Navigating the Legal Landscape of E-Scooter Accidents

Navigating the Legal Landscape of E-Scooter Accidents:
What You Need to Know 

Electric scooters (e-scooters) have rapidly transformed urban transportation since their launch in 2017. Initially introduced by Bird Rides Inc. in Santa Monica, these scooters soon became a common sight on city streets nationwide. While offering a convenient and eco-friendly transportation option, e-scooters have also brought about a wave of accidents and subsequent legal challenges. The Arnold Law Firm has seen a surge in e-scooter accident cases, highlighting the need for expert legal guidance to navigate these complex situations. 

Understanding E-Scooter Operations and Legal Agreements 

E-scooter rentals are typically accessed through mobile apps, where users unlock the scooter for a small fee and are charged per minute of use. To rent a scooter, users must provide a driver’s license and credit card information and agree to strict user agreements. These agreements are designed to protect e-scooter companies from liability but do not eliminate the legal challenges arising from malfunctions, defects, or rider negligence. 

6 Common E-Scooter Malfunctions and Associated Risks 

The first generation of e-scooters was plagued by several technical issues, including: 

1. Brake Failure: Early models had insufficient braking power, especially on inclines, leading to numerous accidents. 
2. Throttle Sticking: Over time, wear and tear could cause the throttle to stick, leading to unintended acceleration. 
3. Geofencing Problems: Intended to enforce no-ride zones, malfunctioning geofencing technology often caused sudden stops, resulting in crashes. 
4. Structural Failures: Issues such as handlebar detachment and snapping baseboards were common, leading to severe injuries. 
5. Tire Issues: Solid rubber tires, chosen to reduce maintenance costs, provided poor traction and shock absorption, increasing the risk of accidents on uneven surfaces. 
6. Insufficient Lighting: Poor headlight design in early models made night-time riding particularly dangerous. 

These defects pose serious risks to riders and open avenues for legal action against e-scooter companies. 

Rider Injuries and Legal Consequences 

E-scooter accidents often result in severe injuries, including: 

• Head Injuries: The repeal of mandatory helmet laws for adults has led to a significant increase in head injuries among e-scooter riders. 

• Fractures and Broken Bones: High-speed crashes frequently result in fractures, particularly in the tibia and fibula, a condition we’ve termed the “E-scooter Tib-Fib Special.” 

Injured riders have increasingly pursued legal action against e-scooter companies despite liability waivers in user agreements. These cases are complex and often involve multiple factors, such as the specific circumstances of the accident, the condition of the scooter, and the rider’s compliance with traffic laws. 

Pedestrian Hazards and Legal Accountability 

E-scooters also pose significant dangers to pedestrians, especially older adults, who are at higher risk of tripping over improperly parked scooters. The landmark case Hacala v. Bird Rides Inc. (2023) set a precedent by ruling that scooter companies have a duty to remove or reposition scooters that pose a risk to pedestrians. However, proving negligence in such cases can be challenging, as companies often attempt to distance themselves from responsibility. 

E-Scooter vs. Auto Collisions: Navigating Complex Cases 

Collisions between e-scooters and motor vehicles are increasingly common, particularly in crosswalks and driveways. These cases often involve shared fault, as e-scooter riders may not always comply with traffic laws. Despite this, serious injuries often lead to substantial settlements. The Arnold Law Firm has successfully represented clients in these cases, leveraging our expertise to navigate the complexities of comparative negligence and liability. 

The Future of E-Scooter Litigation 

The initial surge in e-scooter accidents has somewhat declined, partly due to improvements in scooter design and greater public awareness of the associated risks. However, significant legal challenges remain, particularly in cases involving defective products, rider negligence, and pedestrian safety. 

At The Arnold Law Firm, we are committed to advocating for the rights of those injured by e-scooters. Our deep understanding of e-scooter litigation ensures that our clients receive the compensation they deserve while navigating the legal complexities of these cases. 

Conclusion: Protecting Your Rights in E-Scooter Accidents 

As e-scooters continue to be a popular mode of transportation, the number of accidents and legal disputes is likely to rise. Whether you are a rider injured due to a malfunction, a pedestrian harmed by a carelessly parked scooter, or a driver involved in a collision with an e-scooter, it is crucial to have experienced legal representation. At The Arnold Law Firm, we are here to provide expert guidance and ensure that your rights are protected. 

For more information or to discuss a potential case, please visit The Arnold Law Firm or call us at (916) 777-7777.