
Fullerton Scooter Accident Lawyer
Electric scooters have gained popularity in cities across Orange County, including Fullerton, providing a convenient and eco-friendly mode of transportation for residents and visitors alike. It is commonly used to navigate short distances around the area, whether it is for commuting, running errands, or for other personal reasons.
Despite these benefits, electric scooters have some downsides that can affect an individual’s safety. For instance, inadequate protection can increase the likelihood of serious injuries. Other challenges that may be presented include:
- Poor road conditions
- Reckless motorists
- Lack of scooter riding experience
As more electric scooters are being accessed, the higher the chances are of a collision. Each case involves unique challenges, requiring victims to establish a different approach to ensure it is being handled effectively.
If your scooter accident was caused by someone else’s negligence, you may be given the right to sue to secure compensation. At West Coast Trial Lawyers, our skilled Fullerton personal injury lawyers will hold the responsible party accountable for their negligence. We will fight tirelessly on your behalf to make sure we get you the best outcome possible.
We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation with an expert personal injury attorney, you can connect with our 24/7 legal team today by calling (213) 927-3700 or filling out our quick online contact form.
Types of Electric Scooter Accidents
Electric scooter accidents can be caused by various factors, from collisions with other drivers to falls stemming from mechanical issues. Let’s take a closer look at each type in the sections below.
Collisions with Motor Vehicles
A car accident involving a scooter rider can lead to catastrophic injuries. Collisions involving motor vehicles are one of the most dangerous, and often happen due to negligent drivers who commit either of the following actions that go against certain traffic laws:
- Make reckless turns or lane changes (CVC 22107)
- Failure to yield to all traffic (CVC 21804)
- Open a car door while interfering with oncoming road users (CVC 22517)
Rider Errors
Rider errors are typically triggered by:
- Inexperience
- Reckless behavior
- Poor judgment
Some will fail to follow traffic regulations, putting themselves at risk of an accident. Speeding, in particular, can make it difficult to react promptly to hazardous conditions. Distractions, like using a phone, is another problem that can obstruct a rider’s view of the road. And operating a vehicle while under the influence can cause riders to struggle with coordination and judgment, further heightening the risk of a collision.
Scooter Malfunctions
An individual who operates a faulty scooter may face one or more of the following issues:
- Difficulty braking on time
- Sudden power loss leaving the scooter unresponsive in traffic
- Punctured tires that can reduce traction
These factors can make it difficult for a scooter rider to properly navigate themselves in and out of traffic. Liability in such a case will vary.
A scooter must be kept in good condition, meaning that riders should perform regular inspections to ensure it is safe to use. Failing to do this could leave them in a dangerous position if worn-out or broken components are present.
A manufacturing defect is also possible. If it results from a scooter company or manufacturer, they could be held accountable under product liability law. This applies in cases where poor designs or defective parts are the primary cause of the crash.
If the scooter was associated with a rental company, they could possibly be at fault for failing to maintain or replace the damaged item. Ultimately, proving liability can be complex and may require an investigation to identify the probable cause of the incident.
Common Injuries in Electric Scooter Accidents
Electric scooter accidents can happen due to various factors, and may result in minor to severe types of bodily harm. Common injuries include the following:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal injuries
What to Do After an Electric Scooter Accident
In the aftermath of an electric scooter accident, it is important to consider doing the steps sectioned below to better your safety and likelihood of acquiring maximum compensation.
Reach Out to Local Authorities
Contact local authorities if you detect any injuries or damages. Police will arrive at the accident scene and conduct a written report. Paramedics will also show up to provide medical care to the affected parties.
Seek Immediate Medical Attention
You should seek immediate medical attention soon after the scooter accident, even if you think your injuries are minor. A professional will examine your condition to determine if you have any notable problems that require care. If so, medical treatment will be suggested soon after your diagnosis has been shared. All services you receive will be saved on file, including:
- Check ups
- Prescriptions
- Surgical procedures
Gather Evidence
Be sure to gather as much evidence as you can to develop a strong personal injury claim. This includes obtaining the following:
- Photos of your injuries, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical records
Speak with a Fullerton Scooter Accident Attorney
Getting in touch with a Fullerton scooter accident attorney can benefit you in many ways. They can:
- Investigate your case to determine fault
- Identify the liable party
- Handle settlement negotiations with the insurance company
- File a lawsuit and represent you in court if your case heads to trial
- Aggressively pursue compensation on your behalf to cover the losses you incurred
With legal representation, you can focus on your recovery without added stress while receiving expert assistance to fight against unfair offers or denied claims.
Proving Liability in an Electric Scooter Accident
Proving liability in a scooter accident will require you to gather evidence that demonstrates the elements of negligence. This includes the following:
- The defendant owed you a duty of care
- The defendant failed to uphold their duty of care
- The defendant’s carelessness caused you to sustain injuries
- You endured losses, like medical bills or emotional suffering, as a result of the scooter accident
Under California’s pure comparative negligence law, each party’s level of fault will be assessed, and damages will be distributed accordingly. Even if you are partially responsible for the collision, your pay will be reduced based on your percentage of fault.
So, if you were found to be 20 percent accountable, you can still secure 80 percent of your damages. This system allows fairness in cases where fault is shared amongst all parties involved. But, it also indicates that potential compensation could be limited due to partial contribution to the scooter accident.
Compensation Available for Scooter Accident Victims
Compensation for scooter accident victims will differ in each case due to unique circumstances. To calculate a reasonable settlement value, the following factors will be considered:
- The severity of your injury
- Percentage of fault
- Current and future medical expenses
- Lost income and earning capacity
To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by entering the losses you sustained as a result of the electric scooter accident.
Usually, economic damages and non-economic damages are awarded in a personal injury case.
Economic Damages
Economic damages are financial expenses you suffered as a result of the collision, like:
- Hospital bills
- Lost wages
- Property damage
Non-Economic Damages
Non-economic damages are losses that to do not have a direct financial value, but can still affect the victim’s life, such as:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Schedule a FREE Case Evaluation with West Coast Trial Lawyers
If you were involved in an electric scooter accident and are seeking legal assistance, West Coast Trial Lawyers is here to help. Our Fullerton personal injury lawyers will protect your rights and advocate on your behalf to make sure you receive full and fair compensation.
To schedule a FREE consultation, you can reach out to our personal injury law firm by calling (213) 927-3700 or completing our easy online contact form. We are available 24/7 to answer phone calls and form submissions.
Electric Scooter Accident Law FAQ
Are Electric Scooters Safe?
Electric scooters can be safe if they are used responsibly. But, accidents are still possible due to careless riding or poor road structure. It is important for scooter riders to consider the following safety tips to reduce the likelihood of a collision:
- Wear a fitted helmet, especially if you are under 18 (CVC 21235)
- Do not ride while under the influence
- Communicate with other motorists by using bike hand signals (CVC 22111)
- Maintain speeds of up to 15 mph (CVC 22411)
- Using bike lanes, if available (CVC 21230)
- Comply with traffic laws
- Have on bright or reflective clothing to appear visible to other drivers
Who Can File a Wrongful Death Claim After a Scooter Accident?
If a wrongful death was caused by a scooter accident, the deceased person’s beneficiary or family members can sue to recover damages. Under CCP 377.60, specific parties that are eligible to do this include:
- Surviving spouse or domestic partner
- Children or issue of deceased children
- Parents
- If there is no surviving issue of the decedent, it can be those who are entitled to the property of the decedent by intestate succession
Typically, the following damages are awarded in a wrongful death claim:
- Medical bills
- Funeral and burial costs
- Loss of financial support
- Loss of companionship
Can a Scooter Rental Company Be Held Liable for Accidents?
A scooter rental company, such as Lime or Bird, can be held liable for a collision if they provided faulty motorized vehicles for users to operate. This may also apply in cases where accidents and injuries were caused by inadequate safety instructions or warnings. Affected victims, like a Lime or Bird scooter rider, may pursue legal action against the responsible entity. But, if waivers were signed, it can limit the company’s liability for damages depending on the specific terms or applicable laws.
To learn what legal options you have available in such a case, you can get in touch with West Coast Trial Lawyers. Our Fullerton scooter accident lawyers can assess your situation and determine what necessary steps should be taken to ensure you receive a favorable outcome.
What If the Scooter Accident Was Caused by Poor Road Conditions?
If your scooter accident was caused by poor road conditions, the private property owner or government entity in charge of the area could face legal consequences for failing to maintain safe conditions. Lawsuits made against the government have strict deadlines.
In California, you will have six months to submit a claim. If it has been denied, you will be given six months from the date the rejection was mailed to file a small claims case. But, if the agency does not respond within 45 days, you typically have up to two years from your injury date to sue.
If you are unsure of how to proceed with this type of case, you can get in touch with West Coast Trial Lawyers and consult with one of our scooter accident lawyers to understand what legal options you have available.
How Long Do I Have to File a Scooter Accident Claim?
You will be given two years from the date of when the scooter accident occurred to file a personal injury claim. Be sure to collect as much evidence as you can and hire the right personal injury lawyer to guide you through each stage of the legal process.
If you do not fulfill these tasks on time, you can cause delays with your claim. And if you happen to exceed the statute of limitations, you will no longer have the opportunity of seeking compensation for the losses you incurred.
