Electric scooters such as Lime and Bird have been used for many years. These vehicles have become popular amongst individuals and families because of their easy-to-use nature and ability to be accessed at any time. However, electric scooter accidents can cause severe or life-threatening injuries when accidents occur. Understanding the dangers that these vehicles pose and the steps to take to recover is important for individuals around the world.
E-Scooter Liability Waiver: An Overview
Most micromobility companies require users to agree to terms and conditions through their mobile app before renting a scooter. These electronic agreements often include:
- Assumption of risk provisions
- Liability waivers
- Arbitration agreements
- Class action waivers
- Requirements to report accidents
- Rider safety obligations
What May Prevent a Claim?
Liability waivers are designed to reduce a company's vulnerability to certain lawsuits, particularly those involving ordinary risks associated with riding an e-scooter. However, California courts do not automatically enforce every waiver under every circumstance.
The outcome often depends on questions including but not limited to the following.
- What caused the accident?
- Was the injury related to an inherent risk of riding?
- Did another party act negligently?
- Was the scooter defective?
- Was there evidence of misconduct beyond ordinary negligence?
- Does the waiver comply with applicable California law?
It is important to understand that every case is different from one another and that each requires its own unique examination.
Company Liability: Questions and Concerns
When determining liability, the following components must be analyzed.
- Defective scooters
- Malfunctioning parts
- Poor maintenance
- Dangerous placement of the vehicle itself
Who is at Fault?
Determining liability is a complicated process, often involving many individuals. The following are potentially responsible parties.
- Motor vehicle drivers
- Commercial truck operators
- Cyclists
- Pedestrians
- Property owners
- Government entities responsible for roadway maintenance
Product Liability Claims
Some accidents involve concerns about the scooter itself rather than rider behavior. Product liability claims may occur when there are allegations involving the following.
- Manufacturing defects
- Design defects
- Failure to provide adequate warnings
- Defective components
Arbitration Provisions
Many micromobility companies contain arbitration provisions within their user agreements. Instead of filing a lawsuit in court, users may be needed to resolve certain conflicts through arbitration if the agreement is enforceable. Whether arbitration applies depends on the following.
- The wording of the agreement
- Applicable federal and California law
- Whether exceptions exist
- The facts surrounding the claim
Since arbitration provisions can affect legal proceedings, it is crucial to understand them in detail and how they may be applied to the given circumstances.
Maintaining Documentation and Evidence
After any type of accident, it is important to keep important records that may help investigators understand what exactly happened at the time of the initial incident. Examples of important evidence may include but are not limited to the following.
- Photos of the scooter
- Pictures of the accident scene if it is safe to do so
- Road conditions
- Witness contact information
- Medical documentation
- Police reports, if available
- Rental confirmation within the mobile app
- Screenshots showing scooter identification numbers
- Communications with the rental company
It is also important to preserve the necessary evidence as soon as possible, as many records are often deleted after the accident has occurred.
Comparative Negligence in California
California follows a comparative negligence system, which ultimately means that many parties may be able to share liability based on their percentage of fault in the initial accident. Oftentimes, this is a great way to go about an electric scooter accident as multiple parties may be involved. Examples of potentially liable parties may include but are not limited to the following.
- The scooter rider
- A motor vehicle driver
- A property owner
- A government agency
- A micromobility company
- A product manufacturer
In addition, it may be important to preserve and maintain important evidence and documentation when determining fault after an electric scooter accident. Oftentimes, these cases are complicated and may require extensive preservation of necessary evidence.
Seeking the Help of a Legal Professional
E-scooter accidents usually involve multiple parties and raise complicated legal questions and concerns. Many individuals who have been involved in these types of accidents face many challenges and are unsure of the necessary steps to take to make a full recovery. As a result, it may be beneficial to speak to a licensed personal injury attorney who can help you better understand your rights and responsibilities moving forward with your case. An experienced professional can potentially determine liable parties, speak to insurance companies, and explain the legal process moving forward. This can help victims have peace of mind while going through a difficult time.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges victims face when dealing with an electric scooter accident. These types of cases are usually very difficult to manage as they may raise various legal issues. Determining liability is also complicated as many parties are often involved. Our legal team is ready to help victims understand their rights and available options when suffering injuries from an electric scooter. If you know someone who has been involved in this type of accident, call KAASS LAW for a confidential consultation.