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San Diego Scooter Accident Lawyer

Electric scooters have become a popular means of transportation. Although it provides convenience and affordability, it does come with some downsides that can be overlooked. One particular disadvantage is vulnerability. Sharing the road with drivers while having little to no protection available can put you at high risk of experiencing a serious or fatal injury. Not only that, but faulty parts may be present without you knowing about it until it triggers a collision.

These circumstances can lead to financial and emotional losses. Scooter accident victims who are harmed by a negligent individual or entity may be entitled to sue them to recover damages. At West Coast Trial Lawyers, our San Diego scooter accident attorneys will guide you through each stage of the legal process to make sure you get maximum compensation.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a free case evaluation, you may reach out to us by calling (619) 789-4494 or finishing our quick online contact form.

Baby blue electric scooter parked next to a railing at a pier.

San Diego Electric Scooter Accident Statistics

Electric scooter accidents have accounted for several micro mobility-related injuries. According to a recent report shared by the U.S. Consumer Product Safety Commission (CPSC), bodily damage caused by motorized scooters has risen 22 percent from 2021 to 2022. The research further discovered that the months of May through October had the highest percentage of scooter accident injuries. Other additional findings include the following:

  • 13 percent of riders were wearing a helmet moments before the crash, whereas 42 percent had on blinking lights or a head lamp.
  • Rental scooter-related accidents contributed to 37 percent of injuries in the emergency department.
  • 63 percent occurred on concrete roads.
  • 23 percent were triggered by poor lighting.
  • 11 percent was due to distractions, like cell phones or loud music.
  • 32 percent were holding an object while riding.

Common Causes of an Electric Scooter Accident in San Diego

Electric scooter accidents in the San Diego area can be caused by multiple factors. Below, we will discuss each one and what can be done to reduce the likelihood of it from occurring.

Inexperienced Scooter Rider

Inexperienced scooter riders may have a difficult time trying to navigate their way through traffic without making a particular mistake. Some common ones that are likely to occur are:

  • Ignoring traffic laws,
  • Making sudden stops or swerves,
  • Speeding, or
  • Executing poorly maneuvered decisions.

It is encouraged for people to get enough education and training done before operating a motorized scooter.

Driver Error

Drivers are required to provide a duty of care to others on the road, including electric scooter riders. If they fail to comply with San Diego traffic laws, it can ultimately lead to a collision. Negligent actions that can hold a driver accountable for a scooter accident include:

  • Distracted driving,
  • Failing to yield,
  • Impaired driving, and
  • Opening a car door without scanning your surroundings.

In such a case, the person using the scooter could face serious injuries due to lack of protection, and may file a personal injury claim to seek damages.

Road Hazards

Poor road conditions that contain potholes, debris, or dim lighting can cause a scooter rider to lose balance and fall off the motorized vehicle. The potential liable parties in this given scenario would likely be the government entity or property owner who maintains or controls the area. If it can be proven that they failed to provide safe conditions to others and did not resolve complaints in a reasonable timeframe, they may face legal consequences for their actions.

Bad Weather Conditions

Heavy rainfall or windy conditions can impact a scooter rider's ability to safely travel around San Diego. Such conditions can lead to:

  • Slippery surfaces,
  • Low visibility, and
  • Delayed braking.

If dangerous weather patterns are actively occurring in the city, scooter riders should consider a more protective form of transportation to take them to the destination they need to be at or to stay at home until it is reasonably safe to go out.

Manufacturing Defect

A new electric scooter will need to undergo maintenance checks to ensure it is fully functioning and responsive to commands before allowing consumers to purchase or use it. If a defect is present and it causes the rider to get into an accident, a legal dispute can be initiated against the individual or entity liable for the faulty product. Certain parties that are expected to face disciplinary action include the:

  • Electric scooter company,
  • Manufacturing facility,
  • Distributor,
  • Reseller, or
  • Maintenance services.

Product liability claims can be tricky, so be sure to find a personal injury law firm, like West Coast Trial Lawyers, to assist you.

Common Scooter Accident Injuries

Man in business attire and his electric scooter on the ground after suffering a scooter accident.

A motorized scooter does not have substantial protection to prevent harsh falls. Riders are vulnerable to brute force, and may endure serious or fatal bodily damage as a result. Common types of electric scooter accident injuries that are likely to occur include:

  • Spinal cord injuries,
  • Head injuries,
  • Bone fractures, and
  • Cuts and scrapes.

Injury victims should seek medical attention soon after an electric scooter accident. You may be given a diagnosis of your condition, which will be saved in your files along with your visits, prescriptions, and/or procedures. You can request a copy of these documents to use as proof that you were injured due to the other party's negligence.

Scooter Helmet Laws in San Diego

In San Diego, it is not required for adults to wear helmets while riding an electric scooter. However, under California Vehicle Code 21235(c), minors must have on protective headwear that complies with the standards set by the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).

Who Can Be Held Liable for a Scooter Accident?

To determine liability in a scooter accident, you will need to gather evidence that will help you prove the three elements of negligence, which are:

  • The defendant owed you a duty of care,
  • The defendant breached their duty of care, and
  • You sustained injuries and/or damages as a result of their reckless behavior.

You may also incorporate copies of receipts or medical records into your claim as additional proof that you endured financial and emotional losses.

Once you have collected enough proof, you should seek legal assistance from a San Diego scooter accident lawyer. They will assess the situation based on the information provided and establish what course of action to take to ensure you submit a strong personal injury claim.

How Long Do I Have to File a San Diego Scooter Accident Case?

You will be given two years from the date of when the injury occurred or was discovered to file a scooter accident lawsuit against the party responsible for your losses. If you fail to do this prior to the deadline, you will no longer qualify to recover compensation.

In certain cases, the statute of limitations can be tolled. For instance, if the defendant is a minor or lives out-of-state, it will be put on hold until the reason has ended. Then, it will start again.

What Damages Are Available in a San Diego Scooter Accident?

Each scooter accident case involves different factors, meaning that all injury victims will receive a different settlement than the other. Typically, economic damages and non-economic damages are granted. Under rare circumstances, punitive damages could also be added.

Economic Damages

Economic damages are financial expenses you encountered due to the scooter accident, like:

  • Medical bills,
  • Lost wages, and
  • Property damage.

Non-Economic Damages

Non-economic damages are intangible costs that are difficult to measure in monetary terms, such as:

  • Emotional distress,
  • Loss of enjoyment of life, and
  • Pain and suffering.

Punitive Damages

Punitive damages are awarded in roughly 5 percent of verdicts. It is used to punish the defendant by enforcing them to provide additional compensation, and to prevent similar conduct from happening again in the future. To earn punitive damages, you will need to present solid evidence that shows how the defendant committed fraud, malice, or intentional harm.

Our San Diego Scooter Accident Attorneys Are Here to Help

Scooter accident victims are entitled to file personal injury claims against liable parties to seek damages. At West Coast Trial Lawyers, our skilled San Diego scooter accident attorneys prioritize client satisfaction, and will provide quality services to make sure we meet your legal needs and expectations.

To schedule a free consultation, we welcome you to reach out to our 24/7 legal team by calling (619) 789-4494 or completing our easy online contact form.

More Resources

California Electric Scooter Law And Regulations

9 Safety Tips for Riding a Scooter

Steps to Take After a Scooter Accident

Scooter Accidents and Insurance Claims

Compensation for Pedestrian Hit by a Scooter Accident

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