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What should I do if I’m injured on a Bird Electric Scooter?
You may have noticed an increase in the number and usage of Bird scooters and other electric scooters in Denver. These may be left lying on the sidewalk or in use on the roads. These electric scooters are easily recognizable as they have black frames with the word ‘Bird’ printed on the side.
These popular modes of transportation are seen as eco-friendly and have led people to make their journeys on a scooter rather than taking more traditional forms of transportation such as cars, motorbikes or buses.
E-scooters such as Bird, among others, have been subject to ridicule and controversy lately as we see an increase in electric scooter-related accidents and personal injuries. Personal injury lawsuits against scooter companies and other road users have been on the rise in recent times.
For a 100% free consultation, call our personal injury attorneys on (303) 800-1501 for a no-obligation conversation with a Denver Bird Scooter Accident Lawyer. 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!
TYPES OF E-SCOOTERS
In Denver, Bird electric scooters are not the only e-scooters in use. Some of the most common electric scooters you may find in Denver are:
- Bird
- Lime
- Lyft
- Spin
- Razor
It is estimated that there are almost 2,000 dockless scooters in operation in Denver averaging 4,832 number of rides per day covering a distance of 952,898 miles. According to the Swedish Medical Centre in Denver, they treat as many as 20 people a week suffering from e-scooter injuries – mainly for head injuries. This doesn’t come as a surprise as these riders have an increased exposure to injuries if involved in an accident.
ELECTRIC SCOOTER REGULATIONS IN DENVER
According to the Denver Department of Public Works, scooter users must adhere to the following:
- Must follow the rules of the road
- Electric scooter are not permitted to ride in bike lanes or on roads/street with speed limits above 30mph
- Users can ride on a sidewalk if a road is not available and must not exceed 6mph
- All vehicles must be parked in a way that does not hinder pedestrian’s walkways
According to Bird, to operate e-scooters in safely, the users must:
- Wear a helmet while riding a bird scooter
- Follow the rules of the road
- Yield to pedestrians
- Not wear headphones
- Use both hands when in operation
- Be at least 18 years old and hold a valid driver’s license
- Not take any passengers
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
Accidents on electric Bird scooters are on the rise in Denver. In a recent article in the Washington Post, emergency workers in various cities have reported an increase in the number of e-scooter related injuries they have treated. In several cities, patients arrived with severe injuries, such as head trauma, from these bird scooter accidents. Common accidents have been:
- Bird scooter malfunction
- Scooters flipping over
- Uneven surfaces causing a fall
- Hit by a car or other vehicle while on a scooter
- Accidents involving pedestrians
- Death
In relation to malfunctioning scooters, the most common complaints have been:
- Accelerators stuck in place on Bird scooters
- Failing brakes
- Handlebars were broken, wobbly or falling off
CAUSES OF SCOOTER ACCIDENTS
E-scooter accidents can generally fall in one of the three below areas:
- User Negligence – the bird rider did not adhere to the rules of the road, Denver city rules on using a scooter or was distracted while riding the scooter. 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 – at times another road user, such as a driver of a car, bus, truck, bike or another type of vehicle may hit a scooter and found liable for causing the accident due to their negligence. Common driver negligence accidents involving a scooter have been:
- Running a red light,
- Failing to yield to scooter user
- Distracted driving
- Driving under the influence of alcohol or drugs
- Texting while driving
In these cases, the scooter user may be eligible to seek compensation from the driver.
- Defective/Malfunctioning Scooters – in these cases the scooter company may be found liable for the accident if the scooter malfunctioned. Some common malfunctions associated with e-scooters are:
- Brakes failed
- Accelerator stuck at full speed
- The baseboard broke
- Wheels locked up
- The scooters power ran out mid-journey
If the scooter malfunctioned it may be possible to file a personal injury claim against the scooter company.
WHAT TO DO AFTER A BIRD SCOOTER ACCIDENT
Reports of Bird scooter injuries are likely to increase as more and more people gain access to these dockless scooters. If you have suffered a personal injury on a bird scooter, there are a few steps to follow may help you later when seeking compensation:
1. SEEK MEDICAL ATTENTION
Ensuring that you get medical attention for any injuries is of utmost importance. Even if you don’t think you are injured, it is important you get checked out. After an accident, adrenaline may mask symptoms of an injury. Also, if you don’t receive medical attention a very minor injury could develop into something more serious over time.
Call 911 and wait for paramedics to arrive. Check other people involved in the accident to see if they are ok. This is very important for your health but will also be useful if you proceed with an injury claim as you will need medical records to prove your injuries when filing a claim.
2. CALL THE POLICE
The police may take details of the accident, and likely fill out an accident report. It is important that you clarify exactly what happened. Explain what happened from your perspective, for example, if you were involved in a car accident because a driver failed to yield or ran a red light, or your scooter malfunctions, all of these details will count.
The police reports will be useful when filing your lawsuit as it will help prove who was at fault for the accident.
3. GATHER INFORMATION
Keeping a record of the accident will be useful when you do speak with an attorney. To be sure that you have recorded important information, you should document the following:
- Photographs of the scene
- Photographs of the cause of the accident where possible
- Details of any witnesses to the accident
- Were there any cameras in operation close by? If so, make a note or ask the owner for access to it.
- If you were involved in a car accident, ensure to get the details of the driver that hit you such as, the license plate number, vehicle make, model and color, driver license number, and insurance information.
4. CALL A PERSONAL INJURY LAWYER
Once the dust has settled and you have been seen by a doctor, to learn more about how to best move forward with a personal injury claim it is advisable to speak with a scooter accident lawyer in Denver. This will also help you in understanding your legal rights and what you need to do to seek compensation. Once an attorney takes on your case they will:
- Gather all documents needed to file your claim
- Deal with insurance companies to settle your case for you
- Take care of the legal matters so you can focus on getting better!
WHO IS LIABLE AFTER A BIRD SCOOTER ACCIDENT?
The party that will be held accountable for your accident and injuries will depend on a few different elements. Most commonly, the following parties are sued for electric scooter accidents:
THE SCOOTER COMPANY
If you lose control of a scooter because of a malfunction, the scooter company may be held liable for your injuries. Common malfunctions users report are:
- Brakes failed
- Accelerator malfunctioned and the scooter was stuck at full speed
- The baseboard broke in half
- Wheels locked up during the ride
- Power failures mid-ride
In all cases, the rider can lose control and injure themselves leaving the scooter company liable for compensation.
OTHER ROAD USERS
Bird scooters are not the only cause of scooter-related accidents, other vehicles such as cars, buses, trucks, bicycles, and pedestrians can also cause a scooter accident. If it is proven that another road user caused the accident, they may be held at fault for the accident. Examples of accidents caused by other road users are:
- Scooter hit by a car, bus, truck, motorcycle
- Scooter hit by a cyclist
In this case, the scooter rider can sustain serious injuries as a result of the driver’s negligence.
PEDESTRIANS
Pedestrians may also be held accountable if their actions lead to a scooter accident. This may happen if the pedestrian fails to yield to crosswalk lights and walks in front of a scooter rider. In this case, the pedestrian may be held at fault for the injuries. Keep in mind that if the accident occurs in a parking lot, the pedestrian will almost always have the right of way.
PROPERTY OWNERS
Property and business owners have a duty of care to the public to ensure that their property is safe and hazard free. Where a scooter rider is traveling through a hazardous environment and it can be proven that the property owner failed to provide a safe path for the scooter rider, the property owner may be held liable for their injuries.
FILING A SCOOTER ACCIDENT LAWSUIT
In Denver, filing a Bird scooter accident claim with Zinda Law Group can be broken down into a 3-step process. Should we take on you case, our attorneys will be with you every step of the way:
1. 100% FREE CONSULTATION
Your health is the top priority. If you are injured and cannot come to our office, we will come to you. In speaking with a lawyer you will come to understand your position better. We offer 100% FREE consultations meaning that you do not have worry about consultation fees in the process.
Our accident attorneys will assess your case and be able to advise you on whether they think you have a case or not.
2. INVESTIGATION
If your attorney believes that you have a case, they will move into step two and begin investigating your claim. In doing so, they will put together all the documents needed to seek compensation. Your attorney will walk you through each step of the investigation process.
3. RECOVERY
At this stage, your attorney will have moved your claim along and will begin negotiating with the other side to seek compensation for your injuries. All you need to do is focus on your recovery!
SCOOTER ACCIDENT SETTLEMENTS
If you have been involved in a Bird scooter accident, understanding your injuries and losses is very important as this helps your attorney piece together a settlement amount to pursue. Your settlement amount may include both economic and non-economic damages incurred. Scooter accident compensation may be categorized into two areas:
ECONOMIC DAMAGES
- Medical expenses
- Cost of future medical expenses
- Loss of earnings
- Loss of future earnings
- Household expenses
To claim economic damages, you will need to show expenses incurred, such as medical expenses and anything else related to your claim. Your attorney will help you in gathering the documents and be in a better position to advise you on what they believe your case is worth.
NON-ECONOMIC DAMAGES
Non-economic damages may include:
- Pain and suffering
- Mental anguish, reputational damage
- Loss of quality of life
- Loss of companionship
- Psychological injuries.
TALK TO OUR DENVER PERSONAL INJURY LAWYERS
Pay nothing if we don’t win your case – that’s our no win no fee guarantee
Our Denver 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 (210) 390-0742 for a free consultation with one of our experienced personal injury lawyers.
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