Scooter Accident

In addition to understanding California state laws you also need to familiarize yourself with the service provider’s electronic user agreement. We always strongly advise that anyone planning to rent an electric scooter to first read the terms of service to understand the responsibilities they have as an operator and the company’s limited liability as the transportation service provider.

The major problem is that most people do not bother to read the electronic user agreement that is required to be signed prior to downloading the service provider’s application on their phone. And most people do not realize that every time they log onto the app to lease an electric scooter, they are actually entering into a legal contractual obligation with the service provider. When you provide your digital signature, this represents your understanding of the conditions under the lease agreement and your consent to abide by its terms.

Service providers usually make their electronic user agreements very verbose because their lawyers know that very few people will actually take the time to read the entire agreement. And if they did, they would realize that the company’s lawyers have carefully drafted the user agreement to avoid liability and protect the service provider in the event of an accident. And to minimize litigation in the event of a dispute, the service provider’s agreement will generally include an arbitration clause requiring the user to forego their right to sue the service provider and join in any form of class action suits that may arise against the service provider.

As an extra precaution against being sued, the service provider will usually include; in fine print, broad safety instructions for performing inspections of the equipment before riding and how to operate the electric scooters. For example, checking the breaks to see if they are functioning properly, making sure there is enough battery life left on the scooter, listing maximum weight limits, and advising that you do not ride on private property. Of course, most people are in such a hurry to download the application and get on with riding the electric scooter that they blindly consent to the user agreement without even knowing what it is that they will be liable for in the event of an accident.

You should basically do the same things that you would do following any other traffic accident. However, you may find negative opinions you when you are in a scooter accident. Police officers, motorists and even witnesses can be biased against people traveling on two wheels. However, you cannot be denied protecting your rights.

Here are some common steps to take:

• Seek Medical Attention
  • Head injuries are common in scooter crashes, even when riders wear helmets. Concussion and internal bleeding can take hours or even days to manifest. Your best bet is to accept medical treatment and visit a hospital if necessary. Waiting to do this is a mistake since it will make it more difficult to prove the connection between the accident and the resulting injury.
• Contact the Police
  • You must demonstrate the fact that you were injured during a scooter crash to establish liability. Calling the police to the scene immediately after the accident is important. Never delay in doing this since it will make it more difficult for the police to fill out their accident report later. Also, do not leave the scene of the accident until after the police have completed their investigation and documentation of the accident. And make sure you get a copy of the police report, the badge number and the name of any police officers responding to the crash.
• Take Lots of Photos
  • Photos are critically valuable as evidence of damages and liability. You will want to take photos of the property damage and any visible injuries that you might have received. But you need to go beyond this. You will also want photos of the road conditions and the weather conditions at the time. In addition to this, take photos of all of the vehicles involved, the intersection or location where the accident occurred, the signage in that location and any stoplights. Stoplights can be particularly useful, especially if they were not functioning properly. Obviously, if you are too seriously injured to run around snapping pics on your phone, enlist a witness or Good Samaritan to do this for you.
• Get the Driver’s Information
  • If you were hit on your scooter by a negligent driver, make sure that you get that drivers name, phone number, insurance information and physical address. You will want to take photos of their license plate, insurance card and license. If the driver does not have any one of these three items, inform the police on the scene so they can make a record of it in their crash report.
• Get Witness Information
  • Make sure that you obtain and write down the names, phone numbers and email addresses of any potential witnesses to the accident. The information provided by these witnesses can be invaluable in your efforts to support your claim for damages. You can be certain that the other party will attempt to obtain witnesses to support his or her position regarding liability for the accident.
• ​Contact Tishbi Law Firm
  • You should immediately contact us to determine if you have sufficient evidence to file a scooter accident claim. We can handle the complicated legal red tape so you can focus your energy on recovering from your injuries.

Determining who will pay for your injuries as the result of a Bird, Lime, Jump, or Lyft scooter accident is a big problem. Victims can suffer serious injuries and in most cases there is no liability insurance that will cover their claims. California law requires vehicle drivers to carry liability insurance; however, people who ride electric scooter riders do not have the same requirement.

So, who is responsible to cover your injuries if you were in an accident involving a Bird, Lime, Jump, or Lyft scooter? That will depend on who was at fault. As with all accidents, we must determine who is liable and who will be held accountable.

We take on the big insurance companies, so you are not forced by their clever lawyers to accept a quick and low compensation. We can often settle out of court, giving you faster access to funds and allowing you to focus on your physical and emotional recovery. We examine past all the details to build a strong highly personal case to guarantee you receive the highest financial compensation and medical care.