CAN YOU SUE AFTER A BIRD SCOOTER ACCIDENT?

by Mona Deldar on Aug. 22, 2019

Accident & Injury Car Accident Accident & Injury  Personal Injury Accident & Injury  Wrongful Death 

Summary: So can you sue Bird for an accident involving one of their scooters? That depends on what Bird did wrong. If you can prove that Bird was negligent, and this caused an accident, you may be able to recover damages from Bird.

Can You Sue After a Bird Scooter Accident?

Electric scooters have become a familiar sight across California. While many enjoy the convenience of renting a scooter on demand, others are concerned with the legal issues posed by these scooters. Accidents involving e-scooters present new and complicated issues of liability that have not been faced before. If you or a loved one has been injured in an accident involving a Bird or other brand of scooter, schedule a free consultation with an experienced accident attorney at Deldar Legal. Call (844) 335-3271 as soon as possible. The sooner an attorney is representing your interests, the better protected your legal rights will be.

Who is at Fault For Causing an Accident Involving an E-scooter?

After any auto accident, the insurance companies for the involved drivers will conduct an investigation to determine who is at fault for causing the accident. This is because the person who is at fault (“liable”) has a legal obligation to compensate injury victims for their losses. California state law follows comparative fault rules. This means that fault can be apportioned between drivers, or even to a third party (such as an auto manufacturer that makes defective brakes). If the accident was caused by another driver, that driver’s insurance company would have to pay your damages.

So can you sue Bird for an accident involving one of their scooters? That depends on what Bird did wrong. If you can prove that Bird was negligent, and this caused an accident, you may be able to recover damages from Bird. Here are some common problems e-scooters have caused:

  • Scooters left in the roadway or other dangerous locations
  • Malfunctioning scooters that are dangerous to operate
  • Operating without city permits or adherence to safety regulations
  • Impaired travel on wheelchair ramps and other disability access points

In an accident involving an e-scooter, there are many parties that could be liable. A driver could be liable for hitting a scooter rider. The rider could be partly or fully liable for not operating the scooter safely. Bird could be liable for failing to timely clear its scooters from the roadway, or otherwise obstructing traffic in a dangerous manner. Liability in your particular situation will depend on the facts of your accident. This is why it is important to consult with an experienced personal injury lawyer who is knowledgeable in e-scooter legal issues.

How the State is Handling E-scooter Legal Issues

E-scooter liability is a heavily contested subject. The Northern California Record reports that state legislators are now taking up the safety issues associated with this new technology. Assembly Bill 1286 was introduced by Assemblyman Al Muratsuchi of Torrance. It would require mobility service providers (such as Bird) to maintain a specified amount of commercial general liability insurance coverage. This insurance could then be available to compensate injury victims of accidents involving e-scooters. The mobility service providers would also have to enter into an agreement with the city or county that has jurisdiction over the area where the scooters are placed. In turn, the cities and counties must adopt safety rules for parking, operation, and maintenance of scooters before the providers have permission to offer e-scooters for rent or use in that area. These safety rules would reduce the likelihood of e-scooter accidents, and the insurance provisions would help make compensation available to injury victims when scooter accidents do occur.

The bill does not appear to be on this year’s legislative schedule, but will likely be taken up in the next legislative session. Even if the bill does not pass this year, or does not pass in the current form, its introduction shows that e-scooters are starting to be regulated in California. Both scooter companies and riders should pay attention to the state and local rules that are likely to change in the coming months.

Safety Tips for E-Scooter Users

C/Net investigates consumer issues for a wide variety of tech products. They have investigated e-scooters, and made the following recommendations for safe riding:

Wear a helmet.

Of all auto accident injuries, brain injuries are often the most devastating. They can lead to permanent impairments. The simple act of wearing a helmet can dramatically reduce the risk of brain injury.

Don’t scoot while impaired.

It might seem silly, but some riders choose to scoot under the influence of drugs, alcohol, or prescription medications. This can lead to accidents. Remember: just because you aren’t driving a car doesn’t mean it is safe to drink and scoot. Find alternate means of transportation.

Always scoot solo.

Scooters are not designed to hold more than one rider at a time. Riders who choose to double up may be partly - or fully - liable for an accident that occurs. This can prevent you from being compensated for your injuries.

Don’t engage in reckless driving behaviors.

Dangerous scooting behaviors can also cause a rider to be found liable. Speeding, following too closely, zipping in and out of traffic, blocking the sidewalk, or other dangerous habits can result in rider liability. 

Conduct a pre-ride safety check of the scooter.

Like any vehicle, a scooter can become unsafe if it is not properly maintained. Defects in design or manufacturing can also cause breakdowns. Be sure to conduct a safety check of a rented scooter before you start riding.

Test ride until you are comfortable in traffic.

Newer riders need to be sure they understand how to safely operate a scooter. This can be accomplished by practicing in a parking lot or other open area until the rider is comfortable with the scooter. Once a rider heads into traffic, he or she is responsible for following the rules of the road.

Always curb your scooter.

One of the biggest complaints about e-scooters is the way they are left haphazardly in the roadway. Do not create obstacles or dangers for other road users. Be sure to curb your scooter out of the path of traffic when you are done renting. 

Call Us Today to Schedule a Free Case Evaluation with a Scooter Accident Lawyer

Scooter accidents are a new legal issue faced by accident victims across California. Victims need the advice of an experienced attorney who knows how to protect their legal rights. At Deldar Legal, we serve accident victims throughout California. Call (844) 335-3271 or contact us online to schedule your free consultation with an experienced California scooter accident attorney. Our lawyers fight hard to protect your legal right to full and fair compensation for all losses caused by your injuries.

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