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E-Scooter Accident – Who is Liable?

Personal Injury Lawyer in Indianapolis

E-Scooters are becoming overwhelmingly popular and they are creating a new legal landscape. Bird and Lime companies have both stated safety as a top priority. However, studies have shown riders and pedestrians have suffered scooter related injuries. A small study showed that about 40% of scooter related injuries were head injuries and about 32% suffered broken bones.

Injuries

Disregarding warnings by scooter companies and ignoring traffic laws have been cited as main reasons for injuries. Although, injuries have been linked to pedestrians tripping over scooters or being hit by scooter riders as well. One user was riding a scooter when the handlebars came loose which caused him to fall. There have been various injuries linked to e-scooters, whether suffered by a pedestrian or rider. These injuries have caused multiple lawsuits to be filed, though the question remains who, if anyone, is liable.

Legal Claims

In order for a user to ride most e-scooters, they must agree to the scooter operating agreement. By agreeing to the scooter operating agreement, users waive liability. After waving liability, scooter users will have a very difficult time pursuing a lawsuit against e-scooter companies. Though, pedestrians injured by these scooters may have an avenue to recover for their injuries.

A class action was filed by people injured by scooter users in California against Bird, Lime, and other E-scooter companies. The plaintiffs allege gross negligence and that e-scooter companies should have known their scooter would become “an unsafe, dangerous, and damaging public nuisance.” Even though pursuing a lawsuit on behalf pedestrians is easier than filing on behalf of scooter riders, it is not without complications. On some occasions, a pedestrian may not know who the scooter rider is that hit them, a “scoot and run” may have occurred.

Other avenues exist for holding riders responsible for their own negligence in riding the scooters, but many of those theories are untested at this time. There could be possible claims against the individuals in which the homeowners/renter insurance policies or auto insurance carriers would provide indemnity. The last possible avenue would be going after the individual without an indemnifying entity, but those lawsuits are often more trouble than they’re worth as collecting from an individual who doesn’t have the money to pay a judgment often proves impossible.

The injuries related to e-scooters will continue along with their popularity and an increase in the number of lawsuits will likely occur. The outcome of these lawsuits will dictate the new legal landscape surrounding e-scooters and who may be held liable.

Call the Law Office of Bill Hurst if an E-scooter Injured You

If you were in an e-scooter accident, you will need a lawyer who is not only staying current with all of the new laws regulating the industry but who knows how Indiana courts may interpret existing laws to cover e-scooters. Our experienced personal injury lawyers at The Law Office of William W. Hurst can help. Contact us today at (317) 636-0808 or online for a free consultation.

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney