How is fault determined in an electric scooter accident?

Determining fault in an e-scooter accident is no different than with a motor vehicle collision. Despite the different types of vehicles involved, the fault is determined by identifying which party’s negligence ultimately caused the crash.  

The fact patterns involved in these accidents can differ significantly from car accidents. Given how new e-scooters are to most roads and highways, many drivers lack a clear understanding of how the right-of-way applies to these vehicles.  

If you have suffered an injury from an electric scooter wreck, an experienced e-scooter accident lawyer is ready to help. Let the team at Ellis Injury Law review your case and advise you on your legal rights.  

The popularity of e-scooters 

Electric scooters – commonly referred to as e-scooters – have become a popular trend in cities across America. A number of vendors have developed rideshare programs that allow visitors to make use of these scooters without the need to purchase one. As the number of e-scooters grows, the injury accidents related to e-scooter use grows as well.  

According to research conducted by the University of California, San Francisco, emergency rooms treated nearly 40,000 people from scooter accidents between 2014 and 2018. These injuries ranged from cuts and bruises to broken bones and more serious injuries.  

As the population grows and access to these vehicles expands, it is safe to assume the number of e-scooter injuries will also continue to rise. When an e-scooter accident occurs due to the negligence of another person or entity, it is crucial to speak with an e-scooter accident lawyer as soon as possible.  

How e-scooter accidents happen 

E-scooter accidents have much in common with bicycle and motorcycle accidents. Given that these vehicles are notably smaller than cars are trucks, many motorists fail to keep a watchful eye out for e-scooters and their riders.  

Many e-scooter accidents occur in and around intersections. E-scooter riders crossing at crosswalks are just as likely to be struck by negligent motorists as pedestrians.  

Another common cause of e-scooter accidents is known as “dooring.” When drivers parked along a roadway carelessly open their door in front of an e-scooter rider, the resulting injuries can be severe.  

Establishing negligence 

To prove that the other party in an e-scooter case was at fault, you must demonstrate that they acted with negligence. In general, there are four elements required to prove negligence.  

The first element requires demonstrating that the at-fault party owed you a duty of care. This can be straightforward in many e-scooter accidents, as all motorists owe the people they share the road with a duty to drive safely. If a driver struck you while riding an e-scooter, they likely owed you a duty of care. 

The second step involves proving that the at-fault driver breached their duty of care. This can occur in countless ways. The most common examples involve defendants that have violated traffic laws like speeding or running a red light. Ultimately, any careless, reckless, or wanton act that results in your injury could qualify. This step is often the central contention in many e-scooter accident claims.  

The third step in this process is known as causation. The at-fault party in an e-scooter accident is only on the hook for injuries that stem from their negligence. That means any unrelated damages are not the responsibility of the defendant.  

Finally, the plaintiff in an e-scooter accident must prove that they have suffered compensable damages due to the defendant’s breached duty. Without proving damages, a person involved in an e-scooter accident is not entitled to compensation. Examples of these damages could include medical bills, lost wages, or mental anguish.  

Speak with an e-scooter accident attorney right away 

You have the right to pursue legal action after an e-scooter injury. Whether your accident resulted from a collision with a car, truck, or even a pedestrian, you deserve to recover compensation from the at-fault party.  

Ellis Injury Law is ready to work tirelessly towards the goal of recovering compensation for your injuries. To learn more about how we can help, schedule a free initial consultation as soon as possible.