What Constitutes Negligence in a Scooter Accident?

With scooter ridership rapidly rising across California cities, so too is the rate of injury. Rental Scooters and ones that are privately owned present unique challenges when navigating the legal process when filing a claim. This blog will help you understand how we at Beverly Hills Injury Firm will maximize your compensation.

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How Do You Prove Negligence IN a Scooter Accident Case?

Proving negligence in a scooter accident is essential if you have been injured.
The good news is, at Beverly Hills Injury Firm, we get how annoying and frustrating these cases can be. In the video below I review what it takes to make a good claim and make sure we can maximize your settlement.

For instance, when trying to prove negligence in a scooter accident case:

Inattentive or speeding driver crashes into scooter rider.

An unsafe scooter hardware in a company failing

Hazards with Roads the Municipality Won't Fix

Scooter Colliding With Pedestrian Who Stumbled Just into the Scooter's Path

Negligence is basically an act, or lack there of, where an individual or company fails to take reasonable care which then causes injury or harm to another person. This could mean in the framework of a scooter incident:

The 4 Elements of Proving Negligence in Any Case

In order to hold a party liable in your scooter accident, you must establish the following four elements:

Duty of Care: The at-fault party owed a legal duty to act in a reasonable manner and not cause harm to the other party. It certainly goes both ways: drivers must respect cyclists and watch out for their safety, while scooter companies are expected to give us reliable, safe scooters.

Breach of Duty: The party broke its duty, say a driver who gets a text while on the road, or a company that keeps puttering scooters in service.

Causation: That breach directly caused your accident and injuries. In many instances this will need detailed research, and at times expert testimony.

Damages: You were a victim of harm such as physical injuries, resulting in medical bills and loss of wages or pain.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

What Evidence Will You Need To Establish Negligence?

The most important thing that you want to do in order for us to gather good evidence. Filing a Personal Injury Claim: Your Legal Team at Beverly Hills Injury Firm will Review:

Accident scene photos or video

Surveillance or dashcam footage

Eyewitness statements

Police reports

Medical records

Scooter data logs (for rentals)

Records for the scooter or roads

Expert accident reconstruction (if needed)

Doing this early on will support your claim and help to prevent lowball settlement offers.

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Negligence in Scooter Accidents. Who Is at Fault?

Figuring out how your accident occurred is crucial for determining who was at fault.

Common scenarios include:

Car vs Scooter Collisions: Usually a side effect of distracted, aggressive or drunk driving.

Scooter Malfunction: Scooters in use having brake failures, battery defects, or steering malfunctions which arose due to under-maintenance.

Roads in Poor Condition: potholes, broken side-walks, or debris in bike lanes easily mended through city maintenance but not addressed.

Pedestrians walking into scooter lanes: or not giving the right-of-way.
When this has happened, one must first identify the source of negligence to seek redress.

How California Laws Could Impact Your Case

California uses a ''comparative negligence'' rule; if you were partially to blame for the accident however, California law allows recovery by reducing the award in proportion to your fault.
Also, California's statute of limitations is two years, so you generally have to file a personal injury claim within two year of the accident occurring. Make sure not to wait too long, or you will be permanently from recovering any damages.

What makes Scooter Accident Claims Special? Edits in laws and Scooter Law Enforcement, Businesses, especially those with intricate insurance policies and liability waivers. Multiple potential defendants, Disputed evidence or causation. Multiple Parties May Be Liable.There are many instances of Scooter injury cases in which more than one party is responsible. These could include:

A negligent driver

e-Scooter (OEM or operator)

City or municipality (for road hazards)

Constructors (To leave from the dangerous work zones)

Property owner (sidewalk not properly maintained)

This helps in better taking action about your rights by performing a lawsuit against all responsible parties.

Types of Damages You Can Recover
in a Scooter Accident Case

If negligence is proven, then you might be entitled to get compensation for both your economic and non-economic damages.

Emergency medical care

Ongoing treatment and rehabilitation

Loss of income and loss of future earnings

Damaging property, ex: smashing phones or anything else

Pain and suffering

Emotional distress

Permanent disability or disfigurement

We will work for you until every penny of your damages is recovered at Beverly hills Injury Firm.

How are Rental Scooter Accidents
Assessed for Negligence?

What Can Give Rise to a Negligence Claim if Injured While on a Rental (Bird, Lime or Spin) Scooter?

A Faulty or Improperly Maintained Scooter

Crashing of app or malfunctioning of GPS resulting in hazardous routes

Failure to adequately warn or instruct users on the safe performance of maintenance or repair tasks.

The reforms will hold the electric scooter businesses accountable for maintaining safe and operational scooters. That would be called negligence, and we are not without means to enforce it.

At Beverly Hills Injury Firm, we handle serious personal injury litigation and can help you navigate scooter accident claims. From investigation to litigation, we fight for your rights and get results.

Get In Touch with Beverly Hills Injury Firm Now!
Do not hesitate to reach out if you have been harmed in a scooter crash because of someone else's actions. The quicker you act, the better chance you have at getting compensated for your injuries.
Speak with Beverly Hills Injury Firm now for free. We want to help you hold the negligent parties responsible so that you can concentrate on your recovery.
We turn chaos into order — and harm into healing.

We offer free consultations

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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