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When Can You Sue for E-Scooter Accident Injuries? 


— November 18, 2024

E-scooter accidents have become an unfortunate part of modern urban commuting, but legal recourse is available for those who have been injured due to another party’s negligence.


E-scooters have become a popular mode of urban transportation in recent years, offering a convenient, eco-friendly option for short trips around the city. However, with their rise in use, accidents involving e-scooters have also increased significantly. While some of these incidents result in minor scrapes and bruises, others can lead to severe injuries, creating grounds for legal action. If you’ve experienced an e-scooter accident, you may wonder when it’s possible to sue for the resulting injuries.

Read on to learn more.

Understanding E-Scooter Accident Liability 

Liability in e-scooter accidents can be complex, involving multiple parties and unique regulations. Unlike car accidents, where laws are more clearly defined, liability in e-scooter accidents requires investigation. Here are some common parties who may be responsible:

  • E-Scooter Riders: In cases where one rider’s reckless or negligent actions led to another rider’s injury, the at-fault party may be liable.
  • E-Scooter Companies: Companies that own and manage fleets of e-scooters could be held liable if their vehicles are poorly maintained, improperly programmed, or defective.
  • Motorists: When a motorist fails to yield or hits an e-scooter rider, they may be liable for any resulting injuries. Motor vehicle operators are required to be cautious and vigilant, especially in areas where e-scooters are commonly used.
  • Pedestrians or Cyclists: In cases where a pedestrian or cyclist behaves negligently and contributes to an accident, they may also be liable for damages.

In the aftermath of an accident, seeking guidance on the legal remedies available is crucial. By consulting an attorney experienced in handling e-scooter accident injuries, you can seek justice and compensation.

Situations Where a Lawsuit May Be Appropriate 

To pursue legal action, certain conditions generally must be met. Below are some situations where suing for e-scooter accident injuries could be justified:

Manufacturer Defects and Product Liability Claims 

When the accident is due to a defect in the e-scooter, the manufacturer could be held responsible. Product liability claims arise when a manufacturing defect, design flaw, or inadequate warning label leads to an injury. For example, if an e-scooter suddenly malfunctions—such as losing braking power or experiencing a sudden power surge—this could justify a lawsuit. Under product liability law, manufacturers are responsible for ensuring their products are safe for public use.

Negligence by an E-Scooter Company 

In cases where the e-scooter company fails to maintain its vehicles or neglects software updates, it could be considered negligent. Poor maintenance practices may include failing to repair malfunctioning brakes, overlooking flat tires, or ignoring other safety concerns. E-scooter companies have a responsibility to provide safe, functional vehicles to the public. If they don’t meet this duty of care, injured parties may be eligible to pursue compensation.

Motorist Negligence 

Motorists are required to drive safely and avoid causing harm to others on the road. If a driver collides with an e-scooter rider due to distracted driving, speeding, failing to yield, or another form of negligence, they may be held liable. Motorist negligence is a common cause of e-scooter accidents, especially in busy urban areas. Lawsuits against negligent drivers may cover medical costs, lost wages, and other damages resulting from the accident.

Hazardous Road Conditions 

In some cases, a poorly maintained road or obstructed pathway may be the primary cause of an accident involving electric scooters. Potholes, debris, uneven surfaces, and lack of signage are all examples of hazardous conditions that can lead to injury. When a government entity or private property owner fails to maintain safe pathways, they may be liable for accidents caused by unsafe conditions. Filing a claim against a government entity with the assistance of an electric scooter accident lawyer may require a more complex legal process, but injured parties are entitled to compensation if negligence is proven.

Types of Injuries Common in E-Scooter Accidents  

E-scooter accidents can cause a wide range of injuries. Understanding the types of injuries that may justify legal action is crucial for anyone considering a lawsuit. Some of the most common e-scooter accident injuries include:

X-ray of person with broken collarbone; image by Harlie Raethel, via Unsplash.com.
Image by Harlie Raethel, via Unsplash.com.
  • Head Injuries: Even when helmets are worn, riders can suffer from concussions, a traumatic brain injury (TBI), and skull fractures.
  • Fractures and Broken Bones: Falls and collisions result in broken bones, particularly in the arms, wrists, and legs.
  • Spinal Cord Injuries: Severe accidents may lead to spinal cord damage, resulting in chronic pain or even paralysis.
  • Internal Injuries: High-impact collisions can cause internal bleeding or damage to organs, sometimes requiring surgery.
  • Soft Tissue Injuries: These include sprains, strains, and deep bruises that can take weeks or months to heal.

In cases involving significant scooter injuries, a personal injury lawsuit can help cover expenses related to seeking medical attention/hospital admission, rehabilitation, and other financial burdens.

Concluding Thoughts 

E-scooter accidents have become an unfortunate part of modern urban commuting, but legal recourse is available for those who have been injured due to another party’s negligence. With the information mentioned above in mind, understanding your rights and seeking the guidance of an electric scooter accident lawyer can help you navigate the complexities of a lawsuit.

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