UCLA researchers report that scooter injuries have nearly tripled across the U.S over four years, with many incidents serious enough to require orthopaedic and plastic surgery.
The E-Scooter-sharing market is expected to amount to 37.32m users by 2028.
As this mode of transport increases in popularity, Ohio-based Personal Injury Law Firm John Fitch is stressing the importance of knowing your rights if you are a victim of an electric scooter incident.
“Whether a local or a visitor of a state, renting an e-scooter can now be done with just a few clicks. But when an accident ends the fun, who is liable for damages?
“In most states, electric scooters are allowed on roads with a speed limit of 25 mph or less, and they are often permitted to ride in bike lanes.
“Therefore, as a pedestrian it is always advised to be vigilant of bike lanes, as they often are situated next to sidewalks. In electric scooter incidents, determining who is at fault can be complex.”
How is liability determined in an e-scooter case?
“Liability often depends on several factors, including the safety and behavior of the scooter rider, the actions of any other parties involved, and road traffic laws in that state.
“If a scooter rider rides recklessly or disobeys traffic signals, it is likely to be their responsibility.
“Alternatively, if a pedestrian or a vehicle driver acts negligently which results in a collision with a scooter, they could then take liability.
“Compensation for injuries and any resulting financial losses will be obtained for whichever party was not at fault.
“When it’s not entirely obvious who is at fault, the legal concept ‘comparative fault’ comes into play.
“Comparative fault involves assessing a case where both the scooter rider and another party, a pedestrian or vehicle driver, share responsibility for the incident.
“An example of this could case be if the rider is at 20% fault and the pedestrian or driver is at 80% fault. The claims of damages awarded to the rider would be decreased by 20%.
“E-scooter users should ensure they are thoroughly aware of and adhere to traffic rules. These include using bike lanes when available, being cautious of the roads while riding.
“Pedestrians have the right of way in crosswalks and must be given enough space by e-scooter riders to pass safely.”
What if the accident was caused by a scooter malfunction?
“If the accident was caused by a fault with the scooter, the manufacturer, distributor, or retailer could be held responsible.
“This is under the product liability law, which is when a product malfunction or defect leads to an accident.
“A flaw in the manufacturing process, such as an unstable frame or faulty brake could put the manufacturer liable for any resulting accidents or injuries.
“The manufacturer could also be liable if it fails to provide adequate warnings or instructions regarding the safety of the scooter. Again, if this leads to an accident, they could be held responsible.
“It is recommended either party involved in an e-scooter incident should reach out to a qualified personal injury lawyer as soon as possible after the initial incident. A lawyer can provide guidance on the best course of action and initiate the personal injury claim process on your behalf.”
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