E-scooter accidents frequently happen when drivers and others behave negligently or fail to watch the road attentively. They can also result from manufacturing defects on the scooters themselves.
If you suffered injuries in one of these accidents, you may be eligible to recover compensation through a personal injury claim or lawsuit. A knowledgeable E-scooter accident lawyer in your area can file a personal injury claim with the insurance company on your behalf, negotiate with insurance company adjusters, or pursue a favorable litigation result in the court system.
Common Injuries in E-scooter Accidents
E-scooters have become a popular mode of transportation in urban areas due to their convenience and eco-friendliness. However, their rising usage has led to increased accidents and related injuries.
One of the most common injuries in E-scooter accidents is head trauma. Riders often neglect to wear helmets, leaving their heads unprotected. Head injuries can range from concussions to severe and permanent traumatic brain injuries (TBIs), which can have long-lasting effects on cognitive and motor functions.
Another frequent injury involves the upper extremities, particularly fractures and dislocations of the arms, wrists, and shoulders. These injuries often occur when riders instinctively extend their arms to break a fall. The impact can lead to broken bones or dislocated joints, requiring medical intervention and sometimes surgery.
Lower extremity injuries are also common, particularly fractures and sprains of the legs, ankles, and feet. These injuries usually happen when riders lose control of the scooter or collide with an obstacle. Ankles and feet are particularly vulnerable due to the scooter’s design, which offers little protection in these areas.
Lacerations and abrasions are other typical injuries associated with E-scooter accidents. These occur when riders fall and scrape their skin against rough surfaces like pavement. While these injuries may seem minor compared to fractures or head trauma, they can still be painful and lead to infections if not properly treated.
Facial injuries are also notable, especially when riders are thrown forward over the handlebars. These can include broken noses, dental injuries, and facial lacerations.
If you sustained injuries in a recent E-scooter accident, an experienced personal injury lawyer can begin investigating the accident circumstances, gathering medical documentation, and determining your legal options. In the meantime, you can focus your full attention on your medical treatment and recovering from your injuries.
How Do E-scooter Accidents Result from Others’ Negligence?
E-scooter accidents typically result from the negligence of others, which can stem from various sources, including other motorists, pedestrians, and even city infrastructure.
One significant source of E-scooter accidents is the negligence of other drivers. Motorists may fail to notice E-scooter riders, especially in busy urban environments with many common distractions. This lack of attention can lead to collisions, particularly at intersections where cars may turn without checking for E-scooters. In addition, some drivers may not respect the right-of-way of E-scooter riders, resulting in dangerous situations.
Pedestrians can also contribute to E-scooter accidents through inattentiveness or unpredictable behavior. For example, pedestrians may step into bike lanes or streets without looking, causing E-scooter riders to swerve abruptly to avoid them. This sudden change in direction can lead to the rider losing control and crashing. Furthermore, pedestrians engrossed in their phones or wearing headphones may be unaware of approaching E-scooters, leading to potential collisions.
City infrastructure also plays a crucial role in E-scooter accidents. Poorly maintained roads with potholes, uneven surfaces, or debris can cause riders to lose control of their scooters. Inadequate lighting and a lack of designated lanes for E-scooters also increase the risk of accidents because riders may be forced to navigate through areas not designed for their safety. Thus, negligence in maintaining safe and navigable infrastructure can directly lead to accidents.
Legally Proving an E-scooter Accident Case
Proving the elements of an E-scooter accident case is essential for establishing liability and seeking compensation for injuries and damages. Several key components must be demonstrated: duty of care, breach of duty, causation, and damages. Understanding these elements helps build a strong case.
First, the injured party must establish a duty of care. Duty of care refers to the legal obligation that individuals have to act in a manner that does not cause harm to others. In an E-scooter accident case, this applies to motorists, pedestrians, and even municipal authorities. For example, drivers have a duty to be aware of their surroundings, including E-scooter riders, and to drive safely by following all traffic laws. Similarly, city planners have a duty to maintain safe roads and infrastructure.
Besides that, the victim must show that there was a breach of duty. A breach occurs when an individual or entity fails to meet their duty of care. In the context of an E-scooter accident, this can involve a driver not paying attention and hitting a scooter rider, a pedestrian stepping into the path of an oncoming scooter without looking, or a city failing to fix dangerous potholes. Demonstrating a breach of duty often involves gathering evidence, such as witness statements, traffic camera footage, and expert testimony.
The next element is causation, which requires proving that the breach of duty directly caused the accident and the resulting injuries. There are two types of causation: actual cause and proximate cause. Actual cause, also known as “cause in fact,” means that the injuries would not have occurred but for the breach of duty. Proximate cause, on the other hand, refers to the foreseeability of the injuries resulting from the breach. For instance, if a driver runs a red light and hits an E-scooter rider, the breach (running the red light) is both the actual and proximate cause of the injuries.
Finally, the injured victim must prove damages. This involves showing that the accident resulted in actual harm or loss, including physical injuries, medical expenses, lost income, and pain and suffering. Medical records, bills, and employment documents can be crucial in proving the extent of the damages.
What Happens During Settlement Negotiations and Litigation in an E-scooter Accident Case?
If you suffered injuries in an E-scooter accident, a personal injury lawyer may file a claim on your behalf – usually with the at-fault party’s insurance company. After receiving the claim documents, the insurance company will decide whether to accept fault for the accident and, if so, make you a settlement offer.
In most situations, insurance company settlement offers (especially initial ones) are extremely low and are far below the actual case value. Your lawyer can aggressively negotiate with the insurance company by highlighting the strengths of your case, pointing to the medical records, and, if necessary, threatening litigation. If the insurance company still refuses to offer you fair compensation despite several rounds of negotiation, your lawyer can pursue litigation in your case.
Litigation in an E-scooter accident case is the legal process whereby the injured accident victim seeks monetary compensation for their injuries and damages through the court system. This process includes the following steps:
- The first step in litigation is filing a complaint. The injured party files a legal document with the court outlining their claims against the at-fault party, who allegedly caused the accident. This complaint includes details about the accident, the injuries sustained, and the compensation sought.
- Once the plaintiff files the complaint, the next stage is serving the defendant. The plaintiff must formally notify the defendant of the lawsuit and give them a copy of the complaint. They then have a specific period, typically twenty to thirty days, to file a response or answer. In their response, the defendant may admit or deny the allegations and present any defenses they have.
- Following this step, the discovery phase begins. During discovery, both parties gather evidence to build their cases. This process includes exchanging documents, answering written questions called interrogatories, and taking depositions. Depositions involve witnesses and parties answering questions under oath, providing crucial information about the case. Discovery is a critical phase as it helps both sides understand the strengths and weaknesses of their cases.
- After discovery, the parties often engage in pre-trial motions. These motions can request the court to rule on certain legal issues before the trial begins. For example, a defendant may file a motion for summary judgment, arguing that the plaintiff’s case lacks sufficient evidence to proceed to trial. If the court grants this motion, the case may be dismissed without a trial.
- Next, the trial phase occurs if the case has not been settled or dismissed. During the trial, both parties present their evidence and arguments to a judge or jury. The trial process includes opening statements, witness testimonies, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining whether the defendant is liable and, if so, the amount of compensation owed to the plaintiff.
- If either party is dissatisfied with the verdict, they may appeal the decision to a higher court. An appeal involves a review of the trial court’s proceedings to determine if any legal errors significantly affected the outcome.
Each phase is crucial in determining the case’s outcome and ensuring justice for the injured party.
Recovering Damages for Injuries in an E-scooter Accident
Victims of E-scooter accidents may be eligible to recover various damages, depending on the circumstances of the accident and the injuries sustained. These damages compensate the victim for their losses and help them recover financially, physically, and emotionally. They may include the following:
- Medical Expenses—These include costs related to medical treatment, such as hospital bills, surgeries, medication, rehabilitation, and therapy. Victims can seek compensation for current and future medical expenses directly resulting from their accident.
- Lost Income and Earning Capacity — If the injuries from the E-scooter accident prevent the victim from working, they may be entitled to compensation for lost income. This can also include compensation for future lost earning capacity if the injuries result in a permanent disability affecting their long-term work abilities.
- Pain and Suffering — These damages, which are more subjective and case-specific, compensate the victim for the physical pain and emotional suffering that the E-scooter accident and injuries caused.
- Loss of Consortium — This type of damage compensates the accident victim’s spouse or family for the loss of companionship, care, assistance, and intimacy due to the accident-related injuries.
- Property Damage — If the E-scooter or any personal property was damaged in the accident, victims may seek compensation for the cost of repairs or replacement.
- Punitive Damages — In cases where the at-fault party’s conduct was particularly reckless or intentional, the victim may seek punitive damages. These damages punish the at-fault party directly and prevent similar future conduct.
- Wrongful Death Damages — If an E-scooter accident results in the victim’s untimely death, their family members or beneficiaries may be eligible to recover damages through a wrongful death claim. This can include compensation for funeral and burial expenses, loss of financial support, and loss of companionship.
- Emotional Distress — Victims may receive compensation for the emotional trauma and psychological repercussions the E-scooter accident caused, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Victims typically file a lawsuit against the negligent party responsible for the accident to pursue these damages. It is important to gather evidence such as medical records, witness statements, and documentation of financial losses to support the claim for damages. A skilled personal injury attorney experienced in E-scooter accidents can help victims navigate the legal process and maximize their chances of receiving fair compensation for their losses.
Speak with a Knowledgeable E-scooter Accident Lawyer Today
If you sustained injuries in an E-scooter collision that resulted from another person's negligence, you have legal rights and options to consider. A skilled personal injury attorney in your area can guide you throughout the process, file a claim or lawsuit on your behalf, and pursue the compensation and justice you deserve for your losses.
Remember, you cannot trust insurance companies to do the right thing and offer the full settlement you deserve. Without the right legal representation, you risk accepting a low offer and being responsible for many of your own costly losses.
Do not risk this. Seek your free consultation with an E-scooter accident attorney now.
