Electric scooters (e-scooters) have become popular alternative modes of transit in many cities throughout the United States, including South Florida. Unfortunately, the increased use of these motorized scooters, which can reach speeds up to 15 mph, has also meant that there has been an increased number of e-scooter personal injury cases and accidents. For example, according to the U.S. Consumer Product Safety Commission, there was a reported 70 percent increase in the number of injuries from e-scooters from 2017 to 2020. Further, roughly 1 in 3 people who are injured on an e-scooter are hurt badly enough that they need to make a trip to the emergency room.
While injuries to the chest and abdomen are less common, injuries to the upper and lower extremities of the body as well as the head were more common. A study in JAMA found that the most common types of injuries included the following:
If you have been injured in an e-scooter accident in the South Florida area, you will want to contact an experienced attorney about your case.
In Florida, e-scooters, defined as motor scooters, (which are different from motor scooters with seats or saddles) do not exceed 30 mph on level ground and typically have two wheels. E-scooters are not required to be titled or registered in Florida to be operated. In June 2019, e-scooters were legalized in the state of Florida. The bill lifted the restriction that e-scooters could only operate on sidewalks, and gave e-scooter operators the same rights and responsibilities as bicyclists, allowing e-scooter riders to lawfully use bike lanes, streets, and park on the sidewalk. However, the bills authorized cities and counties to set their own regulations regarding e-scooters, including whether someone can ride an e-scooter on a city’s sidewalks or streets and where e-scooters may be lawfully parked. Certainly, with a mix of bicyclists, motorcyclists, e-scooter riders, and motor vehicle drivers in the congestion of South Florida that is often under construction, you can imagine the dangers those on the road face.
In many cities, riding an e-scooter has never been easier. Individuals can rent an e-scooter by using an app on their smartphone, with companies like Lime, Uber’s Jump Scooters, and Bird being the most popular technology companies that provide convenient e-scooter access for their users. If an individual has become injured after renting an e-scooter from one of these technology companies, he or she might ask if the company is liable for injuries that occurred in the accident.
Similar to other personal injury cases, liability for an accident is based on the theory of negligence. An e-scooter personal injury case typically occurs when a person’s negligence causes an accident that leads to another person becoming injured. The injured person has quantifiable damages, such as medical expenses and lost wages, and then files a lawsuit against the person who caused the accident involving the e-scooter. If the defendant is found liable for damages the plaintiff has sustained, then the judge or jury will likely award the plaintiff compensation.
Negligence is determined based on whether the defendant had a duty to care, breached that duty, the breach of that duty caused the plaintiff to sustain injuries, and these injuries resulted in damages. An e-scooter personal injury case must include all four elements of negligence in order for a plaintiff to win the lawsuit. Due to the evolving nature of e-scooter laws in Florida, including how they may be different from one city to another, it is critical to contact an experienced personal injury attorney about your situation to best protect your rights.
Clayton Trial Lawyers, LP is committed to representing your best interests when you are hurt and most vulnerable. We promise to be your trusted advisor. We will listen closely to your story. We will bring compassion, legal knowledge, resources, and expertise to your case. We will work around the clock to provide you with compassionate legal counsel to make sure that you recover the maximum compensation available after an injury. We know that finding the right personal injury attorney and law firm is important. We are different than other firms. We pride ourselves in providing you with individual attention, guidance, and care. We are proud to stand up for the rights of our clients in the face of powerful adversaries. We are privileged to represent you and will stand by your side.
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