There is no denying that e-scooters are becoming one of the most commonly used methods of travel in public transportation. With electric scooter companies such as Bird and Lime offering easy access to operate these scooters, many people have become more interested in taking one out for a ride. E-scooters can be seen parked in various areas around Pasadena, including the Pasadena Community College campus, public parks, and even near business buildings where people are rushing to get to work on time. Even though e-scooters are convenient to use, they may also carry a high risk of accidents or death.
At West Coast Trial Lawyers, our personal injury attorneys are ready to represent you and give you the legal guidance you need to win. With over 20 years of legal experience, our team of attorneys handle every case with the utmost care and respect that it deserves and they are confident that they can get you the maximum compensation you deserve for your losses.
We have recovered over $1.7 billion in financial compensation to our clients, and whether you have got into an accident as a scooter rider or a pedestrian, our talented and compassionate team of lawyers are ready to fight for you. As personal injury cases can be a confusing process for those unfamiliar with the legal system, our scooter accident lawyers are available 24/7 to address any legal issues or concerns you have about your case.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700ย or by filling out our quick online contact form.
Electric Scooter Laws
According to California’s DMV, an electric scooter is defined as a micromobility device that has two wheels, an electric motor, handlebars, and a floorboard that you can stand on while riding it. Scooter riders are allowed to drive them on bicycle paths, trails, and bikeways, however, they cannot exceed a speed limit of 15 mph.
According to California Vehicle Code section 21235, there is a list of rules and regulations of what motorized scooter operators should not do. If anyone is caught breaking any of the following rules, they would be subjected to traffic violations and tickets by the issuing officer.
- A rider cannot operate a motorized scooter without a brake installed.
- A rider under 18 years of age cannot operate a motorized scooter without wearing a properly fitted helmet.
- A rider cannot operate a motorized scooter without a valid driverโs license or instruction permit.
- A rider cannot operate a motorized scooter with any additional passengers.
- A rider cannot operate a motorized scooter while carrying a package or items that prevents them from keeping at least one hand on the handlebars.
- A rider cannot operate a motorized scooter upon a sidewalk.
- A rider cannot operate a motorized scooter on the highway.
- A rider cannot leave a motorized scooter lying on its side on any sidewalk.
- A rider cannot attach the motorized scooter onto themselves or to any other vehicle on the road.
Common Causes of Electric Scooter Accidents
While the ease of access and use of electric scooters encourage people to utilize them as a daily transport method, the chances of getting into an electric scooter accident can happen at a moment’s notice. As with any mode of transportation, there is a certain level of risk that is involved, especially when riding rentable electric scooters. In fact, the most frequent causes of electric scooter accidents are reported to be reckless behavior, negligent drivers, and road hazards. If you have been involved in a scooter accident in Los Angeles county, it is important to understand the subtle nuances of each cause when you discuss your case with an electric scooter accident attorney.
Reckless Behavior
Due to the accessible nature of rentable electric scooters, riders may take advantage of the e-scooter they are using by riding at high speeds or performing dangerous stunts while on the road. Reckless behavior could become difficult to control when making a sudden brake or swerve and, as a result, it can potentially lead to a collision with a motor vehicle or pedestrian. In addition, should people with little to no experience using an e-scooter could put themselves in a dangerous situation. Should either scenario occur, the scooter operator can be held liable for any serious injury or property that has occurred.
Negligent Drivers
Negligent drivers are defined as people who intentionally do not follow the rules of the road. Depending on the negligence of their actions they could put their lives at risk as well as others nearby. As negligence is applicable to any driver on the road, both electric scooter riders and car drivers can become potentially liable for damages, depending on the nature of the accident.
However, considering how electric scooters are smaller than cars and motorcycles, they are more difficult to see on the road and the car drivers must be more attentive especially if they are traversing through an area that is filled with electric scooters. This does not mean that electric scooter riders are exempt from following any basic traffic laws, as according to California Vehicle Code section 21235, they must uphold all necessary rules and regulations, if not then they can become liable for all damages.
Road Hazards
Road hazards are defined as dangerous conditions that can very likely cause an accident to occur. For instance, faulty pavements, potholes, debris, and loose gravel can all trigger an electric scooter accident by having the rider lose control as they try to navigate through such conditions. Due to the nature of these hazards, it is difficult to hold a certain party liable for damages unless there is a clear line of negligence and actions that lead to the creation of the road hazard. In addition, a scooter company cannot be held liable for damages should their motorized scooters were forced to drive through dangerous conditions.
Common E-Scooter Injuries
Electric scooters do not offer any protection for the rider if they were to get into an accident. Should e-scooter riders get into an accident they may face the worst types of injuries such as brain injuries, spinal cord injuries, and road rash. As such, if you have been injured in an electric scooter accident, it is highly urged to contact an experienced personal injury attorney to help get you started on the process of filing a claim.
Brain Injury
Brain injuries are defined as a brain dysfunction caused by a forceful bump, blow, or jolt to the head. The severity of a head injury will be dependent on the nature of the accident, but a study conducted in 2021 has indicated that in 2017, head and neck injuries accounted for about 28% of all e-scooter accident injuries in the United States. Out of that percentage, about 32% of injured riders suffered from brain injuries, while 11% have suffered concussion. So if you have been involved in an electric scooter accident and are believed to be suffering any symptoms of a brain injury, it is highly recommended that you seek a medical professional before your condition gets worse.
Road Rash
A road rash is a type of friction burn when skin scrapes against the road. If a scooter rider is driving at high speeds and is thrown off, they will likely face a severe road burn in addition to suffering from any fall damage. Any kind of scooter accident where the rider falls will result in a degree of road burn, but the severity of the rash will be dependent on the speed, impact, and skin exposure. If you do not properly treat the burn, infections or permanent scarring may occur, so it is important to treat it as soon as possible.
Spinal Cord Injury
A spinal cord injury is defined as a direct injury to the spine and to the bundle of nerves located throughout the spine. If an electric scooter rider forcefully lands on their back, they will likely damage an area of their spinal cord, such as the cervical segment, thoracic segment, or lumbar segment. As the spine has a limited ability to absorb impact, the level of pain and recovery for this type of injury will vary depending on the impact of the fall and what area was mostly affected by it. Depending on the severity of the injury, it can either lead accident victims throughout a lengthy recovery or experience long-term health complications.
Who is Liable After an Electric Scooter Accident?
Generally speaking, whoever has caused the accident in question would be held liable for all sustained injuries and damages. However, depending on the nature of the accident, multiple parties that are involved would share the liability based on how responsible they were in causing the scooter accident.
According to California Civil Code 1431.2, California abides by a pure comparative negligence model, which means that if the accident victim was partially responsible for causing the scooter accident, then their awarded compensation will be reduced based on how liable they were in causing the accident.
For example, if a scooter rider was 30% responsible for causing the accident in question, then 30% of their awarded compensation would be reduced to take account of their liability. So if you were involved in a scooter accident and are unsure about how liable you are, it is recommended to consult with a personal injury attorney.
West Coast Trial Lawyers Is Here to Help
If you were involved in an electric scooter accident and have sustained serious injuries, you may sue and recover damages. As filing personal injury claims can be a difficult process for those unfamiliar with the legal process, it is important to seek out the expertise of a personal injury lawyer who is well versed in handling electric scooter accidents.
At West Coast Trial Lawyers, our team of electric scooter accident attorneys are ready to take on your case and serve as your trusted legal counsel. We are a personal injury law firm with over 20 years of legal experience and our attorneys have handled a variety of cases from the simple to the complex. As a result of their experience, they are confident that they can get you the full and fair compensation you deserve for your losses.
We have recovered over $1.7 billion in financial compensation for our clients and we will continue our duty to guide them throughout the legal process and fight for their rights. Whether you have got into an accident involving a negligent scooter operator or suffered injuries due to a series of scooter malfunctions, our attorneys have seen them all and will answer any question or concerns you may have regarding your case.
We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation today, we welcome you to reach out to our legal team by calling us at (213) 927-3700ย or by completing our easy online contact form.
