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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