In California, e-scooter riders are classified similarly to cyclists under traffic laws, granting them equal road rights. This classification means that riders must adhere to the same rules as cyclists, such as riding in bike lanes where available and obeying traffic signals.
Determining fault in electric scooter accidents can be complex, as it may involve multiple parties, including drivers, riders, and scooter companies like Bird or Lime. If an accident is caused by defective equipment, scooter companies may be held liable under 'common carrier' principles, which require them to ensure their equipment is safe for public use.
California operates under a comparative negligence system, meaning that fault can be shared among parties involved in an accident. This system can reduce a rider's compensation if they are found partially responsible for the incident. For example, if a rider is deemed 30% at fault, their compensation could be reduced by that percentage.
Helmet laws also play a role in determining liability and compensation. While helmets are not required for riders over 18 in LA County, failing to wear one could impact compensation if it is determined that the lack of a helmet worsened the injuries sustained in the accident.
Steps to Take After an Electric Scooter Accident
In the aftermath of an electric scooter accident, taking the right steps is crucial for protecting your legal rights and ensuring a strong foundation for any potential claims. Below are essential actions to consider:
Immediate Actions
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Gather Evidence:
Document the scene by:- Taking photographs of the accident site, any visible injuries, and damage to the scooter or other involved vehicles.
- Collecting contact information from witnesses who can provide statements about the incident.
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Seek Medical Attention:
Even if injuries appear minor, it is imperative to:- Seek a medical evaluation. Some injuries may not be immediately apparent.
- Obtain a medical report, which can be a critical piece of evidence in any legal proceedings.
Legal Guidance
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Consult a Legal Professional:
Engage with a lawyer experienced in personal injury and electric scooter accidents to:- Understand your legal options.
- Identify liable parties and determine the viability of claims.
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Navigate Liability Issues:
Legal counsel can help address:- Complex liability questions, especially those involving large scooter companies, defective equipment, or shared fault under California’s comparative negligence laws.
Taking these steps can significantly impact the outcome of your case, providing a clearer path to obtaining compensation for any damages incurred.
How Goldfaden Benson Can Assist Victims of Electric Scooter Accidents
Goldfaden Benson is committed to providing comprehensive legal support to victims of electric scooter accidents. With extensive experience in handling personal injury cases, our firm is well-equipped to advocate for the rights of those affected by these incidents.
Our team is adept at navigating the complexities of comparative negligence and potential scooter company liability. We understand that determining fault can involve multiple parties, including drivers, riders, and scooter companies. Our attorneys are skilled in building strong cases to address these intricate liability issues, ensuring that all responsible parties are held accountable.
We strive to secure fair compensation for victims, covering medical expenses, lost wages, and other related damages. Our goal is to alleviate the financial burdens that often accompany such accidents, allowing victims to focus on recovery.
If you have been involved in an e-scooter accident, contact Goldfaden Benson today for expert legal support. Our team is here to protect your rights and help you navigate the legal process effectively.
