Electric scooters, commonly called E-scooters, have become more popular than ever in the Modesto area for getting around quickly. These E-scooters are shareable devices, and many rides start at just one dollar. A person can request a scooter by using a mobile app on their electronic device. The person then uses the scooter and drops it off at an established location when they finish with it. Nearly everywhere you look in town, you can see these scooters on the roads and sidewalks.
However, with the increase in e-scooters comes the possibility of serious accidents involving these vehicles. In most cases, e-scooter accidents happen because of careless, negligent, and reckless motor vehicle operation.
Unlike the operators and passengers of cars and trucks, e-scooter riders do not have an outer shell covering them at the time of impact. Even if the scooter rider is wearing a helmet at the time of impact, the helmet can break, and the rider can fall to the ground injuring numerous body parts.
If you suffered one or more injuries in an e-scooter accident that a negligent driver caused, you may recover monetary compensation. A knowledgeable Modesto scooter accident attorney at Nadrich & Cohen Accident Injury Lawyers can file a claim against the at-fault driver on your behalf and then zealously advocate for your interests. Our legal team can work hard to get you the compensation that you deserve for all of your accident-related injuries.
Why an Attorney is Important Following an E-scooter Accident
Having an experienced attorney represent you following an e-scooter accident is extremely important. Many of these accidents result from motor vehicle driver negligence and carelessness. Consequently, when a rider suffers an injury, they typically go up against the at-fault driver’s motor vehicle insurance company. Insurance companies are going to do everything possible to save money. Therefore, they will have no problem contesting fault for the scooter accident or limiting their liability in some other way.
An experienced lawyer can take on the insurance company directly and help you prove the legal elements of your claim. Specifically, as the accident victim, you will need to demonstrate that the at-fault driver (or someone else) behaved negligently and unreasonably under the circumstances. Typically, this means that the driver must have violated one or more traffic laws. In addition, the accident victim must show that the driver’s negligence caused the accident that led to your injury or injuries.
In addition, a knowledgeable Modesto e-scooter accident attorney can satisfy all of the necessary time deadlines. California has one of the nation’s shortest personal injury statutes of limitation. Specifically, you only have two years from the date of your accident in which to file a claim or lawsuit arising from your injuries. A knowledgeable attorney can file a lawsuit promptly, safeguarding your right to recover monetary compensation for your injuries.
Finally, your attorney can assist you throughout the insurance claim and litigation processes. When filing a claim, you must include all of the necessary documentation to support it. Your attorney can submit a settlement demand package on your behalf, and most importantly, can negotiate with the insurance company adjuster to pursue a favorable settlement offer in your case.
The insurance company will not do you any favors regarding a good settlement. Your attorney, however, can advocate for your legal interests and highlight the strengths of your case.
Nadrich & Cohen Accident Injury Lawyers
Modesto, CA 95354
Moreover, if the insurance company will not put a favorable settlement on the table, your lawyer can file a lawsuit in court. If the case still does not settle and goes to trial or alternative dispute resolution (such as mediation or arbitration), your attorney can represent you at all legal proceedings to pursue the compensation you need.
Common Dangers Associated With E-scooters and Common Injuries
There are numerous dangers connected with electric scooters in California. Although these devices are not necessarily new, they still endanger riders. First of all, e-scooters typically move at far lower rates of speed than other motor vehicles that may be operating nearby. Moreover, these devices do not provide riders with any extra protection surrounding them at the time of impact.
A rider can fall off the device and suffer very serious injuries. In some instances, those injuries can even be life-threatening. Common injuries that result from e-scooter accidents include traumatic head and brain injuries (such as when a rider’s helmet cracks in the collision), broken bones, soft tissue injuries, internal injuries, road rash, and spinal cord injuries, including paralysis.
If you suffered any of these injuries in an e-scooter accident due to another driver’s negligence, immediately seek medical help at a nearby hospital or urgent care center. Even if you are not sure how seriously you were injured—or if you were injured at all—you should still seek follow-up medical treatment. A healthcare provider can provide you with emergency assistance and can take the necessary CAT scans, MRIs, and X-rays to determine the seriousness of your injuries.
A relatively minor injury that goes untreated can develop into a far more serious injury as time passes. Therefore, you should always seek same-day follow-up medical treatment if possible. In addition, the emergency room doctor can recommend follow-up treatment to you or refer you to a specialist, such as an orthopedic doctor, if you suffer a broken bone.
The knowledgeable Modesto e-scooter accident lawyers at Nadrich & Cohen Accident Injury Lawyers can assist you with the legal aspects of your claim while you concentrate on recovering from your injuries. Specifically, our legal team can begin accessing the police report, witness statements, medical records, and medical bills and assembling a settlement demand package for the insurance company. Your top priority after an e-scooter accident should be getting better and recovering from your injuries to the greatest extent possible.
Liability for an E-scooter Accident
California is a fault-based (or tort) state regarding motor vehicle accidents, including e-scooter collisions. Therefore, the accident victim has the burden of proof and must demonstrate that someone else caused the accident that led to the victim’s injuries. E-scooter accidents happen for many reasons, but one of the most common causes is driver error.
Some common types of driver negligence that can lead to a collision with an e-scooter include:
- Tailgating the e-scooter
- Failing to yield the right-of-way to the scooter operator
- Making unsafe lane changes or passes
In addition to these unsafe driving maneuvers, e-scooter accidents can happen when a driver is distracted while behind the wheel. Distracted driving, like negligent driving, takes many different forms. In some instances, the driver might pay attention to a cellular device, such as when texting or calling, instead of paying attention to the road. Alternatively, the driver might be listening to loud music in the car or roughhousing with passengers.
Whenever a driver diverts attention away from the road for any reason, they drive distracted. Even a one or two-second lapse can prevent a driver from seeing an e-scooter operator who is low to the ground. If the driver fails to see the scooter operator and brings about a collision, then the scooter rider can fall to the ground and suffer serious injuries.
Another common cause of e-scooter accidents is intoxicated motor vehicle operation. Drivers who operate their vehicles while they are under the illegal influence of drugs or alcohol can bring about a serious collision. Alcohol, for example, is a depressant and can slow down the central nervous system’s ability to function. It can also delay a driver’s reaction time, preventing them from avoiding a collision.
Moreover, intoxicated driving can lead to various physical symptoms, such as blurred vision, preventing the driver from judging depth or distance. Since collisions between intoxicated motor vehicle drivers and electric scooters often occur at high rates of speed, the injuries that an accident victim suffers can be catastrophic and, in some cases, deadly.
Motor vehicle driver negligence is not the only cause of e-scooter accidents in Modesto. In some instances, these collisions happen because some part of the scooter is defective. For example, the braking system or the steering mechanism on the scooter might not be working correctly at the time of the collision. Consequently, the operator can lose control of the vehicle, and it can crash into a car or a stationary object on the side of the road.
Likewise, the scooter manufacturer might have taken a shortcut or two when designing the scooter, leading to the collision. When a scooter rider can prove that a product manufacturer, designer or distributor acted negligently under the circumstances, then they might be eligible to recover compensation for their injuries.
In addition to product defects, e-scooter accidents can happen when a repair facility performs defective work on the vehicle. Repair centers are responsible for performing all work in a careful and workmanlike manner. When employees do not perform the necessary repair work—or they negligently do it—the scooter can malfunction, bringing about a serious collision.
With product defects and deficient repair work, an expert is usually necessary to establish the burden of proof in the case. In other words, the expert must state that the product defect or the deficient repair work was a potential cause of the accident that led to the rider’s injuries.
Satisfying the legal burden of proof in an e-scooter accident case is sometimes an uphill battle. However, the knowledgeable Modesto e-scooter accident attorneys at Nadrich & Cohen Accident Injury Lawyers can assist you with meeting your burden and getting you the compensation that you deserve for your injuries. If the insurance company does not compensate you fairly, we welcome the opportunity to litigate your case in the court system, and if necessary, take your case to a jury trial.
Compensable Damages in Personal Injury Cases Stemming From E-scooter Accidents
Victims of electric scooter accidents can suffer extremely serious damages that can leave them incapacitated for a long time. If they demonstrate that their accident occurred because of another person’s negligence, they can be eligible to recover various types of monetary compensation. The damages that a scooter accident victim can recover will depend upon the cost of the medical treatment they received, the severity of the injuries (including whether those injuries are permanent), and the types of injuries sustained.
First of all, e-scooter accident victims can pursue monetary compensation for all of their related medical expenses, including the costs of medical procedures that they underwent following the accident. In addition, if the scooter accident victim needed to miss work time to attend medical appointments—or just due to the pain from the injuries—the accident victim can bring a lost wage claim. They can seek other out-of-pocket costs as well.
Accident victims might also be eligible for non-economic damages, such as compensation for inconvenience, pain, suffering and mental distress. If the scooter accident victim suffered a permanent injury or disability, the accident victim can seek compensation for loss of the ability to use a body part, loss of enjoyment of life and/or loss of family support or spousal companionship. A knowledgeable Modesto e-scooter accident attorney can explore your eligibility for each of these different types of damages and will work to maximize the compensation that you ultimately recover in your case.
Call a Modesto E-scooter Accident Attorney About Your Legal Matter Today
E-scooter accidents can cause riders to suffer extremely serious and debilitating injuries. This is especially true if the accident throws the rider onto a hard surface. If you have suffered one or more injuries because of another person’s negligence, you might be entitled to monetary compensation for your injuries.
The skilled legal team at Nadrich & Cohen Accident Injury Lawyers can assist you with every step of the claims-filing and litigation processes and work to get you the compensation that you deserve. For a free case evaluation and consultation with an experienced e-scooter accident lawyer, please call our Modesto office at (209) 255-6761 or contact us online.