Injured in an E-Scooter Accident?

, , , , ,

Attorney Alex Tofer | 888-981-5607 | FREE Consult | No Fee Unless You Win

What should you do if you’re injured in an e-scooter accident? Who is liable?

Alex Tofer is the managing attorney and the founding president of Tofer and Associates, PLC. based in Beverly Hills, California. He sees many scooter accidents in southern California, and he recommends speaking with an attorney as soon as possible.

Contact him directly by calling 888-981-5607 or by submitting a contact form on this page. There is no fee for a consultation, and you owe no attorney fees unless the case ends in a successful verdict or settlement.

Who is liable in an e-scooter accident?

This depends on each individual case. If the scooter rider is hit by a vehicle, the attorney would pursue that driver’s insurance company. If a person riding a scooter safely hits a pedestrian who walks in front of them or swerves and falls in an attempt to avoid them, the attorney can sue the pedestrian’s home owner’s or renter’s insurance. In another common scenario, the scooter rider might be riding lawfully in the street, hit a pothole, and crash. In this case, the city would be liable. Construction companies who leave equipment on the road or sidewalk could also be liable.

If the person on the e-scooter causes a crash, which insurance company is likely to cover the injuries?

Currently, insurance is unlikely to cover you if you’re riding an e-scooter and at fault for an accident. This is an important thing to keep in mind when you take an e-scooter for a ride. Your auto insurance only covers vehicles with four wheels. Your home or renter’s insurance would also not apply, since you are on a motorized vehicle. In many cases, the person on the scooter had to pay for their own damages.

Are the scooter manufacturers liable for accidents?

Surprisingly, no. The E-scooter companies have worded their agreements in such a way that if you agree to ride a scooter, you cannot sue them, even if the scooter breaks and leads to a serious injury.

What if a drunk e-scooter rider causes a crash?

You’re required to be a responsible driver. If you are too intoxicated to understand the terms or to properly operate a scooter, the responsibility falls on you.

What if someone is riding a scooter on the sidewalk, and someone hits them with a car?

This is a common occurrence, especially when a scooter left on the road causes a car to swerve out of the way to avoid it and hits another vehicle or person.

Since the scooter companies have managed to avoid liability, here the responsibility could fall on the last person who used the scooter. An injury attorney can subpoena the records to find out who used it last. The best way to prevail in these cases is if the last person to use the scooter has homeowner’s or renter’s insurance.

What is unclear about current e-scooter laws?

The lack of enforcement of the helmet laws is a concern, despite the scooter company’s agreement saying the rider should have a helmet. Since the state has not made this a law, very few people wear helmets when riding a scooter. This is a major cause for concern, since head injuries are among the most common types of scooter injuries.

Are cities and counties struggling to come up with laws?

As accidents become more commonplace, local municipalities are trying to find ways to avoid liability. Since one of the most common types of injuries involves the scooter hitting a pothole and injuring the rider, cities are now requiring scooter companies to include language in the waiver that protects the city from liability in case of injury. There are many loopholes that need to be addressed.

How can riders stay safe on scooters?

Ride a helmet, don’t ride one if you’re intoxicated, and don’t ride if you don’t feel comfortable. Practice and train yourself before you take it out.

If you’re hurt on a scooter, what should you do?

Contact a local personal injury firm immediately. Most attorneys offer free consultations, and firms like the Tofer Law Firm will not charge any fees or costs if your case ends up being unsuccessful.

To learn more, contact Alex Tofer by calling 888-981-5607 or by submitting a contact form on this page. There is no fee for a consultation, and you owe no attorney fees unless the case ends in a successful verdict or settlement.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.