What Happens if I Get Hurt on an E-scooter?
If you get hurt on an e-scooter due to someone else’s negligence, you may file a personal injury claim to seek compensation for your injuries. This process involves gathering evidence to prove that the other party was at fault, such as accident reports, medical records, and witness statements.
You must also demonstrate the extent of your damages, including medical expenses and lost income. If you cannot reach a fair settlement, your case may go to court, where a judge or jury will decide the outcome.
Throughout this process, an experienced Phoenix personal injury attorney can help. They can investigate your accident circumstances, gather evidence, and help prove the necessary legal elements, enabling you to recover compensation for your losses.
Common E-scooter Accident Injuries
E-scooter accidents are becoming more common, and when they happen due to someone else’s negligence, the resulting injuries can be serious. Riders often suffer injuries from collisions with cars, pedestrians, or even from hitting obstacles in the road that may have been avoided if someone had taken proper care.
The following are the most common types of injuries that occur in e-scooter accidents.
- First, head injuries are frequent and can be very dangerous. A collision can cause a person to be thrown off the scooter, leading to concussions or more severe traumatic brain injuries (TBI). Even minor bumps to the head can lead to headaches, dizziness, and confusion, but more serious head trauma may require long-term medical care.
- Broken bones are another common injury in e-scooter accidents. Riders can break their arms, wrists, or legs if they fall or are hit by a car. When people try to brace themselves during a fall, they may extend their arms, leading to fractures in the wrists or forearms. Legs and ankles are also vulnerable since the rider’s feet are usually on a small platform during the crash.
- Cuts, scrapes, and bruises often occur as well. These may seem less serious but can still hurt and require medical attention. When an accident throws someone from an e-scooter, they may skid along the pavement, leading to road rash or deep cuts that can become infected without proper care.
- Spinal cord injuries are less common but extremely serious. A hard impact can lead to damage to the spine, which may cause partial or total paralysis, depending on the severity of the injury. Even minor damage to the back can lead to chronic pain and mobility issues.
- Finally, soft tissue injuries, such as sprains and strains, are frequent in e-scooter accidents. These can affect muscles, ligaments, or tendons, causing pain and stiffness. While these injuries may not always seem severe, they can take weeks or even months to fully heal.
In e-scooter accidents resulting from negligence, these injuries can have long-lasting effects on a person’s health and well-being, often requiring significant medical treatment and recovery time.
How Do E-scooter Accidents Frequently Happen?
E-scooter accidents can happen for many reasons, and often, they result from someone else’s negligence. When someone fails to act responsibly, their careless behavior can create dangerous situations for e-scooter riders.
Several common types of negligence can lead to e-scooter accidents, especially in cities where these scooters are frequently used.
- One of the most common forms of negligence is reckless driving by car drivers. Drivers who fail to pay attention to their surroundings or are distracted by their phones can easily miss seeing an e-scooter rider. This can lead to collisions, especially at intersections or when drivers turn without checking their blind spot. Speeding or driving under the influence of drugs or alcohol also increases the chances of hitting an e-scooter, as the driver has less time to react.
- Failure to yield is another example of negligence. In many areas, motorists should treat e-scooters like bicycles or other vehicles, meaning they have the right of way in certain situations. However, some drivers ignore this right-of-way, cutting off or pulling in front of e-scooter riders, causing accidents.
- Negligence by pedestrians can also lead to accidents. Pedestrians who step into the path of an e-scooter without looking, such as when they cross the street outside of a crosswalk or step off a curb suddenly, put riders in danger. In these cases, the rider may not have enough time to stop or swerve, resulting in a crash.
- Another form of negligence comes from road maintenance crews or city authorities. If roads are not properly maintained, potholes, cracks, and uneven surfaces can cause e-scooter riders to lose control and fall. These road hazards should be repaired quickly, but when they are not, accidents are more likely to occur. Additionally, construction sites that leave debris or equipment in bike lanes or on sidewalks can create dangerous obstacles for riders.
In all of these cases, others’ negligence can lead to serious e-scooter accidents. Riders who suffer an injury because of someone else’s carelessness can seek compensation for their injuries, especially if proper caution could have avoided the accident.
Proving an E-scooter Accident Case Successfully
In an e-scooter accident case, several legal elements must be proven to establish liability and secure compensation for injuries.
You need a lawyer who understands these elements and who can gather the right evidence to build a strong case.
Legal Elements of Proof
- Duty of Care – The first element is demonstrating that the other party owed a legal duty of care. This means that the at-fault person or entity needed to act responsibly and avoid causing harm. For example, drivers must follow traffic laws and be aware of their surroundings.
- Breach of Duty – Next, you must show that the other party breached their duty of care. This can involve actions like speeding, driving under the influence, or failing to yield to an e-scooter rider. A breach indicates that the responsible party did not act as a reasonable person would in a similar situation.
- Causation – Establishing a direct link between the breach of duty and the accident is essential. You need to prove that the other party’s negligence was a significant factor in causing the accident. This is often done through witness statements, expert testimony, or accident reconstruction.
- Damages – Finally, you must demonstrate that you suffered actual damages as a direct result of the e-scooter accident. Damages can include medical expenses, lost income, pain and suffering, and property damage. You must quantify these losses to establish the amount of compensation you seek.
Types of Evidence
To prove these legal elements, you need evidence, including:
- Medical Records – These documents provide proof of your injuries and the treatment received. They can include hospital bills, doctors’ notes, and physical therapy records, which help quantify your medical expenses.
- Accident Reports – If the police were called to the scene, their report can serve as vital evidence. It typically contains details about the accident, witness statements, and the responding officer’s observations.
- Witness Statements – Eyewitnesses can provide firsthand accounts of what happened during the accident. Their testimony can support your claims about how the accident occurred and who was at fault.
- Photographs and Videos – Images of the accident scene, damage to the e-scooter, and any road hazards can visually demonstrate the circumstances of the accident. Video footage from surveillance cameras can also provide powerful evidence.
- Expert Testimony – In some cases, an expert, such as an accident reconstruction specialist, can establish exactly how the accident occurred and the extent of your injuries.
By proving the legal elements and gathering strong evidence, you can build a compelling case for compensation in an e-scooter accident case.
Recovering Damages for Injuries in an E-scooter Accident
When an e-scooter accident injures you due to someone else’s negligence, you may recover compensation for your losses. This compensation covers the costs of your injuries, financial losses, and emotional suffering.
You can recover compensation for:
- First, medical expenses are typically the most significant loss an accident victim can experience. E-scooter accidents can lead to serious injuries, like broken bones, head injuries, or spinal cord damage. Compensation can cover your hospital bills, doctor’s visits, medications, physical therapy, and even long-term care if your injuries are severe. It can include your future medical treatment, such as ongoing therapy or surgeries.
- Another economic damage is lost income. If your injuries prevent you from working temporarily or permanently, you can recover compensation for the income you’ve lost. This includes the pay you missed while recovering from your injuries, as well as any future lost earnings if you cannot return to work at full capacity – or at all. In some cases, compensation can also cover the loss of earning potential if your injuries prevent you from pursuing the same career as before the accident.
- Pain and suffering is another category of recoverable damages. Compensation for this loss is designed to account for the physical pain and emotional distress resulting from the accident. Injuries from an e-scooter accident can be extremely painful, and recovery can be long and difficult. Additionally, the trauma of the accident may lead to emotional issues like anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for pain and suffering is meant to recognize these non-economic losses.
- In some cases, you may recover property damage compensation. If your e-scooter or other personal property, such as your phone or bag, was damaged in the accident, you can recover the costs to repair or replace these items.
- Finally, if the negligence was particularly reckless or intentional, you can recover punitive damages. These damages punish the wrongdoer and discourage similar behavior, though they are less common.
How Can a Lawyer Help with Your E-scooter Accident Case?
A knowledgeable e-scooter accident lawyer can negotiate a settlement or litigate your case in court.
Their knowledge of personal injury law and familiarity with e-scooter regulations enable them to effectively advocate for your rights and ensure that you receive fair compensation for your injuries.
- One of the primary roles of a lawyer is to investigate the accident thoroughly. They will gather evidence, including medical records, accident reports, witness statements, and any available video footage. Comprehensive evidence collection helps establish liability, demonstrating how another party’s negligence caused the accident. By presenting a strong case, your lawyer can effectively argue for a settlement that reflects the full extent of your damages.
- During the negotiation process, a skilled lawyer will assess the value of your case. They consider various factors, such as your medical expenses, lost income, pain and suffering, and any long-term effects of your injuries. By calculating these damages accurately, your lawyer can develop a strategy for negotiation and help you set realistic expectations.
- When negotiating with insurance companies, having an experienced lawyer on your side is best. Insurance adjusters often try to minimize payouts to protect their company’s bottom line. A knowledgeable lawyer understands these tactics and can counteract them effectively. They will communicate directly with the insurance company on your behalf, ensuring that you do not unintentionally say anything that may harm your case. If the insurance company offers a settlement, your lawyer can help you evaluate whether it’s fair and adequate under the circumstances.
- If negotiations do not lead to a satisfactory settlement offer, your personal injury attorney will be prepared to litigate your case in court. This involves filing a lawsuit and presenting your case before a judge and jury. A lawyer knows the legal procedures and requirements, ensuring that all documents are filed correctly and on time. In court, they will present evidence, call witnesses, and argue your case effectively to advocate for the compensation you deserve.
Throughout this process, your lawyer will inform you and guide you on your options. Their knowledge and experience can significantly increase your chances of a favorable outcome, whether through negotiation or litigation.
Contact a Knowledgeable E-scooter Accident Lawyer Today
Robert Boatman, Phoenix Personal Injury Attorney
If you recently sustained injuries in an e-scooter accident that resulted from someone else’s negligence, a skilled personal injury attorney can handle every step of the legal process for you while you focus on recovering from your injuries.
Specifically, your attorney can investigate the accident circumstances, gather documentation, file a claim on your behalf, and, if necessary, litigate your case to a conclusion in court.