Types of E-Scooter Accidents
Many streets in the Bay Area have designated bicycle lanes which are set apart from regular traffic lanes by concrete medians. Although these medians are designed to keep e-scooter and other riders safe, they could contribute to both left-turn and right-turn accidents.
These medians often give drivers a false sense of security. They assume these barriers keep riders safe. So, when drivers make left turns against traffic, they may not look as closely for e-scooters as they should. Therefore, in many cases, when they think they see a break in traffic, they suddenly accelerate to shoot through the gap, and pull directly into the path of an oncoming e-scooter. A collision is usually inevitable at that point.
Right turn wrecks are somewhat similar. When most drivers turn right, they only look to the left. As a result, they might not see e-scooters which are directly to their right. That’s especially true if a concrete barrier decreases their visibility. So, when the light turns green, the fast-moving, four-wheel vehicle turns in front of the slow-moving e-scooter rider.
The fatality rate is often high in these accidents. E-scooter riders have no airbags, seat belts, or other restraint systems to protect them. Additionally, most e-scooter riders don’t wear helmets and have little operating experience.
As mentioned above, e-scooters are stored outside and not inspected very often. Additionally, there’s a good chance the scooter has been involved in at least one minor accident. If a defective brake or other component causes a wreck, the e-scooter manufacturer could be strictly liable for damages.
Liability Issues
The vast majority of e-scooter accidents don’t involve defective products. Driver error causes about 90 percent of the vehicle collisions in California. Usually, these collisions involve the ordinary negligence doctrine or the negligence per se rule.
Ordinary negligence is basically a lack of reasonable care. Most drivers have a duty to drive defensively and avoid accidents when possible. Negligence per se is the violation of a safety statute, such as failure to yield the right-of-way. These tortfeasors (negligent drivers) could be liable for damages as a matter of law.
A number of insurance company defenses are available in these matters. For example, the aforementioned left-turn wrecks sometimes involve the last clear chance defense. If the victim has the last clear chance to avoid a wreck, perhaps by changing lanes or speeds, the victim could be legally responsible for damages. So, a Walnut Creek e-scooter accident lawyer must do more than establish a prima facie case. The evidence must be strong enough to refute defenses like last clear chance.
Contact Our Walnut Creek E-Scooter Accident Lawyers
Injury victims are normally entitled to substantial compensation. For a free consultation with an experienced e-scooter accident lawyer in Walnut Creek, contact Venardi Zurada, LLP online or give us a call at (833) 893-6763. We do not charge upfront legal fees in these matters.
