Bird Scooter Accident Lawyers
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What should I do if I'm injured on a Bird Electric Scooter?
If you have walked around Austin lately, you may have seen a Bird electric scooter strewn on the sidewalk or zipping past you on the road. They have black frames with the name "Bird" in white letters along the side.
Electric scooter companies describe this mode of transportation as eco-friendly, motivating more people to commute on these scooters instead of their cars. While they may have a positive impact on the environment in the long term, they are also at the center of controversy with many people filing personal injury lawsuits against these companies and other road users for e-scooter related accidents.
If you or a loved was injured while riding a Bird Scooter, either by a faulty scooter or because of another road users’ negligence, you may be entitled to compensation for your injuries.
For a 100% free consultation, call our personal injury attorneys on (888) 659-9392 for a no obligation conversation. Tell us about your case and should you choose us to represent you, you pay nothing unless we win your case – that’s our No Fee Guarantee.
Common Types of e-scooters
Bird electric scooters are not the only scooter you will see around Austin. The most prevalent scooters in use around Austin are:
There are currently an estimated 14,000 dockless scooters in operation in Austin. Most recent data tells us that in October 2018 there were 275,300 scooter trips taken in Austin with a distance of 264,300 miles. Each trip averages 12 minutes and 1 mile. Given the added exposure to accidents, these riders have we have seen an increase in accident claims and injury settlements over the past year.
Electric Scooter Regulations
According to the City of Austin, people riding an electric Scooter should:
- Yield to pedestrians on the sidewalks
- Park in a secure, upright position in designated areas and give at least 3 feet of clearance on sidewalks
- Not take these scooters to unauthorized private property, parkland or state-owned land unless otherwise authorized
Just like other vehicles, scooters also fall under local laws related to transport. A user must:
- Have a valid driver’s license
- Wear a helmet at all times
A Bird scooter user must not:
- Ride with any passengers
- Ride the scooter on the sidewalk
- Leave the scooter on the sidewalk unless parked in a position that leaves room for pedestrians
- Ride the scooter at night
- Carry any packages that may hinder the operation of the scooter
Please note, these are not necessarily the exact codes in your jurisdiction, so be sure to perform your own research in order to understand which laws apply to you.
Common Bird Scooter Accidents
According to the Washington Post, emergency room workers in many cities around the country have reported having seen a spike in scooter-related accidents. In seven of those cities, they reported to regularly see severe injuries – such as head trauma – from scooter-related accidents. They report that these accidents were caused by incidents such as:
- Malfunctioning scooters
- Scooters flipping over
- Uneven surfaces causing a fall
- Hit by a car while on a scooter
- Collisions with pedestrians
Other common causes reported online are:
- Accelerators stuck in place on Bird scooters
- Brakes failing
- Loose or wobbly handlebars
Taking the common accidents into account, the three most common causes of bird scooter accidents are:
- User Negligence – the user did not adhere to the rules of the road, was not paying attention or in other ways caused the accident. In these cases, the scooter user may not have a strong injury case as it may be proven that they caused the accident themselves.
- Other Driver Negligence – another road user, such as a car, bike or other vehicle hit a scooter user and caused the accident due to their negligence. In these cases, the scooter user may be entitled to seek compensation for their injuries
- Defective Equipment – the scooter itself was not fit for purpose, it may have malfunctioned, brakes did not work, accelerated got stuck. In these cases, it may be possible to file a lawsuit against the company – Bird, Lime, Lyft, or whoever’s scooter you were riding.
Hit by a Car While Riding a Bird Scooter
Reports of injuries due to Bird scooters may be likely to occur given the ease at which individuals can obtain them. If you have been injured on a Bird scooter, you may want to follow a few key steps, if you choose to seek compensation for your injuries.
What to do after a Bird scooter accident
Following an accident that was not your fault, in order to seek compensation and bring forth a personal injury lawsuit there are a few steps that you need to follow:
1. Seek Medical Attention
Immediately after the incident, take a second to assess your injuries and also check to see if other people involved are injured. Call an ambulance immediately to ensure that you and others receive medical attention. This is of utmost import for your health and is also useful if you proceed with an injury claim as you will need medical records to prove your injuries when filing a lawsuit.
2. Call the Police
It is very important that you report the scooter accident to the authorities. The police will take details of the accident, be sure to be as thorough as possible. If you were hit by a driver who may not have had right of way, or may have been at fault for another reason, make sure to file a police report. It is highly advisable to have official documentation from law enforcement outlining who is at fault when pursuing a personal injury claim.
3. Gather Information
It is important that you have all the details necessary to make a claim. To ensure you covered everything you should document the following:
- Pictures of the scene
- Pictures of the cause of the accident where possible
- Contact details of any witnesses to the accident
- Look around and take note if there was any CCTV in operation that may have captured the accident
- If you were hit by a car take details of the driver and details of the car such as license plate number, driver license number, and insurance information.
4. Call a Personal Injury Lawyer
It is advisable to speak with an attorney following an accident to gain a better understanding of your current legal situation and rights. A lawyer will be best placed to advise you and help you seek compensation for your injuries. Once an attorney takes on your case they will:
- Gather all documents necessary to file your claim
- Deal with insurance companies in an attempt to settle your case for you
- Take care of the legal matters and leave you to focus on your recovery
Who is liable after a Bird Scooter Accident?
In order to determine who is at fault for your scooter accident there are a number of factors that need to be taken into account:
The Scooter Company
In cases where a device malfunctions, the scooter company could be held liable. Users have reported the following malfunctions:
- Brakes malfunction
- Accelerator gets stuck
In both cases, the rider can lose control and injure themselves
Other Road Users
Other road users have been known to cause an accident and injure a scooter rider. In these cases where the cause of the accident can be attributed to another road user, they could be held liable. Users have reported accidents such as:
- Hit by a car while on a scooter
- Hit by a cyclist while on a scooter
- Hit by a bus while on a scooter
In this case, the scooter rider can sustain serious injuries as a result of the driver’s negligence.
Pedestrians also have a duty of care to those around them to ensure their actions do not lead to an accident. In cases where a pedestrian acts in a way that breaches that duty of care, they may be held liable for the accident.
Property owners or business owners also have a duty of care to maintain a safe environment for those who are on their property. If a property or business owner fails to keep their environment safe and clear of hazards, a scooter rider could find themselves in an accident. In these cases, the business owner may be found liable for the incident.
Filing a Scooter Accident Lawsuit
Filing an e-scooter accident lawsuit with Zinda can be broken down into a 3-step process. Our attorneys will be with you every step of the way and make the claims process as straight forward as possible for you.
1. 100% Free Consultation
Your health is your wealth and it is of utmost importance that you seek medical attention straight away following an accident or injury. Once you have been seen to, you should speak with a lawyer as soon as possible after your accident. We offer 100% free consultations to help you understand your position better, without having to worry about consultation fees in the process.
Our attorneys will assess your case and based on their experience be able to advise you on whether they think you have a case or not.
If you have a strong case, your attorney will then take the time to investigate your claim and in doing so will gather documents needed to file your claim. This will also include requesting medical records, as you will need these to prove your injuries. At this time there is very little you need to do. Your attorney will walk you through each step of the investigations process.
At this point, your attorney has gotten your claim under control, will reach out to the party at fault to pursue your scooter accident settlement so you can focus on your recovery!
Scooter Accident Settlements
If you were injured while riding a Bird scooter, you should understand the full extent of your injuries, including both economic and non-economic damages. Due to the exposed nature of a scooter rider, the chance of catastrophic injury from being struck by a car may be higher than a collision involving two automobiles.
Scooter accident compensation may be categorized into two areas:
- Medical expenses
- Cost of future medical expenses
- Loss of earnings
- Loss of future earnings
- Household expenses
Pain and suffering and psychological injury you sustained because of the injury.
To seek these damages as part of your settlement, you will need to show expenses incurred and medical records. Your attorney will help you in gathering these documents and from that be in a position to advise you how much they think your claim is worth.
Talk To Our Austin Personal Injury Lawyers
Pay nothing if we don’t win your case – that’s our no win no fee guarantee
Our accident lawyers are on hand to help you navigate the legal process. We know that it can be daunting to file a claim for the first time. That is why we have everything covered, allowing you to focus on your recovery while we focus on settling your case. We have the knowledge and resources necessary to help you build the strongest case possible and seek maximum compensation for all the ways your injury has cost you.
Our firm also believes that an injury victim should never have to worry about their ability to afford excellent legal representation. That is why we offer 100% free consultations, and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your personal injury case. That's our No Fee Guarantee.
Call Zinda Law Group today at (888) 671-5127 for a free consultation with one of our experienced personal injury lawyers.