San Jose Scooter Accident Attorney
Helping Those Injured in Dockless Scooter Accidents
Dockless scooters are an emerging industry that is quickly becoming popular in Santa Clara County and all across California. Previously limited to app-based scooter companies like Lime, Spin, and Bird, car companies have now entered the business.
The changing nature of this industry comes with a few downsides, however. When dockless scooter company startups came to California in 2018, they were not required to obtain permits. Since then, there have been multiple reports of dockless scooter injuries and other frustrations, like defective scooter brakes.
If you have been injured in a dockless scooter accident, reach out to our team at the Law Offices of Braid Pezzaglia. If we are unsuccessful in your case, you won’t owe any legal fees.
Why Hire Our Firm?
For over 20 years, our San Jose scooter accident lawyer has helped wrongfully injured people strengthen their claims. Our team’s hard work and experience have enabled us to win multimillion-dollar verdicts and settlements for our clients. Further, these cases require a particular skillset and breadth of knowledge, especially as the courts continue to figure out how to handle them.
With decades of experience, we have adapted well to advocating for clients injured in these unique cases. We are proud to fight for our neighbors across the South Bay.
Call (408) 650-8955 to get your free consultation with a San Jose scooter accident lawyer.
Know Your Legal Rights After a Dockless Scooter Accident
While regulations around rental scooters are still emerging, there are already some guidelines for how to approach these cases. How your claim must be handled will depend on the details of your accident, such as who is at fault.
Finding Fault for a Dockless Scooter Accident
Most dockless scooter accidents can be traced back to a lack of proper safety measures or negligent use. Other times, a motor vehicle driver may be to blame.
Uncovering the at-fault party in any claim often requires an investigation of some sort. It is best to work with a lawyer, as they can identify fault quickly and accurately. They can conduct a formal investigation, leaving no stone unturned, to find evidence and prove that fault.
A few common parties often at fault for dockless scooter accidents include:
- A scooter rider: If a person was riding a scooter negligently, such as while distracted or under the influence, you can hold them liable if they caused you injury. This typically applies to cases in which a scooter rider injured a pedestrian or another person on a scooter, bicycle, etc. (Please note that it is illegal to operate a scooter on the sidewalk.)
- A motor vehicle driver: If you were struck by a motorist while riding a scooter, you likely have a claim against that motorist. These claims overlap with auto accident law.
- A scooter rental company: If you were injured because the scooter malfunctioned, then you likely have a claim against the rental company for failing to maintain its scooters. You may also sue the rental company if it failed to warn of safety hazards or failed to provide proper instructions for safe riding.
- Other companies: Companies besides the scooter rental company could be responsible for a scooter accident. For instance, if a driver is on the clock when they hit a scooter rider, it may be possible for the rider to file a lawsuit against the driver’s company. Or if a store owner left a known safety hazard in front of a store that caused a rider to crash, then they could be liable. The same is true for construction companies that leave dangerous conditions on streets or other areas where scooter users are known to ride.
- A property owner or public entity: If you were injured while riding a scooter due to a defective sidewalk or other property hazard, you would need to file a claim against the owner of that property. Likewise, state and municipal entities may be held accountable for such accidents.
At the Law Offices of Braid Pezzaglia, we are skilled in handling all the above types of claims. Don’t hesitate to reach out to us at (408) 650-8955!
Suing an E-Scooter Company: Are Waivers Legally Binding?
Liability is a tricky issue for the dockless scooter industry. User policies for dockless scooters are extremely long and full of legalese that is difficult for anyone without a law degree to understand. Take Lime’s user policy for instance, which clocks in at a whopping 261 pages.
Despite the confusing legalese in the user agreements on apps for dockless scooters, liability waivers are not always enforceable. This means that it may be difficult to sue a company after signing a waiver, but it is not impossible. Don’t let a liability waiver keep you from speaking with a San Jose scooter accident attorney.
What Injuries Qualify for a Claim?
Dockless scooter accidents can lead to a variety of serious injuries, such as:
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Orthopedic injuries
- Road rash
- Ocular injuries
All the above injuries and more provide grounds for a claim. The right to file a claim hinges on whether the victim can prove that the accident caused them damages, not which type of injury they sustained. This means someone who broke their bones has the same right to sue as a person who was paralyzed in a crash. They will both be entitled to seek compensation for their damages.
How Much Can You Sue for Your Injuries?
Accident victims can only recover compensation in the amount of damages they have accumulated. You cannot, for example, be compensated for medical bills you never had to pay. Still, many accident victims ask for less compensation than they deserve. That is why it is crucial to consult a lawyer to learn how much your claim is worth.
At the Law Offices of Braid Pezzaglia, we have had great success in recovering clients compensation for damages, including but not limited to:
- Hospital bills
- Prescription and over-the-counter medications
- Disability accommodations, such as wheelchairs
- Pain and suffering
- Loss of a limb or organ
- Scarring and disfigurement
Hurt in an Electric Scooter Accident? Book a Free Consultation Today
At the Law Offices of Braid Pezzaglia, we know how to strengthen accident victims’ claims. Our San Jose scooter accident attorney, Braid Pezzaglia, has been helping people pursue financial recovery for over 20 years.
If you have been involved in an electric scooter accident, we can investigate the details in order to build you the strongest case possible. With our team of professionals, we can scrutinize evidence, cross-examine witnesses, and analyze reports in depth. Ultimately, our goal is to highlight the facts that support your claim, help you receive appropriate compensation and set a precedent for the future.
Experienced & Dedicated Counsel
Attorney Braid Pezzaglia has over 20 years of dedicated legal experience and provides legal counsel and guidance in five languages, including Japanese, Spanish, Chinese, and Tagalog. We work to customize your experience for your needs.
Personalized Strategies & Results
Unlike other firms, our firm cares about instilling confidence in both you and your case. Our attorneys work one-on-one with you to ensure that your unique needs and goals are not only understood but obtained.
Accountable & Transparent
At the Law Offices of Braid Pezzaglia, we pride ourselves on always being available to our clients and we make it our main priority to keep you informed on how our team is working to obtain the best possible result on your behalf