Who Can File an E-Scooter Lawsuit?

Hurt by an e-scooter? A number of Californians are filing e-scooter lawsuits following accidents that caused catastrophic injuries like contusions, lacerations, abrasions, head trauma, dislocated joints, and broken bones. Electric scooter injuries have increased 222 percent over the last four years – but is anyone holding manufacturers and negligent people on the roadways accountable? You may be able to file an e-scooter lawsuit if you have been injured – even if it was mostly your fault. 

Who can file e-scooter lawsuits? 

You might file an e-scooter lawsuit if: 

• You were hurt by another motorist’s negligence – Whether you’re a pedestrian, driving a car, or riding on an e-scooter, a driver who plows into you can be held liable in civil court. Sometimes drivers are distracted, texting behind the wheel, drunk, breaking a rule of the road, or failing to yield right of way. 
• You were hurt after an e-scooter part malfunctioned – Sticky accelerators, brake failures, battery fires, and throttle issues are a few well-known contributors to e-scooter crashes. You may not know exactly what happened in the moments before the crash, but if you suspect there was a mechanical problem, a legal team can investigate the possibility for you. People hurt by scooter riders filed class-action lawsuits in California state court alleging that scooter companies like Bird and Lime were grossly negligent. They either knew or should have known their products would be unsafe, dangerous, and a public nuisance, according to court documents.  
• You collided with an e-scooter rider. You may have been a pedestrian, motorist, or e-scooter rider at the time when an e-scooter collided into you. When riders drive negligently or recklessly, they can be held liable for causing injurious crashes. Many scooter users do not have sufficient training to operate these motor vehicles, making them a danger and a public nuisance on the roadways. In fact, 1 in 3 injury victims was taking their very first e-scooter ride when the accident occurred. Increasingly, e-scooter riders have been leaving their vehicles haphazardly parked in dangerous ways, causing trip and fall accidents, parking mishaps, and other accidents. 

What if I was to blame for the accident that injured me?  

California is a pure comparative negligence state, meaning that you can collect damages for your medical bills, lost wages, pain-and-suffering – even if you are deemed 99% “at-fault” for causing the crash. The total amount you are eligible to receive will be reduced by the amount of liability assessed to you. So, if you would be granted a total of $100,000, but it’s determined you were 90% to blame, you will only be able to collect $10,000. Since the circumstances surrounding scooter accidents are often disputed, it’s important to have a strong lawyer behind you, who won’t back down from the other side’s finger-pointing and offensive strategy.  

How long do I have to file an e-scooter lawsuit?  

Injured parties have up to two years to file a personal injury or product liability lawsuit. Typically, this timeframe begins on the date of the accident, but in rare cases, the clock may start ticking upon “the realization of harm.” The discovery rule allows accident victims a year from the realization of harm to file a lawsuit. Minors under age 18 have two years from reaching the age of majority to begin legal proceedings. 

What if I was hurt by an e-scooter, but I’m not from California? 

Visitors to the State of California are often interested in e-scooters as an affordable alternate mode of transportation while they’re in town. If you were hurt in California, you should file your lawsuit in the town where the accident occurred. Sometimes lawsuits are filed in the jurisdiction where the e-scooter company is located. For instance, Skip, Lime, Jump, and Spin are all headquartered in San Francisco; Bird in Santa Monica; and Segway in Bedford, New Hampshire. 

What if someone I love was killed in an e-scooter accident? 

California allows wrongful death lawsuit filings up to two years after a person’s passing. The lawsuit may be filed by a spouse, domestic partner, or children. If there is no kin in the direct line of descent, then any person who would be entitled to the decedent’s property can file. A putative spouse, stepchildren, or parents may file the lawsuit if they were financially dependent on the decedent and there were no immediate heirs. Wrongful death plaintiffs can sue for damages like funeral and burial expenses, as well as the value of the decedent’s society and companionship – love, comfort, care, assistance, protection, affection, and moral support. An additional survival cause of action may be filed on behalf of the decedent for any outstanding medical bills, lost wages, pain and suffering prior to death, and loss of longevity. 

If you have any questions about filing an e-scooter lawsuit, call California e-scooter injury lawyers at Ellis Injury Law for a free case review. We work on a contingency basis, so you only pay us when we recover money on your behalf.