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Valencia Scooter Accident Lawyer
Electric scooters are a convenient and eco-friendly mode of transportation. They are commonly used for short-distance travels when people are running errands or commuting to work. Although they come with such benefits, there are some unique challenges that are presented in terms of safety. Since scooter riders do not have sufficient protection, they are vulnerable in accidents. Injuries can be serious or life-threatening. The aftermath of such a collision may involve problems such as physical pain, emotional trauma, and even financial burdens.
But, if the incident was caused by someone else’s negligence, accident victims may be entitled to sue to secure compensation for the damages incurred. At West Coast Trial Lawyers, our Valencia personal injury lawyers can guide you through the legal process to ensure you get a favorable settlement. With over 20 years of experience handling personal injury cases and a strong track record of delivering client satisfaction, we are confident that our team will meet or exceed your needs. You can count on us to deliver the best outcome possible.
To schedule a FREE case evaluation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.
California Scooter Laws
California has established laws to provide clear guidelines on how scooters should be operated in public spaces. It helps ensure riders are using it safely and responsibly, aiming to reduce the number of accidents for riders and other road users.
Let’s take a look at some of the regulations that the state is currently enforcing:
- CVC 21221: Motorized scooters must comply with the same traffic rules as motor vehicles.
- CVC 21228: Although the law allows scooter riders to make a left turn under certain conditions, a safe alternative would be to dismount and walk.
- CVC 21229: Electric scooters should be ridden on bike lanes when available. But, they are allowed to leave the lane under some of the following circumstances: if they are passing another vehicle, preparing for a left turn, or avoiding hazards.
- CVC 21235: Scooter riders will need to have a valid driver’s license or permit. Minors are also required to wear fitted helmets.
- CVC 22411: Speed is limited to 15 miles per hour.
Common Types of E-Scooter Accidents
Several factors can contribute to e-scooter accidents. Below, we will go over some of the most common types and how they typically occur.
Motor Vehicle Accidents Involving Scooters
Scooter riders often share the road with cars, trucks, and motorcycles. Between these parties, they are usually the least visible, putting themselves at risk of traffic accidents. This problem typically happens during lane changes when motorists cannot see a scooter rider that is in a blind spot. Other than size, the following circumstances can also contribute to such an outcome:
- Driver distractions
- Failure to yield
- Impaired driving
- Sudden lane changes
Pedestrian and Scooter Accidents
To avoid heavy traffic, e-scooter riders might rely on sidewalks for faster commutes, but to some people’s surprise this particular action is prohibited in Valencia as regulations have been established to promote safer pathways for pedestrians to use.
This includes restrictions on using sidewalks for commutes and leaving a scooter on its side on any sidewalk (CVC 21235). As such, scooter riders who violate these laws will not only face legal consequences, but may also harm others in the process. With pedestrians being the most vulnerable road users, they are expected to endure serious or fatal injuries depending on the severity of the impact.
Single-Scooter Crashes
A single-scooter crash is when a scooter crashes due to elements that may or may not be their fault. There are many elements can lead to single-scooter crashes, such as:
- Road hazards
- Poor lighting
- Speeding
- Distractions
In addition, inexperienced riders are likely to misjudge turning angles or panic in challenging situations, making it difficult for them to safely navigate themselves in and out of traffic.
Rider Error
Scooter riders who do either of the following are at an increased risk of a crash:
- Riding at high speeds
- Making sharp turns
- Failing to comply with traffic signs or signals
Those traveling while under the influence of drugs or alcohol will further complicate matters as these substances will affect their judgment and reaction time to abrupt changes made on the road.
Electric Scooter Malfunction
Electric scooter malfunctions, such as brake failures or tire issues, can result in a collision. Many users will be unaware of these issues until it is too late to prevent an accident. Liability will typically fall on the rental company or manufacturer. In some cases, if the scooter is owned by the individual using it, they could be fully or partially at fault for not performing a reasonable inspection periodically.
Injuries From Scooter Accidents
Electric scooter accidents can lead to various levels of bodily harm, from minor scrapes to fatal injuries. Some common types include the following:
- Broken bones
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
What to Do After a Scooter Accident
After a scooter accident, try to remain calm and follow the steps sectioned below to protect your safety and legal rights.
Contact Local Authorities
If you notice any injuries or damages, contact local authorities. Police will arrive and conduct a written report. Paramedics will also be present to administer medical care to affected parties.
Exchange Information
Be sure to exchange insurance, vehicle, and contact information with everyone involved in the collision.
Seek Medical Attention
You should seek medical attention immediately after an electric scooter accident. Regardless of whether the injury site is minor, it is still important to get it checked to prevent the likelihood of it progressing into a worse condition. Your physician will evaluate the wounded area and establish a treatment plan to help with your recovery.
Preserve Evidence
Try to acquire as much evidence as you can, including:
- Photos of your injuries, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical records
Consult with a Valencia Personal Injury Lawyer
If you were involved in a scooter accident, reaching out to one of our Valencia personal injury lawyers can make a great difference in the outcome of your case. We can:
- Evaluate your situation
- Identify the responsible party
- Negotiate with insurance companies
- Get you a fair settlement
You can rely on us to get the job done while you focus on recovering without added stress.
Who Is Liable in an Electric Scooter Accident?
To determine liability in a scooter accident, you will need to demonstrate the following elements of negligence:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The defendant’s reckless behavior was the primary cause of your injury
- You sustained losses, like medical bills and emotional distress, as a result
Under California’s comparative negligence rule, all parties will be assessed to determine percentage of fault. This means that you can still recover compensation even if you share partial responsibility for the scooter accident. But, total pay will be reduced based on the amount of negligence committed. For example, if the defendant is 80 percent responsible for the collision and you are 20 percent responsible, your pay will be adjusted by 20 percent. So, if total damages are $100,000, you would be granted about $80,000 after the deduction is applied.
Wrongful Death in a Scooter Accident
Scooter riders are vulnerable road users who are bound to interact with poor road conditions and negligent drivers. Contact made between either of these factors can result in fatal injuries due to intense force and inadequate protection. Given the circumstances, the deceased person’s beneficiary or family member can pursue legal action to recover damages. Similar to establishing liability in other personal injury cases, the plaintiff will need to prove how the defendant owed the victim a duty of care, but failed to withhold it, ultimately resulting in their death.
Damages provided in such a case include the following:
- Medical costs
- Funeral and burial expenses
- Loss of financial support
- Emotional suffering
Time Limit to File a Personal Injury Claim
Under personal injury law, you will be granted two years from the date of when the incident occurred to file a claim. Although it seems like enough time to sue, you should act promptly to ensure you build a strong case against the opposing side. Be sure to acquire significant evidence and have the right Valencia personal injury attorney on your side.
Failing to fulfill these duties in a timely manner will cause delays and if you do happen to exceed the statute of limitations, you will no longer be given the opportunity to recover compensation. With that in mind, it is highly recommended to act promptly should you wish to file a personal injury claim.
Scooter Accident Compensation
Compensation for a scooter accident will differ in each case. The following factors are usually considered when determining a settlement value:
- The extent of your injury
- Percentage of fault
- Current and future medical bills
- 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 applying the expenses you incurred as a result of the collision. Generally, compensatory damages are awarded, and are categorized into: economic damages and non-economic damages.
Economic damages refer to financial costs you sustained in an electric scooter accident. This includes:
- Hospital fees
- Lost wages
- Property damage
Non-economic damages are subjective and refer to intangible losses that are difficult to measure in monetary terms, like:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Schedule a FREE Consultation with West Coast Trial Lawyers Today
If you or any of your loved ones have been in an electric scooter accident, you may be entitled to pursue compensation for the losses you endured. At West Coast Trial Lawyers, our expert Valencia personal injury lawyers are readily available to offer legal assistance. We will evaluate the information provided and determine what necessary steps should be taken to get you fair compensation.
To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.
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