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E-Scooter Accidents And Wrongful Death Claims

Jan 24, 2023 | Electronic Scooter

Due to their accessibility, use, and relatively low cost to ride, electric scooters have become more and more popular over the years, which leads to more E-scooter accidents. Unfortunately, as more people use e-scooters, more fatal accidents also happen. In addition to the riders, pedestrians and drivers are also at risk when using electric scooters. Finding the responsible party in an accident is complex; therefore, choosing the correct legal counsel is crucial to winning your case.

Different Types of E-Scooter Accidents

Scooter accidents that result in severe or fatal injuries include the following:

  • When a scooter operator collides with a car, truck, or motorcycle
  • A road hazard, such as a pothole or an asphalt fissure
  • An accident between a pedestrian and a scooter driver
  • A scooter that is not in use injures a pedestrian or bike (for example, tripping over a scooter left on a sidewalk)

E-Scooters Regulations in California

Here are seven California e-scooter laws you should be aware of to keep users safe and assist in preventing accidents:

  • Minors must wear helmets at all times. (CVC 21235, California Vehicle Code)
  • When using a bike lane, the top speed is 15 miles per hour. (CVC 22411)
  • When available, e-scooters must be used in bike lanes (such as bike paths or bikeways). However, this legislation does not apply whether the rider is a passenger in another vehicle or a pedestrian when making a left turn, when he or she is avoiding a hazard in the bike lane, or when making a right turn. (CVC 21229)
  • E-scooters cannot be used on sidewalks, and riders must possess a current driver’s license or learner’s permit. Passengers are not permitted to ride the scooter. (CVC 21235)
  • The rider must stop after the intersection on the right curb, dismount or lower the scooter, and cross the road on foot for left-hand turns. (CVC 21228)
  • Riding an electric scooter through a crosswalk is against the law. (CVC 275).
  • Like any other motor vehicle, an electric scooter is subject to all traffic laws. E-scooters and automobiles both have rights and obligations. (CVC 21221)

Who Can Be Liable After Fatal E-Scooter Accidents in California?

You can bring a wrongful death lawsuit against:

  • The Manufacturer of the Electric Scooter.

Manufacturers may be held accountable if the scooter is faulty or violates state laws. Electric scooter manufacturers may be held responsible if their business creates a defective part resulting in a mishap.

  • Another Driver

Another driver may be responsible for an accident if he acted carelessly or recklessly and contributed to the accident.

  • A Government Organization

A government organization might be liable for wrongful death if a poorly maintained road sidewalk, curb, or traffic light brought the accident.

Wrongful Death Actions in E-Scooter Accidents

To recover damages incurred due to the decedent’s untimely death, the survivors and the personal representative of the decedent’s estate can file a wrongful death action. Here are some damages that family members can recover:

  • health costs before death
  • the absence of income that would have supported survivors
  • psychological distress brought on by the loss of the survivors
  • loss of leadership, company, and friendship
  • Costs of burial and cremation

Statute of Limitation for Bringing a Wrongful Death Claim after an E-Scooter Accident

You must take early action to preserve your potential rights in a wrongful death claim. In general, you have two years from the date of the incident or death to bring a wrongful death claim in California. There is a six-month deadline for filing a lawsuit against a government entity. These are strict rules, and there are very few exceptions.

Contact KAASS LAW Wrongful Death Attorneys Today!

We have experience managing wrongful death claims, and we can assist you in recovering compensation from the person or business that caused the death. Call us today at 310-933-5171. Visit our website to view our other practices.