Electric scooters or e-scooters are becoming increasingly popular, especially in urban areas, as a convenient and eco-friendly mode of transport. However, as more people embrace the e-scooter trend, the number of e-scooter accidents is also on the rise. 

When an e-scooter accident happens, different parties may be liable for the accident, and establishing liability is essential to receive compensation for one’s injuries and damages.

Let’s look at who can be held responsible, the evidence that can be used to establish liability, and what you can claim in an e-scooter accident.

Who Can Be Held Liable in an E-scooter Accident?

Multiple parties can be held responsible for the occurrence of an e-scooter accident in Burbank City. These may include:

  • Other Road Users

Other road users, such as motor vehicle drivers, motorcyclists, cyclists, or other e-scooter riders, can be responsible for an accident.

For example, if a driver is driving while intoxicated, speeding, driving too close to an e-scooter rider, or is distracted while driving, they may cause a devastating accident that could have been preventable in the first place. Similarly, since e-scooter riders are typically allowed to use bike lanes, cyclists may not be expecting an e-scooter to travel at the speed they are, which can lead to collisions. 

If other road users engage in negligent behavior on the road leading to an e-scooter accident, they can be held liable for the accident.

  • The E-scooter Manufacturer

E-scooter manufacturers could also be liable for an e-scooter accident. Manufacturers are responsible for ensuring the vehicles are designed and manufactured to meet all necessary safety standards. In 2018, for instance, Lime, one of the largest e-scooter companies, recalled thousands of e-scooters due to numerous reports of their vehicles breaking apart during use.

If an e-scooter has a defect, such as faulty brakes or defective battery, that leads to an accident, the manufacturer could be held liable for the injuries sustained by the rider.

  • The Government

The government, too, can be held liable for e-scooter accidents. For example, if the accident was caused by a road hazard such as a pothole, poorly maintained bike baths, or other roadway defects the government should have fixed, you can hold the government responsible for any injuries or damages.

You may have limited time- as little as 30 days- to file a claim against the government, so it is best to contact an attorney as soon as possible.

  • The E-scooter Rental Company

Finally, a rental company may also be liable for an e-scooter accident. With the click of a button, one can quickly locate and rent sharable e-scooters scattered throughout city streets. Over time, the e-scooters may develop issues due to heavy use.

Rental companies have the responsibility to repair and maintain their fleet. If they fail to do so and someone is injured due to a malfunctioning e-scooter, they can be held liable for the injuries and damages the user suffers. 

If you are injured in an e-scooter accident, you would have to prove that the company failed to remedy a known issue within a reasonable timeframe and that repairs or replacement of the e-scooter could have prevented the accident from happening.

What Evidence Can Be Used to Establish Liability?

In establishing liability in an e-scooter accident, you, as the injured party, have the burden of proof. This means you must provide clear, convincing, and sufficient evidence to support your claim. The court will require you to prove your case by a preponderance of the evidence, which means that it is more likely than not that your claim is true. 

Here is the evidence you may need to provide:

  • Photographs of the Accident Scene

Photos are valuable in documenting the accident scene, your injuries, and any damages to the e-scooter. They can also help identify any factors contributing to the accident, such as road hazards.

  • Footage

Footage from nearby surveillance cameras, dashboard cameras in other vehicles, or the e-scooter can provide visual proof of the accident, which can be used to establish liability.

  • Police Reports

Police reports can provide valuable information about the circumstances of the accident and any traffic violations that may have led to the accident.

  • Eyewitness Accounts

Eyewitnesses can provide crucial information about what happened in the incident. Their testimony can help establish the events leading up to the accident and identify the factors that may have caused it.

  • Expert Testimony

Experts in accident reconstruction, engineering, and product safety can provide valuable insights that can help determine how the accident occurred and who is responsible.

  • Medical Records and Bills

Medical records and bills can show the extent of your injuries and the expenses incurred. They can also show the severity of damages suffered and their impact on your life.

It is advisable to consult with a personal injury lawyer who can investigate your case, gather critical evidence before it is lost or destroyed, and present your claim in court. An experienced attorney can help you recover the compensation you deserve.

Possible Claims in an E-scooter Accident

If you are involved in an e-scooter accident, you may be able to claim the following damages:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering.

Contact Our Experienced E-scooter Accident Attorney in Burbank Today

If you have been hurt in an e-scooter accident in Burbank, California, look no further than Avaness Law. Our team of experienced e-scooter accident attorneys can help you seek the compensation you deserve for your damages. Contact us at (818) 435-3932 or online to schedule a free consultation today.