You can file a lawsuit against the person or company responsible for causing your injury in an e-scooter accident. However, proving liability in a personal injury case is challenging. It requires a thorough investigation and substantial evidence.
You must show the at-fault party, such as the driver of a car, was negligent in causing the crash. Negligence is a party’s failure to provide reasonable care to avoid harming someone. If you can prove another person was negligent in causing your injury, you might be able to recover compensation for your medical bills and other expenses.
If you were injured in an e-scooter accident in New York caused by someone else, do not hesitate to call the New York accident attorneys at Finz & Finz, P.C. at (855) TOP-FIRM for a free consultation to learn more.
Common Causes of Electric Scooter Accidents
The growing need for alternative modes of transportation has increased the popularity of electric scooters in recent years. Navigating the congested streets in New York City is simpler when you rent an e-scooter. Instead of driving yourself or hailing a cab, all you have to do is hop on an electric scooter and whiz through the traffic to your destination.
Although e-scooters are convenient, accidents can occur. Riders often share the road with motor vehicle drivers, increasing the risk of an accident.
Collisions between cars and electric scooters can result from driver negligence, such as:
- Distracted driving
- Failing to yield the right of way
- Improper lane changes
- Drifting into a bike lane
- Completing a turn without checking for crossing riders
- Driving under the influence
Drivers aren’t the only parties responsible for preventing accidents. An electric scooter manufacturer might be at fault for the rider’s injuries if its product contains a defect that contributed to the collision. A governmental entity can be liable for inadequately maintaining a city street if that street leads to an injury-inducing crash.
You should hire the legal team at Finz & Finz, P.C. immediately after the accident for help. We can determine liability and pursue a claim or lawsuit against the at-fault party.
Common Injuries in E-Scooter Accidents
Most e-scooters top out at 25 miles per hour. That doesn’t seem like a high speed, but riders can sustain severe injuries in accidents, especially if they involve cars and trucks. Even low-speed crashes can cause debilitating injuries since e-scooter riders don’t have much to protect them during the impact.
The most common injuries in e-scooter accidents include:
- Road rash
- Broken bones
- Traumatic brain injury
- Loss of limb
- Spinal cord injuries
- Back injuries
- Internal bleeding
- Nerve damage
- Soft tissue injuries
- Burn injury
- Deep lacerations
- Scarring or disfigurement
Compensation for Injuries in E-Scooter Accidents
According to Section 125 of the New York Vehicle and Traffic Code, electric scooters are not considered motor vehicles. Since personal injury protection (PIP) only covers policyholders injured as pedestrians and motor vehicle occupants, PIP coverage doesn’t apply. Instead, you must file a claim with the at-fault driver’s liability insurer or sue for compensation.
The money you receive in an insurance claim or lawsuit might compensate you for your:
- Pain and suffering
- Rehabilitation, hospital visits, doctor’s appointments, and other medical expenses
- Loss of enjoyment of life
- Scarring or permanent loss of limb
- Emotional distress
- Lost wages
- Lost earning capacity
- Damage to personal property
If your loved one died in an electric scooter accident, the personal representative of their estate could pursue a wrongful death lawsuit.
The financial award obtained in such a suit would compensate the estate or surviving family for losses related to the death, such as:
- The value of services and support the deceased can no longer provide
- Reasonable health care expenses related to the fatal injury
- Funeral and burial costs
- Conscious pain and suffering the deceased endured due to their final injury
- Any financial support the deceased would have provided to family members
- Lost inheritance
- The value of lost parental guidance, nurturing, and care to surviving children
- Interest on compensation from the date of death
How Pure Comparative Negligence Can Affect Your Lawsuit
In New York, a jury can reduce a plaintiff’s compensation by their percentage of fault under the pure comparative fault law. That means you might not receive the full monetary award if you’re partially responsible for your injury.
For example, if you incur $100,000 in costs, but the jury assigns you 20 percent of the fault for the e-scooter accident, the highest compensation you can recover is $80,000.
Statute of Limitations for Electric Scooter Accidents
In New York, the statute of limitations allows a three-year timeframe to file a lawsuit. That means you must initiate your lawsuit against the at-fault party within three years of the e-scooter crash.
State law differs for wrongful death cases. The statute of limitations allows a two-year timeframe to file a wrongful death lawsuit. That means the personal representative of the deceased’s estate has two years from the date of the death to file suit.
How Finz & Finz, P.C. Can Help After an E-Scooter Accident
Electric scooter accident cases can be complex. You should not pursue a lawsuit against the negligent party without consulting Finz & Finz, P.C. We have over 35 years of experience representing injured clients in New York.
When you hire us, we will get to work immediately and handle every aspect of your lawsuit, including:
- Investigating the crash to establish liability
- Confirming insurance coverage from the at-fault driver’s liability insurer
- Obtaining evidence, such as the accident report, traffic camera footage, accident scene photos, and statements from eyewitnesses
- Consulting experts, such as medical providers and accident reconstruction specialists, for supporting evidence
- Requesting copies of your medical records and other documentation to prove your injury
- Preparing your case for trial
- Representing you during every stage of the lawsuit
Contact an Experienced E-Scooter Accident Lawyer Now
Electric scooter accidents can lead to debilitating injuries. The last thing you want to do while trying to recover is to take on the responsibility of a lawsuit. The process is challenging if you don’t know state laws and procedures.
Let Finz & Finz, P.C. take over. We will protect your rights and fight for the maximum compensation you deserve. Call us at (855) TOP-FIRM or contact us online for a free consultation if you were injured in an e-scooter accident due to someone else’s negligence.