San Jose Scooter Accident Lawyer

Electric scooters are rapidly becoming a reliable transportation alternative that allows users to speed through and bypass heavily congested areas in order to reach their destination faster. With electric scooter companies such as Bird and Lime offering their users a fleet of rentable scooters to use anytime throughout San Jose, it has made accessing them easier than ever before. However, this also means that the rate of electric scooter accidents occurring has also drastically increased as a result.

While electric scooters are an eco-friendly way to travel throughout the city, if the rider is unfamiliar with the nuances of riding an electric scooter throughout a city, then the chances of them getting involved in an accident increases significantly. As rentable electric scooters do not offer safety gear, such as helmets and elbow pads, this increases the likelihood of e-scooter riders to suffer a range of injuries from road rash to traumatic brain injuries.

With that in mind, if you or a loved one was injured in a scooter accident due to someone else’s negligence, you may be eligible to pursue compensation for your damages. At West Coast Trial Lawyers, our team of San Jose scooter accident lawyers are ready to take on your case and serve as your personal legal representative during this time in your life. With over 20 years of legal experience, our talented and dedicated team of attorneys are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our duty and watch out for their best interests to ensure that they are made whole. Whether you have been involved in an accident as a scooter rider or as a pedestrian, our experienced team of accident attorneys have seen them all and they are available to answer any questions or concerns you have regarding 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) 927-3700 or by filling out our quick online contact form.

Electric Scooter Accident Statistics

With the popularization of Bird and Lime scooter, there has been a dramatic increase in e-scooter accidents within the past couple of years. According to a micromobility hazard report from the US Consumer Product Safety Commission, they have discovered that the injury rate for electric scooters has been increasing at a rate of 23% annually from 2017 to 2022.

In the same report, they have deduced that electric scooter accidents have been gradually increasing by rates of almost 20% per year. One of the main reasons behind this increase is due to the lack of experience and knowledge new riders have when they rent out these scooters and as a result, they are more at risk at getting injured in an accident. While there has been many efforts to properly train and educate new riders on proper scooter etiquette, accidents still happen due to a variety of reasons such as negligence and recklessness.

Electric Scooter Laws

According to California’s DMV, electric scooters are defined as micromobility devices that are allowed to be driven on pathways such as bike lanes and trails. However, electric scooter riders must adhere to a list of rules and regulations that is outlined in California Vehicle Code 21235. Should any rider violate any of the following rules outlined, then according to California law, they would be subjected to a series of fines and tickets that is issued by the on-duty officer.

• A rider cannot operate a motorized scooter without a brake installed.
• A rider cannot operate a motorized scooter without wearing a properly fitted helmet, if the operator is under 18 years of age.
• A rider cannot operate a motorized scooter without a valid driver’s 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.

In addition to these rules, electric scooter companies may also ask for additional requirements to ensure that their users are legally able to access their rentable e-scooters. Should you are interested in using a rentable scooter, it is recommended to check their list of requirements.

Most Common Injuries In Scooter Accidents

From what is commonly seen in San Jose, brain injuries, spinal cord injuries, and road rashes are some of the most common injuries found in these types of accidents. While the severity of each injury will vary on a case-by-case basis, these e-scooter injuries can happen to anyone so if you have been severely injured in a scooter crash, it is important to seek immediate medical attention especially if you have sustained serious injuries. In addition, it is important to familiarize yourself with the scope of possible injuries if you wish to file a personal injury claim with an experienced attorney.

Brain Injury

Brain injuries are defined as a brain dysfunction caused by a forceful bump, blow, or jolt to the head. While the severity of a brain injury will vary on a case-by-case basis, it is vital that you seek medical attention as soon as possible, because even the most minor head injuries can still have lasting effects on the body and can possibly alter your quality of life.

While many question how often brain injuries are found in an electric scooter accident, a study conducted in 2021 has revealed that head and neck injuries accounted for about 28% of all e-scooter accident injuries in the United States and out of that percentage, about 32% of injured riders suffered from brain injuries. With that in mind, if you have sustained a serious injury such as a traumatic brain injury, it is imperative that you medical treatment and legal representation to ensure you get the help you need.

Road Rash

A road rash or sometimes referred to as a ‘road burn’ is a type of burn injury when skin scrapes against the road, causing friction between the two and leaves behind a burning rash. In the event of a scooter accident, if a rider is riding at high speeds and is thrown off, they will likely face a severe road burn especially if they are not wearing any kind of safety gear.

While this is another type of injury that the severity will be dependent on the speed and impact, these injuries can typically be healed quickly should proper medical care is applied. If not, then you risk the possibility of your road rash becoming infected and will require more intensive medical care.

Spinal Cord Injury

A spinal cord injury is when a person has sustained a direct injury to the spinal cord or to the tissue and nerves surrounding the spinal cord. Should the impact or injury is strong enough to damage the nerves, it can potentially affect how the spine sends and receives signals from the brain and to the rest of the body. As the spine has a limited ability to absorb impact, the severity of the injury will vary on a variety of factors such as location of the injury and the impact force.

It stands as one of the most severe injuries a person can sustain due to the associated high medical care costs because in severe circumstances a person can suffer paralysis. However, in more moderate accident scene, the injured riders may suffer chronic back pain. With that in mind, it is vital that you seek legal representation to recover a fair compensation, because suffering a spinal cord injury is a life changing injury that can drastically alter your day-to-day life.

How San Jose Electric Scooter Accident Attorneys Can Help You

A San Jose scooter accident lawyer can be a great asset to you should you wish to file a claim against the responsible party. By hiring a skilled lawyer for your personal injury case, they can process and submit all of the necessary documents required in order to file for a personal injury claim and become your personal legal representative to ensure that the responsible parties face justice for their actions.

In addition, they can negotiate with insurance companies and opposing counsel on your behalf to ensure that you receive the best settlement offer possible. While you can pursue and file personal injury cases on your own, the chances of receiving a lower compensation sum is significantly higher compared to those who hire an attorney to represent them, because the insurance company will try to minimize your compensation as much as possible to avoid making a considerably high payout.

Cost of Hiring a Scooter Accident Attorney

Generally speaking, scooter accident attorneys tend to charge either by an hourly rate or through a flat fee. However, most personal injury lawyers operate on a contingency fee structure for all of their cases, which means a client won’t have to make any upfront payments for any legal fees and will only have to pay unless their attorney either win or achieve a settlement offer from opposing counsel.

Should the hired attorney achieve either scenario, they would charge their clients a flat fee for their services and this can range anywhere between 25% to 40%, with most averaging around 33%. However, if you are worried about the value or potential of your claim, most lawyers offer a free case evaluation for all potential cases, so it is recommended to consult with them in full detail to get a good understanding about your case. With that in mind, it is recommended to consult with several attorneys to see which one can handle your case the best and get you the on the path of financial recovery.

What To Do After a San Jose E-Scooter Accident

If you have been injured in a scooter accident in the San Jose area, it is important that you take all of the necessary steps to ensure the you and the involved parties are physically well so you can continue with the next steps. As such, in the event of a scooter accident one of the first things you should do is to carefully assess the severity of the situation and call 911 if anyone requires immediate medical attention.

Should nobody requires immediate medical attention, it is vital to exchange contact information with everyone involved and document the scene as much as possible and this can include taking photos, videos, making police reports, and taking witness statements. Once you have done everything, you can take all of that information to an personal injury lawyer and you two can discuss the details of your claim and determine whether recovering compensation is a possible solution.

West Coast Trial Lawyers Is Here To Help

If you or a loved one were injured in a scooter accident, you may be eligible to recover compensation for your damages and other injuries. As filing personal injury cases can be a long and confusing process for those who are unfamiliar with the legal process, it is vital that you hire an experienced scooter accident lawyer to represent you and your best interests.

At West Coast Trial Lawyers, our team of electric scooter accident lawyers are ready to take on your case and give you the legal representation that you are looking for. We are a law firm that specializes in personal injury law and with over 20 years of legal experience, our team of attorneys are confident that they can get the maximum compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty to fight for them and get them the justice they deserve. Whether an accident occurred due to distracted driving, drunk driving, or plain recklessness, if you have suffered injuries due to someone else’s negligence, our team of attorneys will be there every step of the way and answer any questions 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 initial consultation today, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.

Frequently Asked Questions About San Jose Scooter Accidents

How Long Do I Have To File for a Scooter Accident Case?

According to section 335.1 of California’s legislation, all personal injury claims must be filed within two years of the accident date. It is recommended to file a claim as soon as possible, because filing a claim may become more time consuming than you realize. If you fail to file a claim before the two year mark, then you waive your right to collect compensation for any sustained damages such as medical bills, lost wages, and pain and suffering.

How Much Compensation Can I Receive for a Scooter Crash?

The awarded compensation for a scooter accident will heavily depend on the severity of the crash and what kind of injuries accident victims have sustained. For instance, should a person suffer a severe injury that has left them paralyzed from the waist down is eligible to recover compensation anywhere within the six to seven figure range due to the associated medical bills and emergency room visits. However, if you are interested in figuring out how much your claim is, check out our personal injury settlement calculator and find out how much you can recover!

Can I Sue Electric Scooter Companies for My Injuries?

Your ability to sue electric scooter companies will depend on very specific conditions such as whether they were negligent in their duty to provide users electric scooters that were in the most optimal condition, or failing to inform users about any serious risks regarding their scooters. While it is more difficult to sue electric scooter companies as opposed to a negligent or reckless driver in a car accident, it is not impossible, but it is recommended to consult with an attorney about it first.