How Soon Does an E-Scooter Claim Have to Be Filed?
In California, an E-scooter claim is subject to the state’s statute of limitations for filing a personal injury lawsuit, which is typically two years from the date of the accident. Failure to file a claim by that date means the case cannot go forward.
However, that two-year window does not mean you should wait that long before seeking legal representation. In any personal injury case, it is critical to contact an attorney as soon as possible. Evidence is crucial for any lawsuit, and waiting to obtain legal advice can mean important evidence is lost or destroyed. The latter may include local surveillance video, which can prove your claim. Local businesses, which may have caught the incident on camera, usually do not keep routine footage for more than 90 days, and many erase over it after 30 days.
A Los Angeles E-scooter accident lawyer at Ellis Injury Law protects your rights while helping you receive the compensation you deserve for your injuries. Over the past 25 years, we have recovered more than $350 million in settlements and verdicts for injured clients.
E-scooter accidents causes
E-scooters are designed for low-speed, local travel, and these devices cannot go faster than 15 miles per hour – under normal circumstances. However, many riders have hurt themselves or others because of defects in the scooter causing them to speed up or become uncontrollable.
E-scooter accidents fall into three basic categories. The first involves a negligent or reckless motor vehicle driver who hits the scooter. The second concerns defective scooters, in which failing brakes, batteries catching fire, wheels coming off, or other mechanical issues result in an accident. Pedestrians hit by scooters, or who trip on scooters left on a sidewalk or other pathway, make up the third group.
No matter which category your accident falls into, make sure to collect as much evidence at the scene as possible. That means taking pictures or videos, getting the contact information of the driver or scooter rider, and calling the police to report the accident. If there are eyewitnesses, get their contact information.
Always seek prompt medical attention, even if you do not think your injuries were serious. Some injuries, including concussion, are not always apparent immediately. If you do not go to the emergency room right away, or visit an urgent care center or your own provider, insurance companies will either minimize your injuries or argue that they did not occur from the accident.
Good documentation, such as medical and police reports, can help your claim. Your lawyer can also obtain the cellphone records of a driver or rider to see whether they were distracted at the time of the collision.
E-scooter accident injuries
E-scooter accidents often mean falls, with either the rider falling off the scooter because the machine was not working properly or the pedestrian struck by the scooter is knocked down. Of course, the most serious injuries usually involve a collision with a motor vehicle.
Common E-scooter accident injuries include:
- Head, facial and dental trauma
- Road rash
- Soft-tissue injuries
Other injuries cited by a study conducted by two Southern California hospitals include lung contusions and a lacerated spleen. In a one-year period from September 2017 to August 2018, 249 people went to these emergency rooms after an E-scooter accident, and two ended up in intensive care. The majority of those injured were riders, followed by pedestrians.
In a worst-case scenario, E-scooter riders have been killed in collisions with motor vehicles or after falling and suffering head trauma.
E-scooter accident damages
Compensation, or damages, in an E-scooter accident may include:
- Medical bills, present, and future
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
Contact a Los Angeles E-scooter accident lawyer
Whether your E-scooter accident involves a collision with someone on an E-scooter or injuries suffered because of scooter defects, you need the services of an experienced Los Angeles E-scooter accident attorney at Ellis Injury Law. Arrange a free consultation by calling or texting 24/7 or submitting our online form.
We will evaluate your claim and advise you of your options. Because riders must sign liability waivers prior to riding an E-scooter, you may have a limited ability to sue if your actions caused the accident. However, many such accidents result from mechanical defects, not rider error.
Because we work on a contingency basis, there is no fee unless you receive compensation.