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Most e-scooter riders assume that clicking “I Agree” on a rental app completely waives their right to compensation. Conversely, others believe the rental company automatically insures them against accidents. Neither is entirely true.
When you suffer an injury on a Bird, Lime, or Spin scooter, you enter a distinct legal gray area. This is because these cases sit awkwardly between motor vehicle statutes and product liability law. Unlike a standard car accident, where insurance protocols are established and predictable, scooter cases involve a difficult web of user agreements, municipal immunity laws, and private health insurance subrogation rights.
Expect immediate resistance. Insurance adjusters and defense counsel for scooter companies will almost immediately attempt to shift liability to you.
If you have a question about an e-scooter injury in the Santa Monica or West Los Angeles area, call Olan Law. We will analyze the accident report, review the specific rental agreement in effect at the time of your ride, and determine exactly who is liable for your damages. We will take the necessary steps to preserve digital evidence and begin building your claim immediately.
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Key Takeaways for E-Scooter Accident Claims
- Liability is usually complicated. The responsible party could be a negligent driver, the scooter rental company, or even the city, and identifying the correct defendant is the first step to a viable claim.
- User agreements are not an absolute shield for rental companies. A company generally cannot use a liability waiver to protect itself from gross negligence or to excuse injuries from a defective product the user could not have anticipated.
- Your own actions do not automatically prevent you from recovering damages. California’s comparative negligence laws allow you to recover compensation even if you were partially at fault for the accident.
The Liability Labyrinth: Who Is Actually Responsible?
In a standard car accident, the defendant is usually the other driver. In an e-scooter accident, there may be four or five potential defendants. Identifying the right one determines if the case is viable.
The Negligent Driver
The most common scenario involves a vehicle striking a scooter rider. Under the California Vehicle Code, e-scooter riders generally have the same rights and responsibilities as bicycle riders.
Drivers frequently fail to check blind spots for smaller vehicles or misjudge the speed of an approaching scooter. In these instances, the driver’s auto insurance acts as the primary source of recovery.
The Scooter Company (Product Liability)
If the injury resulted from a locked wheel, battery fire, or brake failure, the fault lies with the rental company or the manufacturer. This falls under the legal theory of strict liability.
You do not need to prove the company was careless. You only need to prove the product was defective when it left their control.
The City of Santa Monica (Premises Liability)
Sometimes the road itself is the danger. Potholes, uneven pavement, or dangerously designed intersections might eject a rider. However, suing a government entity is difficult.
Cities have sovereign immunity, meaning they generally cannot be sued unless you can prove a “dangerous condition of public property” existed and the city knew about it but failed to fix it. There are strict, short deadlines for filing these claims—typically just six months from the date of the incident.
The Rider (You)
In many cases, the rider bears some percentage of the fault. You might have been riding too fast or swerved unexpectedly.
California law anticipates this. Your partial fault does not bar you from recovering compensation, though it will reduce the final amount. We will discuss this further in the comparative negligence section.
The first step we take is preserving the scooter. If you own it, keep it locked away. If it was a rental, we demand the preservation of the unit and its maintenance logs from the company before they recycle or repair the evidence.
Overcoming the User Agreement and Waiver Defense
Every rider signs a digital liability waiver and arbitration agreement before unlocking a scooter. You likely didn’t read it, and the rental companies count on this.
Rental companies use these documents to convince injured riders into dropping claims. They may suggest that you “signed away” your right to sue for negligence or product defects. Do not accept this assertion at face value.
Gross Negligence
Liability waivers have limits. Under California Civil Code Section 1668, a company cannot contract away liability for fraud, willful injury, or violations of law. Courts frequently interpret this to mean companies cannot use a waiver to shield themselves from gross negligence.
If a scooter company knew a batch of scooters had defective brakes but deployed them anyway to maximize profit, a waiver will likely not protect them.
Product Defects
Courts are skeptical of waivers when the injury is caused by a hardware failure the rider could not anticipate. A user might agree to the risks of riding in traffic, but they do not agree to the risk of the scooter stem snapping in half mid-ride.
Minors
Many riders in Santa Monica are under the age of 18. Contracts signed by minors are generally voidable. Even if a parent signed on the minor’s behalf, the enforceability of that waiver regarding the minor’s personal injury claim is legally complicated and challengeable.
The Insurance Gap: Understanding Coverage Limits
Health Insurance Liens
After a crash, your health insurance will pay the immediate bills. However, this creates a lien. If you win a settlement later, your health insurer will demand reimbursement for every dollar they spent on your care. Part of our job is negotiating these liens down to ensure money goes into your pocket, not just back to Blue Cross or Aetna.
Uninsured/Underinsured Motorist (UM/UIM)
If a car hits you while you are on a scooter, and that driver flees or has no insurance, you are in a difficult spot. California law on whether your own UM/UIM policy covers you while on a scooter is nuanced and policy-specific. Some carriers argue the scooter is a “motor vehicle” not covered by the policy; others may provide coverage depending on specific exclusions.
The Operator’s Insurance
Scooter companies like Bird and Lime carry large insurance policies, such as with carriers like James River Insurance. However, these policies have massive self-insured retentions (similar to a deductible). This means the scooter company pays the first $100,000 or $250,000 out of their own pocket.
Consequently, they fight small and medium-sized claims aggressively to avoid paying from their cash reserves. We will conduct a full coverage audit to find umbrella policies or homeowners insurance clauses that might offer a path to compensation.
California’s Comparative Negligence and E-Scooters
You may be reluctant to call a lawyer because you think the accident was partially your fault. Perhaps you were riding without a helmet or were briefly on the sidewalk. Under California’s system of pure comparative negligence, this does not end your claim.
Even if a jury finds you were partially at fault, you can still recover the remaining percentage of your damages. The court will determine the total damages and then reduce your final award by your percentage of fault.
The Helmet Defense
The CPSC estimates only roughly half of riders wear helmets. Defense attorneys will likely argue that failure to wear a helmet contributes to the severity of the injury. This is called mitigation of damages.
We counter this by proving the mechanics of the injury. If you suffered a broken leg or a spinal injury, the lack of a helmet is irrelevant. The defense cannot use the helmet argument to reduce compensation for injuries the helmet would not have prevented.
Sidewalk Riding in Santa Monica
Sidewalk riding is generally prohibited in Santa Monica. Defense counsel will argue negligence per se, meaning you are automatically negligent because you violated a statute.
However, violating a traffic rule does not forfeit the claim if the driver’s negligence was the primary cause. For example, if a car pulls out of a driveway without looking and hits you, the fact that you were on the sidewalk does not absolve them of the duty to look before merging into a path of travel.
Substance Use
Recent studies suggest a significant portion of injured riders test positive for alcohol or substances. If the defense alleges impairment, we force them to prove causation. Presence of alcohol does not automatically mean you caused the crash, particularly if a car rear-ended you or a mechanical part failed.
Damages: Calculating the Full Cost of Recovery
The CPSC reports that fractures and contusions to the head and neck are among the most common e-scooter injuries. A Traumatic Brain Injury (TBI) could result in years of cognitive therapy, lost wages, and personality changes. Complicated orthopedic surgery for a shattered wrist or ankle may lead to permanent arthritis.
We calculate damages based on:
- Economic Damages: Past and future medical bills, and lost earning capacity. This is specifically relevant for young professionals in West LA whose careers may be derailed by a long recovery.
- Non-Economic Damages: Compensation for physical pain, mental suffering, and loss of enjoyment of life.
- Punitive Damages: While rare, these are possible if a driver was DUI or if we can prove a scooter company knowingly deployed a fleet of dangerous devices, demonstrating malice or recklessness.
FAQ for E-Scooter Accidents
What if I was hit by a tourist riding a scooter?
Collecting from an individual who lives in another country or state is practically difficult. In these cases, we focus intensely on finding liability elsewhere, such as a defect in the scooter (product liability) or a dangerous road condition (premises liability), to ensure there is a collectible insurance policy closer to home.
Does a “No Riding on Sidewalk” sign destroy my case if I was hit while on the sidewalk?
No. While it may increase your percentage of comparative fault, it does not absolve a driver of their duty to look. If a car exits a parking garage and strikes you, the driver has a duty to ensure the path is clear, regardless of whether you were strictly allowed to be there. We fight to minimize the fault attributed to you.
Can I sue the city if a pothole caused my scooter crash?
Yes, but the burden of proof is higher. You must prove the city had constructive notice of the pothole—meaning it was there long enough that they should have fixed it. You also must file a government tort claim within six months. Missing this deadline usually results in a permanent bar to recovery.
I didn’t go to the doctor immediately; did I ruin my claim?
You made the claim harder, but not impossible. Insurance adjusters will argue the gap in treatment means your injuries aren’t serious or were caused by something else later. You must see a doctor immediately to document your current symptoms. We then use medical experts to link the delay in symptoms (common with soft tissue or back injuries) to the adrenaline of the crash.
What if the scooter rental app account belongs to my friend, but I was the one riding and got hurt?
This violates the User Agreement, which creates a breach of contract defense for the scooter company regarding insurance coverage. However, it does not necessarily prevent you from suing a negligent driver who hit you. It complicates the case against the scooter company, but it does not automatically end it.
Protect Your Future After a Scooter Accident
Do not let a rental app’s terms of service or an insurance adjuster’s initial denial dictate your financial future.
The difficulty of e-scooter liability requires a sophisticated legal strategy, not just a standard personal injury claim. We will handle the investigation into the scooter’s maintenance history, we will challenge the liability waivers, and we will hold the negligent parties accountable for the full extent of your injuries.
You may worry that if you weren’t wearing a helmet or were uncertain of the traffic laws, you have no recourse. This is rarely the case in California’s comparative fault system. You likely still have a path to compensation.
If you have been injured on an e-scooter, call Olan Law today. We will evaluate the facts of your accident, determine if a product defect or negligence played a role, and tell you exactly what is required to pursue a recovery.
