Who is Liable in E-Scooter Accidents?

Lakewood, Colorado Personal Injury Lawyer Serving Denver, Boulder, and Nearby Areas

Posted: August 5, 2019

E-scooter apps have brought 2,840 scooters to Denver streets, according to the Denver Post. The city plans to extend indefinite permissions to this facet of the rideshare market as of September 2019.

The influx of scooter traffic around the city has been controversial. Many view the eco-friendly transportation option as an effective way to reduce traffic congestion and ease commutes. However, rider behaviors aren’t always prudent or courteous, and drivers and pedestrians have valid safety concerns. No matter what perspective you hold, it’s important to understand safety and liability basics when it comes to these electronic vehicles. 

E-scooter accidents are complex in terms of liability. If you suffer an e-scooter-related injury, the Frickey Law Firm’s experienced personal injury attorneys can help. We pride ourselves on giving you the personal attention and representation needed to achieve the best possible outcome.

E-Scooter Liability Waivers

E-scooters are electric scooters that you can find and rent using an app on your phone. When you rent a scooter, you enter into an agreement that releases the rental company from liability. Many scooter renters are unaware that upon signing this liability waiver, they are agreeing not to hold the company responsible for any injury they might incur.

Are E-Scooters Dangerous?

The nature of a last minute transportation option lends itself to certain risks: you may not have a helmet with you; you may not be an experienced rider; you may not know the local laws and regulations. Riders can put themselves and others at risk in the following ways:

  • Inexperience
  • Poor attention to road conditions
  • Risky behaviors
  • Inadequate protective gear
  • Not making visibility a priority
  • Riding in unauthorized areas

Unfortunately, even if you use the scooter as instructed, take safety precautions, and follow traffic laws, you could still suffer an injury as a result of factors beyond your control. Mechanical or software glitches have caused riders substantial injuries already.

Additionally, e-scooters are not serviced or inspected between rides, which means device failures often go undetected until an accident occurs. Potential hazardous issues include:

  • Brake failure
  • Tire issues
  • Loss of power
  • Handle bar collapse

Liability

Liability with injuries related to e-scooters is complicated. Even if you have signed a waiver, the company may still be held liable in certain circumstances. For instance, the company may be liable if it doesn’t adhere to local laws in some way or if the device you used was defective. Consulting a personal injury attorney is the best way to determine if you have grounds for a case against an e-scooter company.

It is important to note that auto policies typically only cover vehicles with four wheels. If you are a regular rider, you should speak with your insurance agent about your options for scooter insurance or other policies that provide coverage for this mode of transportation.

Call Us for a Free, No-Obligation E-Scooter Case Review

Call us at 303-237-7373 for a free initial case evaluation. In your consultation, we will evaluate your case and see how we can help you get justice. There is no risk or obligation involved.

The Frickey Law Firm takes cases on a contingency basis. This means you don’t pay us anything unless we win your case. We proudly serve Lakewood, Denver, Boulder, and the surrounding areas of Colorado.

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