The electric scooter industry, spearheaded by companies like Bird and Lime, has made its presence known in many major metropolitan areas like Dallas. Still, while business seems to be booming, safety appears to have taken a back seat. Accidents involving electric scooters are all too common on Dallas roads. If you were injured in a scooter accident, you might wonder if you have any recourse and as a Dallas scooter accident lawyer, let me tell you, you do.
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Electric Scooter Accident Statistics
Scooter accident statistics information has been growing over the years. According to the U.S. Consumer Product Safety Commission (CPSC), there were more than 190,000 emergency room visits due to electric scooter products from 2017 through 2020.
Emergency room visits saw a staggering 70% increase from 34,000 in 2017 to 57,800 in 2020. The CPSC is aware of 71 fatalities associated with e-scooter products from 2017 through 2020, although reporting is incomplete.
The CPSC categorizes the hazards associated with scooters into three broad areas: mechanical, electrical, and human factors. The human factor is the most significant for several reasons.
Many people, including scooter operators and motor vehicle drivers, do not know the laws and regulations involving electric scooters. This ignorance can lead to accidents at intersections, roadways, and bike lanes. Since the state does not require adults to wear helmets, many scooter operators sustain severe head and brain trauma in electric scooter accidents.
Electric Scooter Accident Injuries
Because electric scooter operators are extra vulnerable, they can sustain serious injuries in a collision. According to the CPSC, injuries frequently happen to upper and lower limbs, the head, and the neck. Other Injuries sustained in electric scooter accidents may include the following.
- Facial injuries;
- Road rash;
- Amputation;
- Fractures and broken bones;
- Bruising and lacerations;
- Spinal cord injuries, including paralysis; and
- Head and brain trauma.
In an accident with a scooter, the victim is often a pedestrian because the scooter driver will remain on the sidewalks or near the walking areas. Objects or other items involved in the accident can increase property damage and possible injuries as well.
Electric Scooter Personal Injury Case
Liability for an electric scooter accident depends on how the accident occurred and who is at fault. In some cases, several parties may share liability.
Many of the most common accidents occur due to operator negligence, manufacturing defects during production or design, or a collision with another party, such as a vehicle, pedestrian, or bicyclist. Regardless of how the accident occurred, if you are the victim, you will need to establish liability so that you can receive compensation for your damages.
If your case is based upon negligence, you will need to prove the following:
- The driver or other party owed you a duty of care,
- The driver or other party violated the duty they owed to you,
- The driver’s or other party’s negligence caused your injuries, and
- There are specific damages you suffered due to the driver’s negligence.
Like any motor vehicle crash, if the driver of another vehicle involved in a scooter accident could be cited for distracted or drunk driving, failure to yield, speeding, and reckless or negligent driving, this could make a clear case for negligence.
On the other hand, if the accident was due to your misuse or recklessness, you may be personally responsible for your injuries or those you cause to others. That’s why it’s crucial to address the issue of who was at fault.
Missouri operates on a pure comparative fault system, which determines how the damages incurred from a collision will be split among all parties, including the accident victim.
If evidence reveals that the scooter victim was partially at fault, the court will deduct their percentage of fault. For example, if the court finds the scooter victim to be 30% at fault, an award of $100,000 would be reduced to $70,000.
Alternatively, if your case is not based on negligence but on a riding hazard—such as a broken sidewalk—that caused a crash, a premises liability claim may be the right course of action to recover any resulting damages.
There could also be a potential claim against the company that manufactured the scooter. If the scooter’s brakes malfunction, the scooter had electrical problems, or the scooter’s mechanics failed to work properly, there might be a claim against the maker of the scooter. In these situations, the scooter company may have a defective product, a defective part, or a manufacturing issue with a whole product line.
Depending on the situation, the scooter rental company could also be found at fault. Reaching out to an electric scooter accident lawyer is your best bet in determining the proper defendant and whether you can prove liability.
Contact Our Scooter Accident Attorneys Today
At The Law Offices of Aaron Herbert, we are the premier Dallas law firm for personal injury and catastrophic injuries, with over 20 years of litigation experience and a passion for serving as advocates for our clients.
We are scooter accident attorneys with an approachable but professional, client-focused firm. Contact us today at (214) 200-4878.