Who Pays in an E-Scooter Accident?
Using a phone app, it is a cinch to rent an E-scooter in the Los Angeles area and reach your destination quickly and conveniently. These dockless scooters travel between 15 and 20 miles per hour. Riders may not think about safety issues before renting an E-scooter, but it is definitely something to take into consideration. Who pays in an E-scooter accident depends upon the circumstances surrounding the incident, but the rider may bear the entire liability.
If you rented a Bird or Lime E-scooter in Southern California, you were required to sign an agreement relieving the companies of any responsibility if an accident occurs. Failure to sign the agreement means you cannot rent an E-scooter. According to Bird and Lime, the companies fully insure riders if injuries occur because the E-scooter was faulty.
E-scooter liability is a relatively new area of law and litigation is ongoing. The Los Angeles E-scooter lawyers at Ellis Injury Law can help you receive the compensation you deserve for your E-scooter injuries.
While most E-scooter injuries are relatively minor, serious accidents can occur. Severe E-scooter injuries may include:
- Back and neck injuries
- Broken bones
- Dental damage
- Head trauma
- Joint injuries
- Road rash
- Soft tissue injuries
Although rare, E-scooter fatalities have occurred. If the rider has health insurance, their personal policies should cover their medical expenses.
Injuring another party
If the E-scooter rider injured another party, such as a pedestrian or bicyclist, or damages property, it is unlikely their car accident insurance will cover them. Automobile insurance usually does not cover vehicles with fewer than four wheels. Home and rental liability insurance do not provide coverage for motorized vehicle accidents. That means the rider could find themselves personally liable for these damages and potentially ruined financially. The damages would include the injured party’s medical expenses, lost wages, and pain and suffering.
If the rider has an umbrella policy on their home or rental liability insurance, it is possible that E-scooter accidents are covered.
If rider error caused the accident, the liability waiver will likely hold up in court and the company is not liable for the accident. However, if the E-scooter was defective, Bird, Lime, and similar companies should prove liable.
E-scooters accidents have occurred due to brake failures, overheated batteries, faulty accelerators, and other defects. While the rider is supposed to check out the E-scooter to ensure it is in good condition before riding, riders cannot tell if there is a defect hidden within the machine.
E-scooter riders are responsible for obeying the rules of the road. They must also wear a helmet.
Statistics show that the initial E-scooter ride is usually the most dangerous. It consists of a person who may never have ridden an E-scooter before let loose on public roadways. Roughly one-third of all E-scooter injuries take place on that first ride. Nearly two-thirds of injured E-scooter riders took less than 10 such trips.
Experienced riders are also a danger. They are more likely to speed than novice riders, and this excess speed contributes to nearly 40 percent of accidents.
The future of e-scooter insurance
E-scooters tend to fall into an insurance gap. Users do not consider them dangerous and generally give little thought as to liability –until an accident occurs. However, insurance tech startups may soon bridge this gap by offering coverage the rider can order from a mobile app before renting the scooter.
Because so many people are ending up badly hurt as a result of E-scooter accidents, this type of coverage requires availability as soon as possible.
Contact a Los Angeles e-scooter accident lawyer
If you were seriously injured in an E-scooter accident, you need the services of a dedicated E-scooter lawyer at Ellis Injury Law. Arrange a free consultation 24/7 via text or phone or complete our online form. We will review your claim and advise you on how to proceed. Our attorneys are familiar with the various deficiencies found in E-scooters and will fight aggressively for you.
Our experienced attorneys have recovered millions of dollars for clients in verdicts and settlements, and our track record speaks for itself. Because we work on a contingency basis, there is never a fee unless we win.