Top Dallas E-scooters accident attorneys

Since e-scooters rental services are a relatively new phenomenon, it is natural that you may be unsure about your legal rights and compensation options after an e-scooter accident. Below, you will find answers to the most common questions you may have after sustaining injuries in connection with one of the e-scooter services available in Dallas:

I suffered injuries because a malfunction of the e-scooter  (e.g. the scooter broke in half or the scooter’s brakes didn’t function properly). Is the rental company liable?

The e-scooter rental service may absolutely be liable for your injuries. Under product liability law, a company is liable for accidents caused by dangerous design defects and flaws exhibited by their products. The key issue here is proving that the rental company was negligent in ensuring the proper safety of the e-scooters they operate.

The user agreement of the e-scooter rental service I was using when I sustained my injuries says that I assume full liability in case of an accident and I waive any rights to a lawsuit. Does that preclude me from obtaining compensation?

Not necessarily. Much depends on the circumstances of your accident and its underlying cause. If you have sustained injuries in an e-scooter accident and you believe that the service operator may be liable, you should contact a lawyer immediately to discuss your options.

Will my medical insurance cover the cost of the ER visit after an e-scooter accident as well as other medical bills?

Your personal medical insurance may cover some of your medical bills including the ER visit. However, the extent and limits of coverage may vary depending on your policy.

What parties may be held liable for the injuries I sustained in an e-scooter accident?

It depends on the circumstances of your accident. Please see the section “At-Fault Parties in an E-Scooter Accident Claim” below for more details.

I caused an accident while riding an e-scooter and a pedestrian got injured. Will my auto insurance policy cover me for my liability?

Unfortunately, it is unlikely that your auto insurance policy will cover you for the injuries sustained by the pedestrian in the accident you caused. Most personal auto insurance policies exclude liability coverage for a vehicle with fewer than four wheels. Similarly, motorcycle insurance policies may exclude liability coverage for vehicles that require the rider to stand while homeowners insurance doesn’t cover for liability in accidents caused by any self-propelled vehicle.

I sustained head trauma in an e-scooter accident because I wasn’t wearing a helmet. Will that preclude me from obtaining compensation or filing an insurance claim?

The city of Dallas doesn’t require e-scooter riders to wear helmets while using the service unless the rider is a minor. However, your insurer may take that factor into consideration when analyzing the value of your claim. On the other hand, the insurance company cannot deny your claim simply based on the fact that you weren’t wearing a helmet at the time of the accident. Please contact an attorney for more details. 

An accident involving an electric scooter may be caused by a scooter’s rider, a pedestrian or a car driver. At times, external factors may directly or indirectly contribute to an accident and other parties may be found liable for injuries. If your accident occurred as a result of one or more of the following circumstances, you may have a valid claim to compensation for your injuries:

• Road hazards caused by negligent road maintenance
• Motor vehicle driver’s negligence or recklessness
• Pedestrians being hit by an e-scooter
• Pedestrians tripping over an improperly parked scooter and falling
• E-scooter’s design flaws

In November 2018, Lime, one of the world’s largest e-scooter operators, recalled and removed from use a certain model of scooters after having determined that the scooters could break apart during the ride. Several weeks prior to that, Lime had removed thousands of scooters after it had come to the company’s attention that some of the vehicles’ batteries could catch fire due to a dangerous malfunction.

While no scooter battery incidents have been reported, multiple e-scooter users have sustained injuries due to cracking scooter decks. In spite of the relatively low speed at which e-scooters operate, accidents caused by this dangerous design flaw may have extremely serious consequences. For example, it is suspected that an e-scooter snapping in half might have been the cause of the accident in which Jacob Stoneking, a 24-year-old east Dallas man, suffered blunt force head injuries and died as a result.

Importantly, while Lime management maintains that the riders’ safety is the company’s top priority, some evidence suggests that the e-scooters operator knew about the design defects that may result in a scooter’s deck breaking and failed to promptly and adequately address this problem. If that indeed was the case, Lime could be held liable for any accidents and injuries caused by this and other dangerous e-scooter malfunctions and owe compensation to the victims.

Even though the fastest e-scooters available for Dallas residents are capable of speeds no greater than 18mph, both riders and pedestrians can sustain serious injuries in an e-scooter accident. Common injuries that may lead to a compensation claim in relation to such mishaps include:

• Head trauma
• Traumatic brain injuries and mild traumatic brain injuries
• Broken bones
• Severe bone fractures including femur fractures
• Back injuries
• Road rash and bruising

Sadly, e-scooter accidents can even be fatal. Since this new means of transportation has been introduced in the U.S. in late 2017, at least 8 people were reported to have died in accidents related to e-scooter use. If your family member has died in an e-scooter accident, you may be entitled to file a wrongful death claim. Such claims are designed to give the family of a person who died in an accident caused by another party a chance to claim compensation for their emotional suffering as well as any financial losses related to the victim’s injuries and death.

Accidents involving e-scooters can be caused by a variety of factors and circumstances. At times, it may not be easy to establish liability and point to one responsible party. A thorough investigation by an experienced injury lawyer is usually needed to gather evidence of fault and discover who bears liability for the accident. However, in general terms, the following parties may be named in an e-scooter accident claim as potentially liable for the victim’s injuries:

E-Scooter Operator or Manufacturer

If an accident was caused by a dangerous, undisclosed defect or design flaw, the operator or manufacturer of the faulty e-scooter may be held liable for any injuries sustained by the victim. Even though terms and services of the most popular e-scooter apps and services state that the rider waives their rights to file a lawsuit in case of an injury, under the product liability law, the operator or manufacturer can still be held liable if it is discovered that they failed to address a known, dangerous malfunction.

Governmental Entities or Related Businesses

If an accident was caused by conditions arising from poorly maintained or defective public roads, the victim may file a claim against the city, state, or business responsible for maintaining the safe condition of the road.

Other Drivers

If a negligent or reckless driver was at fault in the accident, the injured e-scooter rider may file a claim against the driver and try to recover compensation from their insurance company.

E-Scooter Riders

In Dallas, e-scooter riders are not allowed on sidewalks. Riding an e-scooter is strictly prohibited especially in downtown areas such as the Cedars neighborhood and Deep Ellum. A pedestrian injured in a collision with an e-scooter may file a claim against a negligent or reckless rider, especially if the collision took place on a sidewalk.

The Barber Law Firm personal injury attorneys are ready to fight for your right to full financial compensation following an e-scooter accident. We will use our extensive experience in representing accident victims to ensure your rights are protected and your interests are served. Whether you have sustained injuries as a result of an e-scooter malfunction, dangerous road conditions or a driver’s negligence, we will put our passion and experience to work for you. 

Our team will do all we can to obtain the full amount of compensation to which you may be entitled. Contact us without delay and a member of our legal team can guide you through your options and advise you on next steps.