E-Scooter Injuries and Unclear Liability

Whether used for commuting or pleasure, e-scooters are now an integral part of Connecticut life. Electric scooters seem to enjoy incredible popularity because they hit the sweet spot between a traditional push scooter and a moped. Yet, with an electric motor and a max allowed speed of 20 miles per hour, e-scooter accidents can potentially cause devastating injuries.

If you get into an accident with an e-scooter, whether as a rider or a pedestrian, the first question to consider is liability. If the e-scooter was rented via one of the many schemes operating in Connecticut cities, it may become even more complex to determine who can be held responsible.

In this article, we will examine the dangers of electric scooters and the injuries they can cause. We will also examine how an experienced attorney can resolve issues of unclear liability and seek legal recourse for your losses as fast as possible.

The Rise of E-Scooter Injuries

E-scooters fall into a category called micro-mobility devices, along with skateboards, uni-wheels, and kick scooters. Figures released in 2023 by the US Consumer Products Safety Commission (CPSC) showed injuries from electric scooters and other micro-mobility devices rose by 21 percent from 2021 to 2022. This continues an upward trend that has been noted since 2017. 

The CPSC also noted that between 2017 and 2022, there were an estimated 360,800 visits to the emergency department related to micro-mobility devices. Tragically, during the same period, 233 people have lost their lives due to micro-mobility device accidents.

E-scooter injuries can result from collisions with other vehicles, pedestrians, stationary objects, and due to poor road conditions. This combination of factors can make establishing liability challenging. Injuries can range from minor cuts and bruises to catastrophic injuries that cause permanent disabilities.

Fractures

According to the CPSC, fractures are the most common injuries caused by micro-mobility devices such as electric scooters. Fractures most frequently affect the arms, legs, head, and neck.

Fractures can range from hairline cracks in bones to complete breaks. Anesthesiology News notes that extremity fractures are particularly common e-scooter injuries. Extremity fractures affect the upper extremities including bones in the upper arm, forearm, and hand.

This also affects the lower extremities including bones in the thigh, shin, and foot.

Simple fractures may need non-surgical treatment, such as casts, traction, or splints. However, more serious breaks, such as open, comminuted, or spiral fractures, may require surgery. Typically, this involves using screws and pins to hold the bone in position as it heals.

If you need surgery, this may be followed by weeks of physical therapy to strengthen the bone and the surrounding muscles. It may take up to 6 months or more to reach maximum medical improvement – while the cost of major medical bills and lost wages continue to add up. 

You can seek legal recourse to cover the costs. A fast-working attorney is who you need to help you navigate complex laws, establish liability, and pursue compensation for your losses. 

Traumatic brain injuries (TBIs)

The laws surrounding electric scooters are constantly evolving as jurisdictions grapple with their unique challenges. Currently, Connecticut law requires e-scooter riders under the age of 16 to wear helmets while riding. However, there are still no state laws requiring anyone older than 16 to do so. 

A limited 2019 study found that head injuries accounted for 40.2 percent of e-scooter injuries, and only 4.4 percent of riders wore helmets. 

TBIs range from mild to severe and happen when the head strikes an object or moves violently, causing the brain to move within the skull. 

TBIs typically produce the following symptoms fast, within the first 24 hours:

  •  Headaches
  •  Blurred vision
  •  Temporary loss of consciousness
  •  Hearing problems

In some cases, TBI symptoms resolve themselves over time. However, in severe cases, TBIs can result in permanent brain damage and even death. Some lifetime complications can include:

  •  Paralysis
  •  Seizures
  •  Psychosocial problems

You may require ongoing medical treatment and caretaker support to cope with the limitations placed on your life. In such a situation, you need the dedicated support of a personal injury lawyer who works fast to pursue the compensation you need. 

Soft-tissue injuries

An e-scooter accident is very likely to result in damage to soft tissues, possibly along with other injuries. These include bruises, sprains, and strains. Such injuries may sound harmless enough, but serious damage to muscles, ligaments, and tendons may require surgery. Some soft-tissue injuries can result in long-term complications, potentially affecting how you work and live. 

E-scooter accidents may happen at relatively low speeds, but if you have been injured in one, you need justice fast. How can an experienced attorney navigate the complex world of unclear liability in an e-scooter accident case?

Why Liability May Be Unclear in E-Scooter Accident Cases

If an e-scooter came hurtling towards you, knocking you off your feet and causing serious injuries, it may seem obvious that the person operating the electric scooter was to blame. Yet, your case may be more complicated than that. 

Other factors could include:

  •  Defective parts
  •  Poor maintenance on the part of the rental company
  •  The actions of a third party
  •  Hazards on the roadway/sidewalk 

A vague or unclear police report could also convolute how to determine who was at fault for your e-scooter accident. 

After an e-scooter accident, you must hire a personal injury lawyer who will get to work fast to investigate what really happened. The faster your attorney gets to work, the faster he or she can identify the liable party (or parties) and pursue fair compensation for your injuries. 

Holding the rider responsible 

Legally, e-scooter riders have a duty of care toward pedestrians and other road users. For one, they must follow the rules of the road, including holding a valid driver’s license before using an e-scooter. 

The rider must also:

  • Not ride on public sidewalks
  • Travel on the right-hand side of the road
  • Obey all traffic signals/signs
  • Not travel on streets with speed limits in excess of 35 mph, including highways and expressways

If a personal injury lawyer can prove that the e-scooter rider was not following any of these regulations when the accident occurred, the rider could be held liable for your injuries. However, in complex cases, the rider may be just one of two or more responsible parties you may be able to pursue for compensation. 

Holding the electric scooter company responsible

Several Connecticut cities, including Bridgeport, Fairfield, and Hartford, started electric scooter programs between 2019 and 2022. While support for these schemes seems to be waning, could an electric scooter rental company be liable for an accident?

The answer is that the rental company could indeed be held liable – in theory. Like other road users, companies that rent out electric scooters have a duty of care toward people who rent them and the general public. 

Some scenarios that could lead to a e-scooter rental company being held liable include:

  •  Poor maintenance
  •  Failing to carry out repairs
  •  Defective parts that were not replaced within a reasonable timeframe
  •  Failing to provide adequate instructions to users

Two companies, Bird and Lime, are already facing class-action lawsuits revolving around their failure to maintain electric scooters in a safe operational condition. 

Separately, some users have reported e-scooter issues such as:

  •  Loose handlebars
  •  Inadequate lighting
  •  Locking throttles
  •  Damaged components

Suing an e-scooter rental company may be possible if an investigation establishes a clear link between their negligence and your accident. An experienced attorney can advise you as to whether this or another legal avenue may give you the best chance of securing fast and fair compensation. 

Other drivers

If an e-scooter rider was traveling legally on the road and was involved in a collision with another vehicle, multiple parties may be held responsible. 

Possible scenarios that could lead to an e-scooter accident include:

  •  Failing to yield the right-of-way
  •  Unsafe lane changes
  •  Driving under the influence

How an experienced attorney can navigate unclear liability

Understanding motor vehicle laws and how the specific statutes relating to electric scooters apply to your accident can be challenging. To get results fast, a personal injury attorney can gather evidence from video surveillance cameras, police reports, eyewitnesses, and other sources to build a strong personal injury case for liability. 

In Connecticut, it’s possible to pursue compensation even if you were up to 50 percent responsible for the accident. So do not be quick to conclude that you do not have a case. After hearing your story, a personal injury attorney can guide you through the compensatory damages you could be entitled to pursue.

Seek Fast Results With Gould Injury Law

When you are in pain and suffering after an e-scooter accident, the last thing you want is a long, drawn-out battle for compensation. You need a personal injury lawyer who can pinpoint liability fast and work tenaciously to pursue compensation needed to rebuild your life. 

At Gould Injury Law – “The Fast Firm” – we apply our in-depth knowledge of Connecticut laws to recover compensation for our clients as fast as possible. During your free consultation, we will ask plenty of questions to understand exactly how your accident occurred. If we take on your personal injury case, we will work fast to build the strongest one possible to get you the best chance of fair compensation.

If you are ready to start your journey to fast results, set up a free consultation with our law firm today. Call us at 888-WIN-FAST or fill out our online form, and we will get back to you fast!

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