E-scooters, e-bikes, and even motorized skateboards offer a fun and effective way to get around New York City. However, they can be dangerous for riders, pedestrians, and other drivers. Accidents with e-scooters are happening, more and more, often because of the user or another driver’s negligence.
If you are involved in an electric bike-vehicle collision, contact an injury lawyer for help today. At Hecht, Kleeger & Damashek P.C., we know the laws that apply to e-scooter cases and can help get the compensation you need.
Call 212-490-5700 or use our contact form for a free consultation. There’s no fee unless we win.
On This Page:
Personal Injury Laws
Do I Need An E-Scooter Accident Lawyer?
Yes. New York City laws involving e-scooters can be complicated. It can be hard to know who is liable for damages and how to make a claim.
In some situations, the at-fault party may not have insurance, or they may not have enough to cover all your damages. This is why it’s important to work with an e-scooter accident lawyer who can help you understand your rights.
Who Is Liable in an E-Scooter Accident?
When there is an e-scooter accident, fault typically lies with the person who acted negligently. Negligence refers to someone’s legal duty to act responsibly or follow the law, but that person failed to uphold that obligation.
In a personal injury case, a claim is successful when the failure of meeting that legal duty results in injuries and financial damages to another person.
Sideswipe E-Scooter Accidents
If a motor vehicle driver fails to see an e-scooter rider and sideswipes them, the car driver is likely negligent for failing to keep a proper watch out for others. The e-scooter rider would file an insurance claim with the car owner or driver to recover money for their damages.
Rider & Pedestrian Accidents
However, if an e-scooter driver is on the sidewalk and hits a pedestrian, the e-scooter rider is likely responsible for the accident. The e-scooter rider would have to pay for any damages they cause to the pedestrian.
A pedestrian can be liable as well. If a person is crossing a roadway in violation of a traffic signal and an e-scooter driver fails to stop and hits the pedestrian as a result, then the pedestrian may be liable.
While it is true that the e-scooter rider should avoid hitting the pedestrian even if they have the right of way, there are situations in which the pedestrian would not have been seen early enough to stop. In that case, the pedestrian can be held accountable.
E-Scooter Company Negligence
It is possible for the e-scooter company to be liable if the scooter malfunctions and causes an accident. However, it can be difficult to prove that the machine caused a problem instead of the driver.
How Much Is Your E-Scooter Accident Worth?
The exact value depends on your losses. Without a full case consultation, it is impossible to tell you how much a case is worth. That’s why Hecht, Kleeger & Damashek P.C. offers free case reviews. Additionally, you don’t pay any fees until we win your case for you.
After an accident involving an E-scooter, you may be entitled to:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Disability
- Disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium (spousal relationship)
E-Scooter Accidents in New York City: Common Causes
Any number of factors may have contributed to an e-scooter collision.
Some common causes of e-scooter accidents in New York City include:
- Violating the rules of the road
- Failure to follow street signs or traffic lights
- Failure to yield right of way
- Driving under the influence of alcohol or drugs
- Driver inexperience
- Distracted driving
- Improper lane usage
- Dangerous passing
- Unsafe speeding
- Unsafe lane changes
- Improper turns
E-scooters are smaller and more maneuverable than other vehicles, so drivers often take risks darting in between traffic. Additionally, it can be hard for other cars to see e-scooters and riders because of their smaller size.
Common E-Scooter Injuries
Even at low speeds, an impact for an unprotected e-scooter rider is dangerous.
Some typical injuries for e-scooter riders involved in accidents include:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Fractures
- Head and neck injuries
- Internal injuries
- Soft tissue damage
- Lacerations and abrasions
- Contusions
Unfortunately, pedestrians are often victims of e-scooter accidents as well. They may be crossing a road or walking on the sidewalk when an e-scooter plows into them.
Pedestrian injuries can be severe and may even be fatal due to the impact of a quickly moving vehicle.
E-Scooter Laws in New York City
E-scooters practically flooded New York City over the last few years, and the city has responded with laws aimed at keeping people safe.
Important laws regarding NYC e-scooters are:
- They cannot drive over 15 miles per hour
- They may be ridden in bike lanes and on streets with speed limits of 30 miles per hour or less
- Helmets are required for riders under the age of 18.
E-Scooter or Electric Bike
E-scooters are distinguished from many other electronic vehicles. An E-scooter has handlebars and a floorboard or seat. It may be operated by electric and/or human power. They only drive up to 15 miles per hour. An e-scooter does not require a driver’s license to operate.
By contrast, an e-bike is a two-wheeled bicycle with a motor. Most are pedal-assisted. They drive up to 20 miles per hour. An e-bike does not require a driver’s license to operate.
Other Laws & E-Scooter Insurance
A moped is a limited-use motorcycle with two or three wheels. It operates up to 40 miles per hour and requires a driver’s license.
None of these are allowed to operate on sidewalks. Additionally, none of these vehicles requires insurance coverage. Thus, accidents with electronic vehicles can result in complex claims because you might have to file a personal injury lawsuit against the actual driver instead of an insurance company.
An E-Scooter Accident Lawyer Can Help You
If you have been involved in an e-scooter accident, you should immediately contact an attorney. Evidence disappears quickly, and witness memories fade. When you call Hecht, Kleeger & Damashek P.C., we will get to work on your case right away and pursue max compensation.
Call HKD today at (212) 490-5700 or use the contact form for a free consultation. There’s no fee unless we win.
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