Research shows that dockless scooter injuries are increasing across the country. Emergency room physicians are reporting serious injuries, such as concussions and even intracranial bleeding.
Lawsuits filed in Austin show that scooter riders can suffer broken bones, brain injuries, and other major health problems during an accident. However, 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 – a whopping 261 pages on a mobile phone.
What many people may not realize is that these user policies waive their right to sue. While this does not mean they cannot sue, it does make filing a lawsuit against a scooter company more difficult. There are exceptions to the rule, and multiple parties could be liable for a scooter accident.
Liable parties in a scooter accident may include:
- Motorists. Other drivers may be responsible for a scooter accident. Like cyclists and pedestrians, scooter riders may be able to recover compensation for their damages if they suffer injuries caused by a negligent motorist. Motorists are responsible for some of the accidents that have occurred in California and across the country.
- Other companies. Other companies could be responsible for a scooter accident. For instance, if a driver is on the clock when he or she hits a scooter rider, it may be possible for the rider to file a lawsuit against the driver’s company. It would depend on the circumstances. There are additional cases where a company could be liable. For example, if a store owner left a known hazard in front of a storefront that caused a rider to crash, then he or she could be liable. The same is true for construction companies who leave dangerous conditions on streets or other areas where scooter users are riding.
- Scooter companies. There are cases where scooter companies are liable for damages. Companies must ensure scooters are free of defects and properly maintained. If users suffer injuries because scooter companies provide defective or poorly maintained scooters, then they could be liable for damages. Scooter lawsuits are new territory for attorneys, but current and future lawsuits will determine liability for accidents as cases move through the court system. You should not let a liability waiver keep you from speaking with an attorney.
- Public entities. State and municipal entities could be liable for damages resulting from a scooter accident. However, it is more difficult to sue a public entity than a private entity, such as a homeowner or business. You should speak with an attorney right away if you suspect a public entity was responsible for your accident. There is a much shorter window of time to pursue a claim in cases that involve state or local entities.
How Our San Jose Personal Injury Attorney Can Help
While it is difficult to sue a dockless scooter company, it is not impossible. Lawsuits are ongoing against these companies. Riders are suffering injuries across the country, and some have even died while riding dockless scooters. Despite the confusing legalese in the user agreements on apps for dockless scooters, liability waivers are not always enforceable.
If you have questions about your options for seeking compensation after a scooter accident, then we encourage you to contact our San Jose personal injury attorney. At the Law Offices of Braid Pezzaglia, we are dedicated to helping victims of negligence. You can schedule a free consultation with us by calling (408)752-5834 or by using our online case review form.