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San Bernardino Scooter Accident Lawyer

Although electric scooters offer convenience for people who travel all throughout San Bernardino, many risks may arise with this type of transportation as it does not provide enough protection to riders. Safety concerns have increased, especially in high-traffic zones, such as the campus of California State University, San Bernardino (CSUSB), the Inland Center Mall, and even the downtown district close to the Court Street Square. The likelihood of a collision may also worsen if met with congested areas, like Hospitality Lane, where traffic conditions can change rapidly. These issues should be addressed to help reduce the number of scooter accident cases moving forward.

If you were involved in an e-scooter accident because of a negligent individual or entity, you may be entitled to sue them to recover damages. At West Coast Trial Lawyers, our skilled San Bernardino e-scooter accident lawyers are readily available to take a look at your case. Once we assess the information provided, we will determine what necessary steps should be taken to ensure you get the compensation you are entitled to.

Our team has over 20 years of experience handling personal injury cases and a proven track record of achieving client satisfaction. Our client-prioritized approach has not only led us to successful results, but also long-lasting professional relationships. Because of this, we are able to effectively comply with legal needs and provide personal services that can help simplify the legal process.

To schedule a FREE consultation with an experienced San Bernardino personal injury lawyer, we welcome you to reach out to us by calling (213) 927-3700 or filling out our quick contact form.

What Are the Statistics on Scooter Accidents?

An injured person after getting in a scooter accident.

Although scooter accident data pertaining to San Bernardino is limited, the city has a population of about 224,775 residents. To better understand the potential risks involved with riding a micromobility device, we can take a look at some national trends below.

A study focused on motorized scooter accidents in the United States claimed that, between 2013 to 2018, a total of 1,191 people suffered injuries in a scooter accident, with 10.9% transported to a hospital for further medical attention. This results in an estimated 862 hospitalizations, and about an average of 6.7 deaths each year. The leading cause of such cases involved falls (60%) and motor vehicle accidents (25%). 

Another report shared that, between 2014 and 2019, roughly 70,644 emergency department (ED) visits were made for electric scooter injuries. The average age of patients were 31.3 years, and 63.9% were men. The number of cases continued to increase, with 4,881 admissions in 2014 to 29,628 in 2019. This drastic change happened around 2017 and 2018, when ED visits practically doubled, going from 8,269 to 15,522.

A more recent analysis surrounding micromobility injuries stated that these cases have increased by 21% in 2022 compared to the previous year based on reports provided by the U.S. Consumer Product Safety Commission (CPSC). These injuries have grown since 2017, with an estimated average of 23% annually.

E-scooters were one of the main factors that contributed to the increase in cases. About 36% of all injuries involved children. Most of these involved broken bones and abrasions to the head, neck, and limbs. The report also indicated fire risks pertaining to lithium-ion batteries, urging people to use certified products and comply with charging guidelines. With a total of 233 deaths between 2017 and 2022, the CPSC urges riders to understand the importance of helmet use and safe riding practices to prevent serious accidents.

What Are the Most Common Injuries in Scooter Accidents?

Bodily harm in a scooter accident may result in minor scratches to severe injuries. Some that may arise soon after a collision include the following:

  • Broken bones
  • Abrasions and contusions
  • Head injuries
  • Neck injuries
  • Spinal cord injuries
  • Traumatic brain injuries
  • Facial injuries
  • Soft tissue injuries

The most common occurrences of e-scooter-related injuries were from May through October. In addition, it was noted that fires posed a significant hazard amongst all micromobility devices, causing a total of 19 deaths from January 1, 2021 to November 28,2022. Victims can also suffer an emotional and psychological toll after such an event.  

If you sustained injuries as a result of a scooter accident, it is encouraged to seek immediate medical attention as soon as possible to prevent conditions from worsening. A medical or mental health expert will evaluate you, report a diagnosis, and provide the appropriate care needed to help you with the recovery process.

Common Electric Scooter Accidents

Scooter accidents can be caused by various factors. Let’s take a closer look at each one in the sections below. 

Rider Error

A woman who was injured in a electric scooter accident.

Scooter accident cases may arise due to various reasons. Having little to no understanding of how to properly operate a micromobility device can lead to complications, particularly with balance, steering, and braking. Risks may worsen if a person is traveling at excessive speeds as this can make it difficult to maintain control, especially when attempting a sharp turn in hilly or uneven areas, like Kendall Drive near Shandin Hills, where a change in elevation can catch riders off guard.

Unfamiliarity with traffic signs and signals is another notable factor that could put the scooter rider in harm’s way as it can contribute to dangerous decisions, such as running red lights or failing to yield the right of way in high-traffic areas, including Downtown San Bernardino near Carousel Mall or the Sierra Way near the DMV.

Loss of Control

Slip and fall accidents will occur when a rider loses balance, brakes too hard, or is attempting a sharp turn. Scooters have small wheels, meaning that if it is met with rough or slippery surfaces, it can affect balance and control. In San Bernardino, such issues may arise in particular areas, including Waterman Avenue and Baseline Street, where uneven pavement and confusing traffic patterns are presented. 

Busy zones, such as Hospitality Lane, may also raise the probability of instability. If direct contact is made with the ground, it can cause the rider to fall and land awkwardly, thus resulting in injuries, such as bone fractures, sprains, and brain injuries (especially if no fitted helmet is on).

Negligent Driver

A person texting and driving.

Drivers must provide a duty of care to other road users. Failing to follow traffic signs and signals may result in a higher likelihood of car accidents involving scooter riders. This is particularly true in high-crash locations, like North Sterling Avenue and East 5th Street and Waterman Avenue and Baseline Street, all of which are known for collisions involving negligent drivers who do either of the following:

  • Speeding
  • Distracted driving
  • Impaired driving 

Since scooters are much smaller in size when compared to a standard vehicle, they will appear less visible on the road, putting them in a vulnerable position. In complex intersections, like East Date Street and Del Rosa Avenue or Orange Show Road and E Street, this specific problem can quickly lead to serious or fatal accidents when met with careless motorists.

Pedestrian Liability

Pedestrian accidents involving scooter riders are likely to occur under either of the following scenarios:

  • Jaywalking or going against traffic signals. Electric scooter riders who are met with pedestrians that walk on popular roads on a late notice may have to quickly brake or swerve to avoid contact. However, if there is very limited time left for them to react, it could potentially result in a crash.
  • Walking while distracted. If a pedestrian is texting, listening to music, or daydreaming, they could occupy scooter lanes or paths without paying attention to oncoming riders.
  • Standing or walking in bike lanes. Pedestrians who do this may pressure riders to move off course, putting their safety at risk.

Mechanical Failure

A broken electric scooter on the sidewalk.

Electric scooter riders who encounter brake failure, sudden acceleration, or flat tires may be at risk of an accident. If either of these parts do not work as intended, it can lead to loss of control. This can cause the rider to fall off or get involved in an accident. Such failures can be caused by improper maintenance and manufacturing defects. Since scooters are lightweight and have inadequate built-in safety features, even a minor issue can contribute to serious injuries.

For instance, if you are riding a defective scooter through intersections, like Waterman Avenue and Baseline Street or North Sterling Avenue and East 5th Street, it can likely result in severe injuries or even death. This is because of fast-moving traffic and frequent lane changes done by motorists. In such an environment, any sudden loss of control can trigger a rider to make direct contact with oncoming traffic or crash into a vehicle or fixed object. 

If an accident occurred as a result of a defect, scooter companies and manufacturers may face legal consequences for negligence or breach of warranty.

What Are the Laws Around Electric Scooters?

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There are various laws established surrounding electric scooters in San Bernardino. Let’s take a look what is enforced:

  • Riders will need to be at least 16 years old and have a valid California driver’s license or learner’s permit (CVC § 21235(d)).
  • Helmet use is required for riders who are under 18, but is strongly recommended for adults to wear ((CVC § 21235(c)).
  • Scooter riders will need to comply with the same road rules as others (CVC § 21221).
  • When making a left turn, riders will need to dismount and cross the intersection like pedestrians instead of turning in the flow of traffic (CVC § 21228(b)).
  • Scooters are allowed on Class ll bicycle lanes (CVC § 21229).
  • A rider cannot operate a motorized scooter while under the influence of drugs or alcohol or combined (CVC § 21221.5).
  • A rider is not allowed to operate a scooter on roads that have a posted speed limit of over 25 mph unless it is on a Class ll or Class IV bikeway (CVC § 21235(b)).
  • Riding on sidewalks or crosswalks is prohibited, and the only exception will be if you are entering or leaving adjacent property (CVC § 21235(g)).

The city has its own local ordinances covering micromobility devices. According to San Bernardino County Code §28.0309(d) does not allow scooters within fenced skateboard/skating areas. In addition, San Bernardino Municipal Code §10.24.100, roller skates, coasters, or similar toy vehicles cannot be used on any roadway. Even though this does not mention scooters, it does emphasize general restriction when it comes to recreational wheeled devices presented in traffic areas.

Violations will result in fines, and will vary based on the offense. For instance, if you are traveling at speeds that exceed 15 mph, you may be charged up to $250. Failing to wear a helmet could be up to $200, and riding on sidewalks or without a valid driver’s license or learner’s permit may be around a $200 fine.

How to Determine Liability in an E-Scooter Accident

A close-up definition for the word 'Liability'.

Determining liability in a San Bernardino scooter accident claim will require you to identify the at fault party. In such a case, the defendant could be either of the following:

  • Drivers
  • Other e-scooter riders
  • Pedestrians
  • Scooter companies
  • Scooter rental companies
  • Scooter manufacturers
  • Property owners
  • Government entities

Collecting evidence is important to strengthen your case. This can consist of photos and video footage of the accident scene, along with gathering witness statements. It is also encouraged to acquire a copy of the police report and your medical records. Be sure the information you have at hand can help you prove the elements of negligence, which include the following:

  • The defendant had a legal obligation to act with reasonable care.
  • The defendant did not meet the required standard of care.
  • The defendant’s behavior caused you to sustain injuries.
  • You suffered actual losses, like medical bills and emotional distress, as a result of the scooter accident.

Since California follows pure comparative negligence law, all parties may receive adjusted compensation based on percentage of fault. So, if total damages are $100,000 and you are 20% liable, you may be awarded an estimate of $80,000.

E-Scooter Accidents and Wrongful Death

If a person died in a scooter accident as a result of someone else’s negligence, a wrongful death claim can be filed. Under California Civil Code of Procedure 377.60, the following individuals may seek compensation:

  • Surviving spouse
  • Domestic partner
  • Children
  • Grandchildren
  • Anyone who is entitled to the property of the decedent by intestate succession

Recoverable damages in a wrongful death lawsuit include funeral and burial expenses, medical bills, loss of financial support, and loss of companionship. You will be given two years from the date of the victim’s death to submit your claim. The discovery rule may also apply if you learned about the cause of their passing later than the initial date of.

How Much Are E-Scooter Accident Claims Worth in San Bernardino?

A pen about to fill out a check.

Electric scooter accident claims do not come with a fixed value. Settlements will vary based on the factors involved in the case. Minor injuries will typically result in lower compensation compared to catastrophic injuries that require surgery or have lasting impairment. Generally, economic and non-economic damages will be awarded in such cases.

Economic damages are financial losses that are easy to measure in monetary terms, like medical expenses and lost wages. Non-economic damages are intangible losses that do not have a direct dollar amount, but still have the ability to affect your life. This may include emotional distress and pain and suffering. 

To learn what you could be eligible for, you can enter the losses you sustained into our personal injury settlement calculator.

How Long Do I Have to File a Personal Injury Claim in San Bernardino?

Injured victims are given two years to file a scooter accident claim in San Bernardino. Failing to have this done prior to the deadline can cause you to lose your chances of securing full financial recovery. However, there are a few exceptions that can modify the time limit. For instance, if you did not immediately notice the injury, the time frame may begin when bodily harm is or should have been discovered. 

Tolling is also possible if the plaintiff is a minor. When the reason has ended, the statute of limitations will start again. 

To help better your likelihood of getting a favorable settlement, you should seek legal assistance from an experienced personal injury lawyer who has a solid reputation of handling scooter accident cases. They will provide the guidance and support needed to ensure no mistakes are made throughout the duration of the lawsuit, and will pursue compensation on your behalf.

Get Help From Our San Bernardino E-Scooter Accident Lawyers Today

A row of attorneys from West Coast Trial Lawyers.

If you were involved in an e-scooter accident, our skilled San Bernardino legal team at West Coast Trial Lawyers can provide the knowledge and expertise needed to get you a successful outcome. We will defend your legal rights, negotiate with the opposing side, represent you in court (if needed), and get you the financial compensation you deserve.

To book a FREE consultation, we welcome you to reach out to us by calling (213) 927-3700 or completing our easy online contact form.

Frequently Asked Questions About San Bernardino Scooter Accident Claims

What to Do if You Hit Someone on a Scooter?

If you hit someone while riding a scooter, try to take prompt action. You should stop and check for the individual’s condition. If injuries are present, you should contact 911 as soon as possible. Be sure to stay at the accident scene until authorities arrive. Exchange contact and insurance information with the injured victim(s), and document the scene by taking photos or video footage. 

You will also need to cooperate with the police. They will create an official report that will include important details that will be needed for insurance claims or legal matters. You should also notify the insurance company about the incident and think about reaching out to a San Bernardino personal injury attorney  to understand your legal rights and options. Considering these steps will ensure the situation is being handled properly.

Can Electric Scooters Go on the Street?

Electric scooters are allowed on streets and bike lanes in San Bernardino. However, specific restrictions are set in place and will need to be followed. Riders must be 16 years old and have a valid driver’s license or learner’s permit. Fitted helmets are also a requirement for minors.  Motorized scooters should be used on available bike lanes and travel up to maximum speeds of 15 mph on public roads.

How to Prevent an E-Scooter Accident?

Preventing an electric scooter accident will require riders to implement safe practices during each trip. Below are some tips that should be considered:

  • Wear protective gear, like a fitted helmet and knee and elbow pads for additional protection.
  • Understand local rules and ordinances to know how and where you can ride an e-scooter.
  • Check the condition of your electric scooter before going out for a ride.
  • Wear bright or reflective clothing to look more visible to other road users, especially at night.
  • Comply with traffic signs and signals.
  • Maintain a safe riding speed that will allow you to react to sudden road changes or obstacles promptly.
  • Be sober while operating a motorized scooter. 

Following these guidelines can help reduce the risks of a scooter accident and give you a secure riding experience.

How Much Do Accident Lawyers Charge in California?

Most accident lawyers will operate under a contingency-fee basis, meaning you are not required to pay upfront fees for legal representation. Instead, they will be paid a percentage of the settlement they recovered on your behalf. This will vary based on how far the case progresses. Some lawyers may provide lower rates for simple cases, whereas difficult or high-risk situations may have higher fees. Be sure to review your free agreement to understand how costs will be handled.

How to Choose the Best Scooter Accident Lawyer?

Choosing the best scooter accident lawyer will require you to take the time to thoroughly research your options and select someone who has experience handling such cases. 

Start by focusing on law firms who specialize in personal injury law. These lawyers will have more familiarity with the rules and risks pertaining to electric scooters. You should then check for experience and track record to see how well they have been handling negligence claims similar to yours. 

Client testimonials and online reviews can give you more insight into their professionalism and if others were satisfied with the services provided. Once you have chosen what you believe appears to be an excellent lawyer, you can proceed by scheduling a consultation, which is often free for most law firms, including West Coast Trial Lawyers. From there, you will know whether they meet your qualifications. If so, you can hire them to protect your rights.

What to Say to an Accident Lawyer?

When speaking to an accident lawyer during a first consultation, you should present yourself by being honest and thorough so they can get a full understanding about your situation. Be sure to explain when and how the accident happened, along with specific details covering the conditions surrounding the scene, what you were doing before and after it happened, and how the opposing side was involved. 

If you suffered injuries and received immediate medical care, be sure to make note of that. You can present photos, medical records, and a copy of a police report to use as supporting evidence for your personal injury claim. When dealing with experienced attorneys, ask them how they have handled these types of cases, what they charge for such services, and what the value of your settlement could be based on the information provided. Transparency will help them develop a well-constructed claim to better your chances of securing fair compensation.

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