Electric Scooter and Car Accidents

Today, electric scooters — e-scooters for short — are a popular mode of transportation in many American cities. Luckily, crashes between cars and e-scooters are rare. But when car and e-scooter collisions do happen, they are serious.

If you or a loved one was injured by a car while riding an e-scooter, you might be wondering about your legal rights. Though many issues that come up in electric scooter accidents are similar to those in car accidents, this article will discuss some of the unique legal issues that occur in accidents between motor vehicles and e-scooters. Because these issues can be complex, be sure to speak to a local accident attorney.

Causes of E-Scooter Accidents and Typical E-Scooter Injuries

Accidents between cars and e-scooters happen for several reasons.

First, there is the visibility issue. Like bicycles, scooters are much smaller than even the most compact cars. This makes it harder for drivers to see them and easier for e-scooter operators to slide into a driver’s blind spot.

Driver error is also an issue. Drivers who are distracted, speeding, or otherwise not driving safely present dangers for e-scooter riders.

Some e-scooter crashes happen due to scooter malfunctions. Issues with brakes, acceleration, or other components can cause a scooter to stop or speed up suddenly, causing it to crash into a car.

The most commonly injured body parts in e-scooter crashes are the head, arms, and legs. Typical head injuries in e-scooter accidents include traumatic brain injuries, jaw fractures, and broken teeth. For the arms and legs, broken bones in the arms, wrists, and legs are also common. Soft tissue injuries such as whiplash, contusions (bruises), and lacerations (cuts) also appear frequently.

Who’s Responsible for My Injuries After a Scooter Accident?

Your right to damages after an accident depends on whether your injuries were the result of someone else’s negligence. To win a negligence case, in addition to proving that you were hurt, you and your accident lawyer will have to prove that someone had a duty to be careful, that they did not fulfill that duty, and that their failure to be careful caused your injuries.

Here are a few parties that might be responsible for your injuries after an e-scooter accident.

The Driver Who Hit You

Every driver has a legal duty to drive carefully and follow the rules of the road. Evidence that the driver was speeding, driving too close to your scooter, or improperly changing lanes could prove negligence.

The E-scooter Rental Company

E-scooter rental companies like Bird and Lime have a duty to provide scooters in good working condition. Evidence that your e-scooter was not properly maintained might prove that they disregarded that duty.

The E-scooter Manufacturer

In 2019, Lime warned riders that its scooters had a brake defect. If your e-scooter accident was caused by a mechanical defect, you might be able to file a product liability lawsuit against the e-scooter’s manufacturer. Proof that the company knew about mistakes during the manufacturing process, approved a dangerous design, or failed to tell buyers or renters about the dangers of their products will help.

A Government

Did a pothole or other road defect cause your scooter crash? If so, you might have a claim against the federal, state, or local government responsible for maintaining the roadway. You’ll have to prove that the government neglected its responsibility to keep the roads safe.

What if I Was Partly Responsible for the Scooter Accident?

Questions of comparative or contributory negligence can affect your ability to collect damages. Every state has rules that limit the rights of people who play a part in causing their own injuries. These rules are called comparative negligence and contributory negligence.

The majority of states use comparative negligence, which allows people who had a hand in their own injuries to still collect damages. But most of these states will not let you recover damages if a jury finds that you were more than 50% at fault for the accident. And even if you were less than 50% at fault, your damages will be reduced in proportion to your fault. So, if a jury awards you $20,000 but finds that you were 25% responsible for your injuries, you would get $15,000.

Just four states — Alabama, Maryland, North Carolina, and Virginia — in addition to Washington, D.C., use contributory negligence. In these states, if a jury finds that you were even 1% responsible for causing your injuries, you will recover nothing.

What if I Signed a Waiver Before Renting the E-scooter?

Before you rent a scooter, you must sign the rental agreement. But these agreements often contain language that protects the scooter companies at your expense. These waivers usually include language stating that you cannot sue the e-scooter rental company or the e-scooter manufacturer after any injuries. Sometimes, the waivers even limit your ability to sue the city that failed to maintain the road or sidewalk that caused your injury.

Though a waiver might be an obstacle in your personal injury claim, it may not be impossible to overcome. For example, in many states, evidence of gross negligence by a manufacturer or scooter rental company will defeat the waiver.

How Can an Attorney Help Me After an E-scooter Accident?

Accidents between cars and e-scooters can cause serious injuries and present many legal issues. An experienced attorney who has handled many types of injury cases can help you understand these issues and protect your legal rights. Your accident attorney can also help you deal with insurance companies, investigate your accident, and much more.