Anybody visiting or living in California can utilize an e-scooter to travel around the major urban locales and towns across the Golden State. But what happens when an e-scooter rider is involved in a collision?
Particular legal rights exist for those injured in e-scooter accidents, and these rights are often based on the negligence of another party. In other words, if a pedestrian is hurt in an accident caused by a scooter rider’s carelessness, the pedestrian may be able to file a claim. Conversely, if a negligent driver injures a scooter rider, they have the same legal recourse available. These rights include the ability to pursue reimbursement for any accident-related medical costs, missed income, and other losses.
Of course, it is essential for drivers who share the road, as well as pedestrians and scooter riders, to be aware of their legal rights. According to new data from UCLA, the injury rate for electric scooter riders in Los Angeles was greater than the national rates for users of motorcycles, bicycles, vehicles, and pedestrians during a recent six-year period, making these incidents increasingly common in our state. Still, electric scooters must abide by the same laws in most cities as bicycles and other vehicles. Scooter riders may be held accountable if they ride negligently or in violation of the law and a pedestrian is hurt as a consequence.
Read on to learn more about the legal environment around pedestrian accidents involving electronic scooters in California. If you’ve been hurt in an Orange County scooter accident, contact our legal team at Beckerman Anderson to explore your legal options in the aftermath.
Insurance Claims Following an E-Scooter Accident
Handling insurance claims following an accident using an e-scooter requires a few different, often complex, processes. Whether it is their own insurance, the scooter business’s insurance, or the insurance of a third party, people must first report the accident to the appropriate insurance provider. For a complete assessment, it is essential to provide a full narrative of the occurrence that includes pictures, witness accounts, and a police record, if one is available.
Insurance companies look at these specifics to assess coverage and culpability. Personal insurance coverage may not always cover incidents involving e-scooter users; thus, it is essential to confirm the insurance details of the scooter rental company, for example, or the individual who was at fault. If there are serious damages or injuries, things become more complicated. In order to determine compensation, insurers evaluate the severity of the injuries and losses. Negotiations may be necessary at this point, particularly if the first offer falls short of covering the losses in full.
Comparative Fault in Electric Scooter Accidents
Comparative fault is a major factor in assessing responsibility and compensation in electric scooter accidents throughout California. This legal notion entails determining each party’s relative culpability in an accident and starts with assessing each person’s duty of care. Essentially, comparative fault is used when the scooter rider and another party, such as a pedestrian or a car driver, share some portion of liability for the collision. This formulation can involve a rider’s potential assumption of risk, relative duty of care, and much more.
The amount of compensation that a scooter rider may be entitled to will be lowered by their proportion of fault. But, per California’s comparative negligence law, a plaintiff may be awarded damages even if they are more than 50% at fault by dividing the total amount of liability and using that ratio. What’s more, establishing accident fault or culpability in crashes involving more than one driver or pedestrian may be challenging. Several drivers may have contributed to a collision, one or more of the pedestrians and e-scooter riders may share liability, and insurance companies sometimes seek to transfer or unload responsibility to avoid paying an accident settlement.
Regulation of Electric Scooters in California
There is considerable regional variation in the legal framework pertaining to electric scooters in urban settings. These laws generally seek to integrate scooters into the mix of urban transportation options while guaranteeing the safety of both users and pedestrians.
First and foremost, according to California Vehicle Code regulations on e-scooters, children must wear helmets. Additionally, the helmet has to be fitted correctly and secured completely. That said, adults do not need to wear helmets while riding e-scooters. Companies that rent out e-scooters advise using a helmet and stipulate that you ride at your own risk when you don’t have one.
Moreover, e-scooter riders in the Golden State are subject to a 15 mph speed restriction. If you exceed this speed, you may be pulled over by an officer and fined up to $250. And, of course, e-scooters must be used in bike lanes, also known as bikeways, bike paths, or bicycle pathways, in accordance with California law.
The term “Class II bicycle lane” is used in the specific traffic law related to this rule: this bike lane has a solid white line on both sides and is located on the right side of the roadway. It typically has a white border with a bicycle emblem within it.
Call an Orange County Personal Injury Lawyer
When a victim is struck by a vehicle while riding a skateboard or scooter or strolling along a crosswalk and street, they will most likely sustain severe injuries and experience the difficulties of a protracted recovery period. If you or a loved one has been involved in a pedestrian accident, do not hesitate to seek counsel from attorneys specializing in auto accident cases to safeguard your legal interests. You may be entitled to compensation for medical bills, property damage, lost wages, and pain and suffering.
With our background defending the rights of those injured by the carelessness and wrongdoing of others, our team at Beckerman Anderson will stand up for you. Don’t wait another minute to receive the compensation you are entitled to if you have been injured and need the assistance of an accident attorney.
Our Orange County-area pedestrian accident attorneys can be reached at 949-409-4242 for a free first consultation and review of your accident claim. Don’t attempt to negotiate the aftermath of a pedestrian accident on your own. Our attorneys at Beckerman Anderson are here to secure justice for you and yours after you’ve suffered injuries and other damages through no fault of your own.
