E-scooter are not immune from accidents. In fact,based on statistics, there has been a spike in accidents involving e-scooters. Accordingly, lack of helmet use, and riding under the influence of intoxicating substances were the identified prevalent causes. Nevertheless, New York City made a campaign with the aim to educate e-scooter riders about safety on the roads.
Immediate Steps to Take After an e-scooter accident in New York
Awareness of what to do when involved in an e-scooter accident not only saves one’s life, but also their future, in a way that their losses are justly and equitably compensated. Therefore, when on is involved in an e-scooter accident, the following must be performed, to wit:
First, prioritize your safety. If you can, bring yourself out of the dangerous location. Check yourself if you have incurred injury. Call 911 who shall send a police to assist in assessing the situation, and an ambulance to give medical assistance.
Second, if you are able, gather evidence. Obtain the details of the involved vehicle, and the details of the driver or owner. Moreover, document the incident. Take photographs and ask for the details of witnesses who are willing to execute an affidavit. Also, obtain a copy of the police report, which can be attached as a proof when filing the claim.
Thirdly, seek the medical treatment you need. In every case, not only your physical health but also your mental health shall be treated and recovered. Hence, visit the doctor, as well as a psychiatrist as needed.
Lastly, consult with a New York Personal Injury Lawyer, who shall discuss to you your remedies, and assist you in recovering your claims.
Common Causes of E-scooter accidents
Due to its nature – small size and lack of protective gears which exposes the rider to more danger, it is indubitable that e-scooter riders are more prone to injuries. Among the significant number of causes of e-scooter accidents include:
- violation of traffic rules;
- distracted driving;
- driving under the influence of intoxicating substances;
- Improper turns;
- lack of knowledge of the use of e-scooters; and
- lack of, or improper use of protective gears.
Relatively, e-scooter riders are likely to suffer light injuries such as lacerations and contusions, and even serious injuries such as fractures, traumatic brain injuries, neck injuries, and spinal cord injuries.
Determining liability in e-scooter accidents
In an e-scooter accident, like any other accidents, causes injuries that have to be compensated. Therefore, it is imperative to determine the liability. Negligence is the failure to perform a duty required by law that a reasonably prudent man would have done in such a circumstance. Relatively, liability in an e-scooter accident generally falls to the person who acted with negligence. Therefore, if an e-scooter is hit or sideswiped by a car due to the latter’s failure to check the presence of the e-scooter, or for its driver’s lack of skill or foresight, a claim for compensation may be filed against the owner and the driver.
However, in circumstances that the e-scooter rider is the faulting party, such as when it hit a pedestrian who was compliant to the traffic rules while crossing the road, the e-scooter rider shall be responsible in compensating any injury suffered by the pedestrian victim.
Can you File a Claim Against the e-scooter company?
While compensation for injury is generally demandable to the faulting party, which is usually the drivers or riders respective of their contribution to the accident, e-scooter companies are not, in all cases, exempt from liability. E-scooter companies may still be held liable if the claimant can prove that the accident is due to the defective product of the former, or that their e-scooter contributed to the accident.
Proving fault requires both evidence and competent presentation thereof. In doing so, a New York Personal Injury Attorney can assist, not only in obtaining competent evidence, and in negotiation, but also in competent representation before the court.
Conclusion
Having a New York Personal Injury Lawyer to assist in a claim can indubitably give one the assurance and confidence that the claim is handled competently. While doing the same without the assistance of a lawyer may seem doable or practical, such an act would put the claim in peril, which in effect, may bar the claim perpetually. In letting a New York Personal Injury Attorney handle and process the claim, a guarantee of success and competence comes with it.