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Determining Liability in E-Scooter Accidents

 Posted on August 08, 2023 in Personal Injury

Freemont, CA e-scooter accident lawyerThe emergence of electric scooters has transformed the urban landscape in California, becoming a popular mode of transportation for many commuters and tourists. However, as their popularity grows, so does the concern over e-scooter accidents and the complexities of determining liability in such cases.

Who is Responsible?

E-scooter accidents often involve shared responsibility between multiple parties. The rider, pedestrians, other motorists, and even e-scooter companies may all play a role in contributing to an accident. Determining each party's level of responsibility is crucial in establishing liability.

Negligence is a central concept in personal injury cases, including e-scooter accidents. The injured party must present evidence that the at-fault party owed a duty of care and breached that duty, causing the accident due to their negligence. An at-fault example would be if a rider fails to follow traffic rules resulting in a collision with a pedestrian. They might then be deemed negligent.

Determining E-Scooter Liability

E-scooter companies typically have user agreements that attempt to limit their liability for accidents. However, these agreements do not always absolve them entirely. If an accident occurs due to a defective e-scooter or poor maintenance, the e-scooter company might still bear some responsibility.

In some cases, poorly maintained roads, inadequate signage, or lack of designated e-scooter lanes may contribute to accidents. When this happens, the city or municipality responsible for road maintenance and safety might share liability.

California follows the doctrine of comparative negligence, meaning the court assesses each party's level of fault in an accident. Compensation is then reduced proportionally to the injured party's degree of fault. For instance, if a court finds the rider 30 percent responsible for an accident, the compensation they can receive will be reduced by that percentage.

Responsibilities, Rights, and Statute of Limitations

E-scooter riders must adhere to traffic rules, use bike lanes when available, and exercise caution while riding. Failure to do so may impact their ability to seek full compensation in case of an accident.

Pedestrians have the right of way in crosswalks and must be given enough space by e-scooter riders to pass safely. E-scooter riders should be mindful of pedestrian traffic and avoid reckless behavior around pedestrians.

California has a two-year statute of limitations for filing personal injury claims. If your injury was not discovered right away, you have one year from the date of discovery to file a lawsuit. Those injured in e-scooter accidents must be aware of these time limits and take prompt action to protect their rights.

Seek Out a Santa Clara County E-Scooter Accident Attorney

Navigating the legal complexities of e-scooter accidents in California requires guidance. Engaging Santa Clara County personal injury attorney Cory Fuller of Fuller Law Firm regarding e-scooter accidents can significantly increase the chances of establishing liability and obtaining fair compensation for injuries and damages. Call 408-234-7563 today.



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