According to the San Francisco Municipal Transportation Agency (SFMTA), scooter injuries jumped from 145 (2017-2019) to 454 (2020-2022)—a 213% increase. Scooter accidents resulting in death have also increased from zero to seven in the same time frame.
Prior to 2020, the scooter rental company, Lime, recorded less than 135,000 riders. Since 2020 they have recorded more than 2.4 million. Scooter safety has been a concern for local politicians, scooter companies and the transit company. The rise in scooter operations has caused city officials to implement certain regulations such as prohibiting sidewalk riding and illegal parking.
Common Causes of California Scooter Accidents
One major risk associated with scooters is visibility.
A common phrase used when drivers hit scooter riders is “I didn’t even see them!”
When a scooter stops to ensure there is no traffic that could hit them, puts the scooter rider at risk of being rear-ended and possibly ran over.
Another risk assumed by scooter riders is lane splitting. While it is legal in California, it brings unnecessary risk to the rider as drivers cannot predict the erratic movement of the scooter.
The Legal Landscape of California Scooter Accidents
Scooter accident laws in California can be confusing, especially in the wake of an accident and potential injuries. Understanding your rights and navigating the legal system can be overwhelming. That’s why, after a medical evaluation to address your health, you should also seek legal counsel from an experienced California electric scooter accident lawyer. They can guide you through the claims process, fight for fair compensation, and ensure your rights are protected.
California Scooter Laws and Regulations
California law allows motorized scooters with two wheels, a motor, handlebars, and a floorboard to be ridden on bike paths, trails, or designated bikeways. However, scooters are not permitted on sidewalks and cannot be parked illegally. Remember, the speed limit for scooters is 15 mph.
There is no legal requirement of a driver’s license to operate a scooter.
Determining Fault and Sharing Liability
When scooter accidents occur, there is often shared responsibility between multiple parties. Those parties include riders, pedestrians, other motorists, the scooter companies, and in certain circumstances the city or municipality.
Determining each party’s responsibility in the accident will play a crucial role while establishing liability.
Determining Fault:
- Duty of Care – All road users need to act in a reasonably safe manner to prevent accidents.
- Breach of Duty – This includes violating basic traffic laws like speeding or running red lights, distracted driving, even operating an e-scooter while under the influence of drugs or alcohol.
- Causation – This comes into play when breach of duty was a direct component of the accident.
- Damages – The injured party must have suffered damages such as medical bills or lost wages due to the accident.
Sharing Liability:
- Percentage of Fault – a court will assign a percentage of fault after considering the factors above.
- Reduced Compensation – The injured party’s compensation may be reduced by their percentage of fault.
Failure to adhere to these guidelines may result in the inability to seek full compensation after an accident.
Insurance Coverage for Scooter Accidents
The only official insurance coverage available for scooters is for personal scooters and is called personal mobility insurance. However, your own auto insurance may cover scooter accidents.
If there is no specific exclusion in your auto policy for scooters or “motorized scooters” then you will likely have the protection from your own auto insurance to cover you in the event you are in a scooter accident.
What to Do After a California Scooter Accident
Immediately after the accident you should call the police and any necessary medical professionals. If you or anyone else involved is injured they should seek medical attention.
Exchange information ensuring you have each other’s insurance and also inform your insurance company.
Collect evidence from the scene such as taking pictures or videos of the accident.
Seek legal counsel as they will help navigate the confusing California legal system, ensuring your rights are protected and you receive the compensation you may be entitled to.
Why Choose Law Desai for Your California Scooter Accident Case?
Here ay Anand Law Firm, we will dedicate our knowledge, experience, and resources to ensure that your rights are protected. We have an extensive record of success in handling automotive, motorcycle, and scooter accidents.
Our attorneys are skilled in their craft of navigating the complex legal system while fighting for the compensation you deserve. Contact Anand Law Firm today to schedule a free consultation!