Bird Scooter Accident Lawyer in San Antonio

TYPES OF E-SCOOTERS

In San Antonio, Bird electric scooters are not the only e-scooters that you may come across. Some of the most common e-scooters you may find in San Antonio are:

• Bird
• Lime
• Blue Duck
• JUMP
• Lyft
• OjO
• Spin
• VeoRide

There are currently an estimated 3000 dockless e-scooters in operation in San Antonio. According to the San Antonio Fire Department, there were a reported 93 scooter injuries in mid-September of 2018 when they started recording these figures. These riders have an increased exposure to injuries if involved in an accident and as a result, we have seen an increase in accident claims and injury settlements recently.

ELECTRIC SCOOTER REGULATIONS IN SAN ANTONIO

Recently San Antonio City Council has put in place harsher regulations for dockless scooter users. The new rules prohibit the following:

• Scooter company cannot allow their scooter to be used between 11 pm and 6 am
• San Antonio has the power to remove and impound any scooters if they are blocking rights of way or are left in prohibited areas

Recommendations by San Antonio for electric scooter users:

• Minimum age requirement for riders 16+
• Ride only on roads with speed limits of 35mph or less
• Use bike lanes when available
• Prohibit use in city parks and trail ways
• Ensure a 2 feet difference between rider and pedestrians on pathways
• Yield to pedestrians
• Ensure a light in front and a red light on the back of the scooter
• Ensure a bell, horn or other sound mechanism is fixed to the scooter

Parking your scooter:

• Park upright and orderly to allow pedestrians access
• 3ft. clearance on sidewalks
• Parking in Swell Cycle station is prohibited
• Users may park in a bike rack
• Do not block curbs, ramps, entry or driveways
• NO parking in loading zones

A Bird scooter user should not:

• Take on any passengers
• 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

Vendor Compliance

In accordance with San Antonio laws, all electric scooter vendors should:

• Correct any reported violations within 2 hours
• Correct any violations in prohibited areas within 1 hour
• Provide 24/7 customer support via phone
• Lock any reported broken vehicles within 2 hours

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 bird scooters are becoming increasingly common in San Antonio. In a recent article in the Washington Post, emergency workers in multiple cities around the country reported a considerable increase in scooter-related accidents. In several of those cities, severe injuries were reported, such as head trauma, from e-scooter accidents.

Common accidents:

• Bird scooter malfunction
• Scooters flipping over
• Uneven surfaces causing a fall
• Hit by a car while on a scooter
• Colliding with pedestrians
• Scooter accident death

Causes:

• Accelerators stuck in place on Bird scooters
• Failing brakes
• Handlebars are broken, wobbly or falling off

These accidents happen generally due to one of the following reasons:

• User Negligence – the scooter user did not adhere to the rules of the road, San Antonio City Council rules 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 – another road user, such as a car, bicycle or other vehicle hit a scooter rider and causes the accident because of their own negligence. The driver may have run a red light, failed to yield to scooter user or was distracted. In these cases, the scooter user may be eligible to seek compensation from the driver.
• Defective/Malfunctioning Scooters – in this case, the scooter may have malfunctioned. Some common malfunctions that we have come across are:
  • Brakes failed
  • Accelerator was stuck at full speed
  • The baseboard broke
  • Wheels locked up
  • The scooters power ran out mid-journey

In these cases, it may be possible to file a personal injury claim against the scooter company.

WHAT TO DO AFTER A BIRD SCOOTER ACCIDENT

Reports of injuries due to Bird scooters may be likely to occur given the ease at which individuals can obtain them. If you have suffered a personal injury on a bird scooter, there are a few steps to follow that may help you later with your claim for compensation.

1. SEEK MEDICAL ATTENTION

Immediately following the accident, seek medical attention. Call 911 and wait for an ambulance to arrive if you think you are injured. 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 will take details of the accident, and likely fill out an accident report. Be sure to be as clear and thorough as possible. For example, explain what happened from your perspective, if you were hit by a driver who didn’t yield, or your scooters brakes malfunctioned, every little detail will count. This will help you establish who is liable for the accident. 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:

• Photographs of the scene
• Pictures of the cause of the accident where possible
• Witness details
• Were there any cameras in operation close by 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

To gain a better understanding of your legal rights and what you need to do to seek compensation, it is advisable to speak with a San Antonio injury lawyer. A lawyer can advise you on the next steps involved in seeking compensation for your injuries. Once an attorney takes on your case they will:

• Gather all documents needed to file your claim
• Deal with insurance companies to help 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?

There are multiple factors involved in determining who is liable for your bird scooter accident:

THE SCOOTER COMPANY

If the device malfunctions, the scooter company could be held accountable. Users have reported the following malfunctions:

• Brakes failed
• Accelerator was stuck at full speed
• The baseboard broke
• Wheels locked up
• The scooters power ran out mid-journeyIn all cases, the rider can lose control and injure themselves.

In all cases, the rider can lose control and injure themselves.

OTHER ROAD USERS

Bird scooters are not the only vehicle on the road, other road users such as cars, bikes, buses, trucks, and pedestrians have been known to cause accidents involving scooters. In these cases, the other road user may be held liable if it is shown that they caused the accident. Users have reported accidents with other road users 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

Pedestrians must also ensure their actions do not lead to an accident or injury to anybody around them. If a pedestrian acts in a way that causes an accident with a scooter and causes injury to the scooter rider, they may be held liable for the accident.

PROPERTY OWNERS

Property and business owners much ensure that their property is fit for use and must maintain a safe environment for visitors. Where a scooter rider journeys through a person’s or business’ property and an accident occurs because of a hazardous environment, the property owner may be held liable for the accident and sued.

FILING A SCOOTER ACCIDENT LAWSUIT

Filing an e-scooter accident lawsuit in San Antonio with Zinda Law Group can be broken down into a 3-step process. Our attorneys will be with you every step of the way:

1. 100% FREE CONSULTATION

Your health is the number one priority and of utmost importance that you seek medical attention straight away following an accident or injury. It is advisable to speak with an accident attorney after you have been treated. We offer 100% free consultations to help you understand your position better, without having to 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.

2. INVESTIGATION

If you have a strong case, your attorney will move to the next step which involves investigation of your claim and in doing so will put together a file of all necessary documents needed to pursue compensation. In this stage there is very little you need to do. Your attorney will walk you through each step of the investigation process.

3. RECOVERY

Your attorney has gotten your claim under control, and will negotiate with the insurance company to settle scooter claim so you can focus on your recovery!

SCOOTER ACCIDENT SETTLEMENTS

If you were injured on a Bird Scooter, it is important to understand the full extent of your injuries. This includes both economic and non-economic damages incurred. 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:

ECONOMIC DAMAGES

• Medical expenses
• Cost of future medical expenses
• Loss of earnings
• Loss of future earnings
• Household expenses

NON-ECONOMIC DAMAGES

• Pain and suffering and psychological injury you sustained because of the injury.

To seek 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 able to advise you how much they think your claim is worth.

TALK TO OUR SAN ANTONIO 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 (210) 390-0742 for a free consultation with one of our experienced personal injury lawyers.

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