Fuller Law Firm
408-234-7563
79 Devine Street, Suite 100, San Jose, CA 95110
408-234-7563
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408-234-7563
E-scooters have become a common sight on California streets. They offer a convenient way to travel, but also present risks. Riders are often exposed and vulnerable if they crash into cars, trucks, or even people walking on the sidewalk.
When an accident happens, one of the most important questions is not just who caused it, but how much responsibility each party bears if more than one party is responsible. Under California law, both an e-scooter rider and a driver may share blame. If you were injured in an e-scooter crash, a Gilroy, CA personal injury attorney may be able to help you pursue compensation even if you were partly at fault.
California follows a system of pure comparative fault under Civil Code Section 1714. This means that someone who is injured can recover damages even if they were partly responsible for the accident. However, these damages will be reduced by their percentage of fault.
For example, if an e-scooter rider is awarded $100,000 in damages but is found 25 percent at fault for weaving through traffic, they could receive $75,000 in practice. The same principle applies to drivers injured in collisions with e-scooter riders — liability is shared based on each party’s contribution to the crash.
E-scooter accidents often involve multiple factors that make fault unclear. Some examples include:
An e-scooter rider weaves between vehicles without signaling, and a speeding driver collides with that rider.
An e-scooter rider who is complying with traffic rules is hit by a distracted driver who was texting behind the wheel.
A car swerves to avoid a pothole and collides with an e-scooter rider who was riding outside the designated bike lane.
In each situation, comparative fault allows the court to assign percentages of blame and adjust compensation accordingly.
E-scooter riders are especially vulnerable to severe injuries such as fractures, traumatic brain injuries, and spinal cord damage. Medical bills and lost wages can be significant, so reducing compensation by even a small percentage can make a major difference.
Insurance companies know this and usually try to argue that riders were careless to try to pay less. A good lawyer will fight the insurance companies and make sure fault is assigned fairly.
If you were injured in an e-scooter accident in California, do not assume you cannot file a lawsuit just because you may have been partly at fault. A skilled Gilroy, CA personal injury lawyer can gather evidence, work with accident reconstruction experts, and fight to maximize your compensation under California’s comparative fault rules. Call 408-234-7563 today to schedule your free consultation.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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