E-scooters have quickly transformed how New Yorkers get around the city. Whether you’re commuting to work, running errands, or enjoying a ride through Manhattan or Brooklyn, e-scooters have provided a convenient alternative to traditional transportation. However, this convenience comes with risks. With the growing prevalence of e-scooters, the number of accidents involving these vehicles has also risen sharply, posing serious questions about liability and compensation for injuries.
If you’ve been injured in an e-scooter accident in New York City, you may be feeling overwhelmed. You might be wondering, “Who is responsible for my medical bills? Can I seek compensation for lost wages or pain and suffering?” At Rosenberg & Rodriguez, we’re here to help answer these questions, provide guidance, and ensure you get the justice you deserve.
E-Scooter Accidents on the Rise in NYC
The rise of shared e-scooter services, such as Lime, Revel, and Bird, alongside privately owned scooters, has created a new layer of complexity in NYC’s already crowded streets. While the City introduced regulations to promote safer usage, accidents are still common for various reasons:
- Reckless Riding: Riders often disregard traffic laws, maneuvering at high speeds or riding in prohibited areas like sidewalks.
- Poorly Maintained Equipment: Shared e-scooters may be improperly maintained, leading to mechanical failures like faulty brakes or loose handlebars.
- Lack of Experience: Many riders are new to using e-scooters and may not fully understand how to control the vehicle safely.
- Street Hazards: NYC’s uneven streets, potholes, and debris can lead to accidents for both riders and pedestrians.
- Collisions with Vehicles: Car and truck drivers often fail to account for the smaller and less visible e-scooters, resulting in dangerous collisions.
The result? Severe injuries ranging from broken bones and lacerations to traumatic brain injuries and spinal cord damage. If you’ve experienced any of these outcomes, understanding how to protect your legal rights becomes paramount.
Who is Liable for an E-Scooter Accident?
Determining liability in an e-scooter accident is not always straightforward. Several parties could share the blame, depending on the specifics of the incident.
1. The Rider
If you’re a pedestrian or cyclist injured by an e-scooter, the rider may be held liable for negligent or reckless behavior. For example, if the rider was speeding, violating traffic laws, or riding on the sidewalk, they could be responsible for your injuries.
2. The E-Scooter Company
E-scooter sharing companies are required to keep their fleet in good working condition. If an accident is caused by a mechanical failure, such as a brake malfunction or electrical issue, the company could be held liable. Additionally, some companies fail to provide adequate safety instructions or warnings, further opening themselves up to legal claims.
3. Other Drivers or Cyclists
If you were riding an e-scooter and another vehicle hit you, that driver may be liable. Similarly, a negligent cyclist who causes an accident could be held responsible.
4. The City of New York
Poorly maintained roads, lack of proper bike lanes, or unsafe infrastructure may contribute to accidents. While it’s possible to file a claim against a government entity, doing so requires navigating specific legal procedures with strict deadlines.
5. Your Own Role
New York follows a comparative negligence model. This means your level of fault may impact the compensation you can recover. For instance, if you were riding an e-scooter while distracted, you might share some responsibility for the accident. An experienced attorney can help ensure this doesn’t unfairly reduce your compensation.
Types of Compensation You Can Recover
If you’ve been injured in an e-scooter accident, you shouldn’t have to bear the financial and emotional burden alone. Victims in NYC may be entitled to several types of compensation, including:
- Medical Expenses: Reimbursement for past, present, and future medical costs such as hospital bills, physical therapy, and medication.
- Lost Wages: Compensation for any time you missed work due to your injuries.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
- Property Damage: If personal property, such as a phone, bag, or even the e-scooter itself, was damaged in the incident.
- Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or result in long-term disability.
At Rosenberg & Rodriguez, we fight to ensure our clients recover every dollar they’re entitled to under the law.
Steps to Take After an E-Scooter Accident
The moments following an e-scooter accident can be disorienting. But taking the right steps can make a significant difference in your ability to file a successful personal injury claim:
- Seek Medical Attention: Your health comes first. Even if injuries seem minor, seek immediate medical care. Some injuries, such as concussions, may not be immediately apparent.
- Document the Scene: Take photos of the accident site, your injuries, and any property damage. These serve as vital evidence.
- Collect Information: Gather the names, phone numbers, and insurance details of everyone involved, including any witnesses.
- File a Police Report: Reporting the incident creates an official record that can be used as evidence later.
- Preserve the Scooter: If a malfunction caused the accident, keep the scooter in its current state as it may serve as evidence in your case.
- Consult a Personal Injury Attorney: Before dealing with insurance companies or other parties, consult an experienced attorney who can help you protect your rights and maximize compensation.
New York’s E-Scooter Laws and What They Mean for You
Understanding the regulations surrounding e-scooters in NYC is crucial for accident victims. Here are some key points to keep in mind:
- Speed Limits: E-scooters are limited to a maximum speed of 15 mph.
- Age Requirements: Riders must be at least 16 years old.
- Helmet Laws: Helmets are required for riders under 18 but are recommended for everyone.
- Sidewalks: Riding on sidewalks is prohibited. E-scooters are meant for bike lanes or roads.
- Insurance Complications: Unlike motor vehicles, e-scooters typically lack insurance coverage unless the rider has specific policies in place. This can complicate claims and makes working with a skilled attorney essential.
Why Choose Rosenberg & Rodriguez for Your E-Scooter Accident Case?
Navigating a personal injury claim involving an e-scooter accident is no small task. You need a legal team that understands the complexities of NYC laws and regulations, as well as how to counter the tactics of insurance companies and large corporations.
At Rosenberg & Rodriguez, we’ve earned a reputation for providing compassionate, results-driven representation in personal injury cases. Here’s what sets us apart:
- Decades of Experience: We’ve handled hundreds of cases involving motor vehicle and pedestrian accidents, giving us a deep insight into how to build a strong claim.
- Tailored Representation: Every case is unique. We take the time to understand your specific situation and craft a legal strategy based on your needs.
- No Upfront Costs: You don’t pay a dime unless we win your case.
- Proven Results: From multi-million-dollar settlements to countless satisfied clients, we build trust through success.
Act Now to Protect Your Rights
The clock is ticking. New York State imposes strict deadlines for filing personal injury claims. Delaying action could limit your ability to recover compensation. Don’t wait until the damage has been compounded by unpaid bills or missed work.
Contact Rosenberg & Rodriguez today for a free consultation. We will listen to your story, explain your options, and fight for the justice you deserve.
