
Visalia Scooter Accident Lawyer
Electric scooters are a convenient form of transportation, particularly for short commutes to work or school. However, it can come with some serious risks. With no adequate protection available, riders are bound to sustain severe injuries if struck by another vehicle or road hazard.
If you were involved in a scooter accident due to someone else’s negligence, you may be given the right to file a personal injury claim against them to recover damages. At West Coast Trial Lawyers, our Visalia team has over 20 years of experience handling personal injury cases and more than $1.7 billion in settlements recovered on behalf of our clients.
Our law firm has a solid understanding of what legal issues may arise with such cases. While each situation is unique, we remain determined to provide thorough representation. We will evaluate your case, explore your legal options and rights, establish fault, and develop a strategic approach against the opposing side to ensure you are given the compensation you deserve.
To set up a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.
What Are the Most Common Causes of a Scooter Accident?
Scooter accidents can happen when you least expect it to, often without any warning. While these vehicles are designed for convenience, riders may encounter various hazards when traveling on the road. Let’s take a look at what specific factors can compromise your safety.
Driver Negligence
Under California law, drivers are required to provide a duty of care to others. The following regulations have been established to ensure vehicle operators maintain safe conditions:
- CVC 23123: Drivers cannot use a handheld wireless telephone or electronic device while operating a vehicle unless it is done in a hands-free manner
- CVC 23123.5: Drivers are prohibited from texting or manually using an electronic wireless communications device to read, write, or send a text message while operating a vehicle unless the device is mounted and has a voice-operated and hands-free operation
- CVC 23124: Drivers under 18 cannot use a wireless telephone or electronic device regardless of whether it has hands-free features
- CVC 22517: No individual should open a car door next to moving traffic unless it is reasonably safe to do so and can be done without obstructing the flow of such traffic. The door should also not be left open longer than necessary to load or unload passengers.
If they fail to comply with these regulations, they can put scooter riders at risk of a car accident. Even opening a car door without checking for oncoming traffic can cause serious injury to a scooter rider, especially if they are traveling at speeds of up to 15mph as this can result in aggressive contact.
Inexperienced Riders
Inexperienced riders are not entirely familiar with how a scooter works. They could have trouble balancing themselves, braking suddenly, or navigating their way in and out of traffic safely. Without knowing the rules of the road or how to handle complicated situations, like making turns or approaching uneven pavements, they are more likely to lose control. The factors can increase the risk of a fall accident, which can lead to serious injuries due to inadequate protection available.
Road Hazards
Road hazards, such as potholes or cracks, can be dangerous to scooter riders. Since they operate on small wheels, they have less stability compared to standard cars or bikes. Even minor contact with an obstacle can trigger them to lose balance and fall down. These issues are usually unexpected, giving riders insufficient time to react promptly and cautiously.
In addition, poorly structured roads can increase the risk of scooter accidents. When a rider is attempting to swerve to avoid hazards, they could end up crashing into a nearby vehicle or even a pedestrian.
Scooter Malfunction
A scooter malfunction, like damaged brakes or faulty tires, can result in loss of control, leading to falls or accidents that can involve serious injuries. If this applies to you, you may be entitled to file a product liability claim. This can fall into three categories:
- Design defects: The scooter design was not safe
- Manufacturing defects: Problems appeared during the production process
- Failure to warn: Inadequate instructions or warning signs were not presented to cover potential risks
Other Road Users
Other road users, like cyclists and pedestrians, can contribute to a scooter accident in several ways. For instance:
- Cyclists who are riding too closely to a scooter rider or unexpectedly crossed paths with one can cause bicycle accidents.
- Pedestrians can unintentionally trigger a collision by suddenly stepping into a scooter rider’s path, particularly in crowded areas or crosswalks. This can force riders to lose control as they try to avoid crashing directly into them. But, if there is not enough time to react quickly, it can ultimately result in a pedestrian accident.
Common Scooter Accident Injuries
Scooter riders may endure various levels of bodily harm, ranging from minor to severe. Below are some common e-scooter injuries that may appear after impact:
- Broken bones
- Head injuries
- Traumatic brain injuries
- Spinal injuries
- Internal injuries
What to Do After a Scooter Accident
Getting into a scooter accident can be stressful. Although it is easier said than done, try to do the steps sectioned below to protect your safety and to strengthen your personal injury claim.
Call Local Authorities
If you notice any injuries or damages, you should contact local authorities right away. While you wait for them to arrive, if possible, try to move to a safe location. Once emergency services show up, they will conduct a police report in which you can request a copy to use for your personal injury claim. Paramedics may also be present to provide medical attention to the injured parties.
Seek Medical Attention
Not all forms of bodily harm are immediately apparent shortly after a collision. To be on the safe side, you should seek medical attention from a physician. They will assess your condition, and if they notice anything concerning, a diagnosis will be formed and presented. You may also be given a medical treatment plan to follow to ensure you have a successful recovery.
Document the Accident Scene
Gathering evidence is crucial in a personal injury case. If possible, try to get the following details:
- Photos of your injury, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical records
Exchange Information
You should exchange contact and insurance information with all parties involved.
Speak to a Visalia Personal Injury Lawyer
Insurance companies are known to minimize payouts by offering low settlements or dragging out your claim. Your legal representative will know how to deal with these tactics and negotiate settlements to ensure you do not fall for any tricks that could affect the outcome of your case.
Who May Be Liable in a Scooter Crash?
To determine liability in a scooter crash, you will need to show the elements of negligence:
- The defendant had a legal duty to act in a reasonably safe manner
- The defendant failed to uphold their duty of care
- The defendant’s behavior caused you to get injured
- You suffered losses, like medical bills or emotional distress, due to the scooter accident
In California, both parties can share fault under the pure comparative negligence rule. So, if you were partially responsible for the crash, you can still recover compensation. However, it will be reduced according to your percentage of fault.
For instance, if total damages are $50,000 and you are 20 percent liable, you may be granted an estimate of $40,000.
Scooter Accidents and Wrongful Death
Scooter accidents can result in devastating outcomes. If a rider passes away due to severe injuries as a result of a crash caused by another party’s negligence, the surviving family members may file a wrongful death claim to recover damages.
Under California Civil Code of Procedure 377.60, the following individuals are given the right to pursue such legal action:
- Surviving spouse or domestic partner
- Children
- Issue of deceased children
- Anyone entitled to the property of the decedent by intestate succession
This type of lawsuit can help recover the following types of damages:
- Medical expenses
- Funeral and burial costs
- Loss of financial support
- Loss of consortium
Although no amount of money can ever replace a loved one, a wrongful death claim can deliver justice and financial relief to those who have been affected.
What Compensation Can a Scooter Accident Victim Recover?
Scooter accident victims are entitled to economic and non-economic damages. This includes the following:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
The settlement value will vary depending on the extent of losses incurred and the percentage of fault contributed by all parties involved. To get an idea of what you could be awarded, you can use our personal injury settlement calculator by entering the losses you endured due to the scooter accident.
To secure financial compensation, you will need to gather evidence, document your injuries, and determine who should be held responsible for the incident. Acquiring legal assistance from a qualified personal injury attorney can improve your ability to fulfill these obligations in a timely and effective manner.
Injured in an Electric Scooter Accident? West Coast Trial Lawyers Is Here to Help
Scooter accident victims are eligible to pursue legal action against the opposing side to recover compensation. At West Coast Trial Lawyers, our experienced personal injury attorneys will guide you through each stage of the legal process to ensure your rights are protected and that you have a high likelihood of acquiring full financial recovery.
To book a FREE case evaluation, you can get in touch with us by calling (213) 927-3700 or filling out our quick online contact form.
Visalia Scooter Accident FAQ
How Much Do Accident Attorneys Charge in California?
Most accident attorneys in California operate under a contingency-fee basis, meaning that they will only get paid if you win your case. This structure will allow clients to take legal action without having to deal with upfront costs. It is important to have this discussed with your personal injury lawyer before hiring them to represent you.
How Soon After the Accident Should I Contact an Auto Accident Lawyer Near Me?
If you were involved in a scooter crash, you should seek assistance from an auto accident lawyer as soon as you can. Early legal advice can help protect your rights, get you the evidence you need to prove negligence, and prevent mistakes when communicating with the insurance companies. With California having a strict statute of limitations, waiting too long could hurt your chances at obtaining financial compensation. Be sure to act quickly to ensure you have enough time to develop a strong case against the opposing side.
Should I Call Lawyer or Insurance First?
After a scooter accident, it would be ideal to reach out to a Visalia personal injury attorney before contacting your insurance company. Your legal representative will communicate effectively with your insurer and advise you to avoid sharing certain information that could be used against you. But, if you absolutely need to report the situation promptly, be sure to keep your statements brief and stick to facts without admitting any fault.
