In an era defined by sustainable and affordable mobility, electric scooters (e-scooters) have swiftly altered the landscape of urban transportation. With their convenient and eco-friendly attributes, e-scooters have become a favored mode of travel, introducing a new dimension to city commuting.
However, this evolution has not been without its challenges. Over 1,300 e-scooter accidents have been caused by motor vehicle collisions in recent years.
San Diego County has also seen news reports recently about accidents involving electric scooters, from a man facing life-threatening injuries to a teenager colliding with a van.
The surge in car accidents involving e-scooters has introduced a layer of legal complexities that must be understood. In this blog post, our San Diego Electric Scooter attorneys will guide you through the intricacies of navigating these cases.
Table of Contents
What are San Diego’s E-Scooter Laws?
Understanding the laws for e-scooters and their traffic dynamic is pivotal in determining liability and guilt in accidents.
Many jurisdictions have enacted specific rules for e-scooter riders, such as speed limits, designated lanes, and helmet requirements.
In San Diego County,
- Riding electric scooters on the sidewalk is illegal.
- Using a bike lane is required when available.
- If a bike lane is unavailable, e-scooters must remain on the right side of the road, moving with the traffic flow.
- E-scooters are only allowed on roads with a speed limit of 25 mph or less.
- Helmets are not required.
While not exhaustive, these laws are essential for residents and visitors of San Diego to understand.
What Evidence Is Important for an E-Scooter Car Accident?
Effective evidence collection and preservation are pivotal in building a robust case in e-scooter-related car accidents. Timely action and a strategic approach are decisive in substantiating claims and ensuring a solid legal footing.
Swift action in collecting evidence immediately after an accident is paramount. This proactive approach bolsters the credibility of your case and facilitates accurate reconstruction of events.
The following types of evidence are vital if involved in an e-scooter car accident.
- Eyewitness Accounts and Statements: Statements from witnesses provide invaluable insight into the sequence of events and help establish a clear picture of the incident.
- Police Report: Contacting 911 immediately following an accident is important to ensure the physical care of those involved, but it also serves to get the details of the accident on record.
- Traffic Camera Footage and Surveillance Videos: Visual evidence captured by traffic cameras or nearby surveillance systems can provide an unbiased account of the accident.
- E-Scooter Data: E-scooters often possess data that includes GPS tracking, speed records, and usage patterns, offering critical information about the rider’s actions leading up to the accident.
Proper evidence collection and reporting ensure the legal process can move forward efficiently.
Who Is at Fault in an E-Scooter Accident?
Establishing fault requires closely examining the circumstances leading up to the accident. Assessing this is a complex procedure that involves considering evidence and investigation.
Whichever party showed negligence will be the one found responsible for the accident.
There are cases where there is shared fault. This is comparative negligence.
Comparative negligence principles assess the degree of responsibility of each party involved, influencing potential compensation awards.
Car Driver Negligence
The car driver’s violation of established traffic rules is a pivotal piece of evidence that substantiates their negligence and direct involvement in the accident. Instances such as running a red light, failing to yield, or exceeding speed limits contribute to establishing liability.
The ability to demonstrate that the car driver was distracted by electronic devices, intoxicated, or impaired in any way significantly reinforces the case against them. Such circumstances underscore a failure to exercise due care and caution while operating a vehicle.
E-Scooter Rider Negligence
E-scooter riders must adhere to the same traffic signals and signs as other road users. Establishing that the e-scooter rider failed to obey traffic signals or signs substantiates their negligence and contributes to attributing liability.
Presenting evidence of reckless or aggressive riding behavior on the part of the e-scooter rider strengthens the argument that their actions directly led to the collision. Speeding, weaving in and out of traffic, or engaging in risky maneuvers fall within this category.
How Is Compensation Determined After an E-Scooter Car Accident?
In the aftermath of e-scooter-related car accidents, pursuing fair compensation necessitates assessing various facets, including:
- Medical Expenses: This encompasses a range of vital healthcare aspects, spanning hospitalization, surgical procedures, medication, rehabilitation, and ongoing medical care essential for a complete recovery.
- Property Damage: Central to the compensation endeavor is the advocacy for full reimbursement of costs associated with repairing or replacing damaged vehicles and personal property. Addressing property damage is a pivotal component of achieving comprehensive restitution.
- Pain and Suffering: A critical endeavor involves quantifying the physical and emotional distress endured by the victim. Seeking just compensation for the pain and suffering resulting from the accident acknowledges the profound impact on the individual’s overall well-being.
- Lost Wages and Future Earning Capacity: Calculating and pursuing compensation for the income lost due to missed work days, along with the potential impairment of future earning capacity, constitutes a strategic cornerstone of the compensation strategy.
Evaluating the above damages allows an accurate determination of what should be rewarded through trial or settlement.
Simplify the Legal Landscape With Help From HHJ
The dynamic landscape of e-scooter-related car accidents demands a comprehensive understanding of legal intricacies and safety precautions. However, if you’ve been involved in an e-scooter car accident, it doesn’t need to remain complicated.
At HHJ Trial Attorneys, we have a team of seasoned legal professionals; navigating these complexities with experience and knowledge about all the unique laws surrounding e-scooter car accidents in San Diego County.
Contact us today to get a free consultation with our e-scooter accident attorneys.
