area.

(i) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.

(j) Attach the motorized scooter or himself or herself while on the roadway, by any means, to any other vehicle on the roadway.

Something you may have noticed in Section C is that the requirement to wear a helmet only applies to those under the age of 18. While adults are not obligated to wear a helmet while operating e-scooters, you should consider equipping this invaluable protection. It can mean the world of difference if you suffer from an e-scooter accident and can protect against traumatic brain injuries. 

The Benefits of Hiring an E-Scooter Accident Attorney

Seeking legal representation after an e-scooter accident significantly increases your chances of securing fair compensation. Studies indicate that personal injury claimants who hire an attorney recover substantially higher settlements. According to a Nolo survey, claimants without legal representation received an average of $17,600, while those with attorneys recovered an average of $77,600.

How an Attorney Can Help:

1. Proving Liability: Identifying responsible parties is key to recovering damages. Liability may rest with a negligent driver, a municipality responsible for road maintenance, or even the e-scooter manufacturer in cases of product defects.
2. Negotiating with Insurance Companies: Insurers often attempt to minimize payouts. An experienced lawyer can advocate on your behalf to secure a fair settlement.
3. Maximizing Your Compensation: Beyond immediate medical costs, an attorney will factor in long-term expenses, lost wages, and pain and suffering to ensure you receive full compensation.

How Much Compensation Can You Recover?

The amount you can recover depends on the severity of your injuries and the determination of fault. California follows a pure comparative negligence system, meaning you can still recover damages even if you were partially responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were deemed 25% responsible, your total settlement would be reduced by 25%.

E-Scooter Insurance

If you file a claim against a driver or another party, their e-scooter insurance company will likely argue that you were partially or wholly responsible for the accident. They do this to reduce or deny your accident settlement. A personal injury lawyer can help you by proving that another party was at fault for your crash and that you weren’t responsible. Of course, this will depend on the specific circumstances surrounding your case and whether you violated any traffic laws at the time of the collision. 

Even if you weren’t at fault for the accident, the responsible party’s insurance company will still try to lower your electric scooter settlement amount. An experienced electric scooter accident lawyer can help you maximize your compensation by negotiating with the insurance company on your behalf.

Contact Sally Morin Personal Injury Lawyers Today

It’s critical that you contact an attorney as soon as possible after your accident so that you can begin the process of recovering full compensation. For experienced e-scooter accident attorneys in California, contact Sally Morin Personal Injury Lawyers. Our legal team will work to secure the money you deserve for your injuries. Call us anytime 24/7 at 877-380-8852, or schedule a free case evaluation online here.