Living in Northern California means that we have plenty of opportunities to get outside and explore nature. This can even include commuting or getting around town on an e-bike or an e-scooter. Yet despite laws designed to protect bicyclists and scooter riders, there are far too many accidents each year that cause serious and fatal injuries.
If you are hurt in an accident when riding on an e-scooter or e-bicycle, you may be able to file a lawsuit against the at-fault driver or other responsible party. Through a personal injury lawsuit, you can recover financial compensation for your property damage, medical bills, lost wages, emotional distress, and more. Our Walnut Creek personal injury attorneys will fight for your right to full compensation.
The Appel Law Firm represents victims of all types of accidents in the Walnut Creek area, including motor vehicle accidents, bicycle accidents, and e-scooter and e-bike accidents. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices today to schedule a free consultation with a member of our legal team.
Who Can Be Held Liable for E-Scooter and E-Bike Accidents in California?
Under California law, e-bike and e-scooter riders are prohibited from riding on sidewalks. Depending on the classification of the e-bike, they may also be prohibited from the Bay Area’s many bikeways.
While e-bikes and e-scooters are not considered motor vehicles under California law, they are subject to stricter rules than traditional bikes and scooters. In addition to following the rules of the road that are required for all bicyclists and scooter operators, they may be subject to additional rules depending on where they are riding.
These laws are designed to protect pedestrians from e-bikes and e-scooters, which can travel at fairly high rates of speed compared to traditional scooters and bicycles. However, it also potentially puts operators of e-bicycles and e-scooters at greater risk. When riders are on the road with much larger cars, trucks, and SUVS (even if riding alongside traffic in a bike lane), they are at increased risk of getting struck by a car.
If you are hurt in an e-scooter or e-bicycle accident, you might be able to file a lawsuit against the at-fault party. Depending on the facts of your case, this may include:
- The driver of a motor vehicle
- Other e-bike or e-scooter operators
- A government agency
- The manufacturer of the e-scooter or e-bike
These cases are typically based on a theory of negligence or carelessness. The victim (plaintiff) is required to prove that the at-fault party (defendant) was negligent in some way. Alternatively, a personal injury lawsuit might be based on the defendant’s intentional or reckless conduct.
For example, consider a situation where a person is riding their e-bike on a bikeway when a truck driving next to them swerves into the bike lane when they take their eyes off the road to check a text. The bicyclist is thrown off their bike and suffers serious injuries. In this case, the truck driver would be considered negligent and could be held responsible for any injuries that the bicyclist suffered.
In some cases, an e-bike or e-scooter accident is caused because the product itself is dangerous or defective. For example, if your e-scooter’s brakes were defective, causing you to crash as you attempted to stop at a light, you could potentially file a lawsuit against the manufacturer of the e-scooter. A product liability lawsuit could be based on a defective design, defective manufacturing, or a failure to warn or instruct users about the proper use of the product.
Liability in an e-scooter or e-bike accident case isn’t always clear. If you have any questions about whether you have a potential claim for your e-scooter or e-bike accident, reach out to our law firm. During a free consultation, our experienced Walnut Creek e-bike accident attorneys will advise you of your rights and options for pursuing a claim.
Compensation and Settlements in an E-Scooter or E-Bike Case
The majority of personal injury cases are resolved outside of court. This includes cases involving e-scooter or e-bike accidents. However, to resolve your case, any settlement offer has to be fair and cover all of your losses.
In an accident claim, you should recover money for two types of losses, which are known as damages:
- Economic damages pay for your direct financial losses. They may include money for your property damage, medical bills, future medical treatment, lost wages, reduced earning capacity, and other losses.
- Non-economic damages pay for your indirect losses. These losses are just as important, although you won’t necessarily have the same type of documentation for them as with economic damages. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
Most e-scooter and e-bike accident cases will include money for economic and non-economic damages. If your crash was caused by intentional or reckless conduct, such as drunk driving, then you may also be entitled to punitive damages. An award of punitive damages is meant to punish someone who behaved badly instead of compensating an accident victim.
Insurance companies will rarely offer a full settlement to plaintiffs in an e-scooter or e-bike accident case unless they are represented by counsel. If you don’t have a lawyer, the insurance adjuster’s plan will be to try to get you to accept as little money as possible for your claim. The number one way that you can protect yourself and get the money that you deserve is by working with an experienced Walnut Creek e-bike/e-scooter accident lawyer.
Hurt in an E-Scooter or E-Bike Accident? Reach Out Today.
E-scooter and e-bike users are uniquely vulnerable when they’re out on the road. If they’re hit by a motor vehicle, they have the potential to be seriously hurt. After an accident, you can trust our law firm to get justice for you.
The Appel Law Firm represents accident victims throughout the Bay Area, fighting to get them compensation for their losses. We handle all types of accident claims, including car accidents, e-bike accidents, e-scooter accidents, slips and falls, workplace accidents, and more. To learn more or to schedule a free initial consultation with a Walnut Creek e-scooter/e-bike accident attorney, give us a call at 925-938-2000 or fill out our online contact form.
