Liability in the Event of an E-Scooter Accident
In the rapidly growing world of e-scooter rentals, understanding liability and insurance issues is crucial for riders and other road users. Here's a breakdown of the key factors determining responsibility in e-scooter accidents.
Rider Negligence and Comparative Negligence
If an e-scooter rider acts negligently, such as ignoring traffic laws, riding under the influence, or exhibiting unsafe riding behaviors, they may be partially or fully liable for any resulting accidents. Most jurisdictions follow the comparative negligence rule, which allows riders to recover damages even if they are partially at fault for the accident.
However, reckless behavior like weaving through traffic, riding without a helmet, or using the scooter while intoxicated can lead to a reduction in a rider's compensation based on their fault.
Other Drivers' Negligence
Drivers who act negligently, such as running red lights, opening doors without checking, or engaging in distracted driving, can be held liable if their actions cause an e-scooter accident. Fault allocation can be shared if both the driver and rider are responsible for the crash.
Product Liability
The manufacturer or rental company may be liable if a defect in the e-scooter causes an accident. Common defects include faulty brakes, steering failure, battery defects, or other mechanical problems. Rental companies might also be liable for maintenance failures or deploying defective scooters.
Municipal or Premises Liability
Cities or property owners can be liable if hazardous road conditions, such as potholes, loose gravel, poor signage, or lack of bike lanes, contribute to a crash. However, there are often strict requirements to notify municipalities to claim damages.
Shared Fault and Insurance Issues
Liability can be shared among parties, and compensation may be reduced by the claimant’s fault percentage. Insurance coverage can be complex; not all e-scooter riders have personal injury coverage, so claims may involve drivers’ auto insurance, rental company policies, or health insurance.
E-Scooter Injuries and Surge in Emergency Room Visits
E-scooter injuries have surged over the past five years, with emergency room visits linked to electric scooters increasing by nearly 450% from 2017 to 2022. Common injuries involve riders being thrown from scooters due to potholes or sidewalk cracks, collisions with vehicles in busy intersections, malfunctioning brakes or throttles, and pedestrians injured by careless riders on sidewalks.
Legal Responsibility and Steps to Take After an Accident
Determining legal responsibility in e-scooter accidents depends on the details of the accident, with the rider themselves, the scooter company, city maintenance, and road conditions all potential factors. If you are injured in a scooter accident, it's crucial to seek medical attention immediately, take photos of the scene, gather witness statements, file a police report, preserve the scooter for future inspection, and avoid speaking to insurers without legal advice.
Seeking Legal Help
Personal injury claims for e-scooter accidents can be complex but not impossible with the help of an experienced personal injury attorney. In some cases, another pedestrian, cyclist, or even another scooter rider may be at fault for an accident. Insurance coverage for e-scooter accidents is a legal gray area, with most riders not covered by auto insurance, and scooter companies often denying responsibility. If a car hits a scooter rider, the driver may be liable, similar to a typical car vs. pedestrian accident.
In summary, navigating liability and insurance issues in e-scooter accidents requires a thorough understanding of the various factors at play, from rider negligence to product defects, municipal liability, and insurance coverage. If you are involved in an e-scooter accident, seeking immediate medical attention and legal advice is crucial to protecting your rights and potential compensation.
- If a careless driver of an electric vehicle operates their car negligently, leading to an e-scooter accident, they might be held accountable, just as in a regular car-pedestrian collision.
- In the event of a surge in lifestyle-related emergency room visits due to personal injuries from electric-vehicle accidents, seeking immediate medical attention, collecting evidence such as photos, gathering witness statements, filing a police report, preserving the e-scooter for future analysis, and avoiding discussing the incident with insurers before seeking legal advice is recommended.
- When a rider decides to adopt the growing trend of e-scooter rentals, they may face technology-based issues like product liability, as manufacturers or rental companies can be held responsible if a defect in the e-scooter's gadgets or mechanics leads to an accident.
