E-Scooter Accidents

West Palm Beach & Palm Beach County Scooter Accident Lawyer

E-scooters, a type of motorized scooter, are a fast and convenient form of transportation that helps to lessen traffic congestion, especially in dense, high-traffic areas.  They are a trendy transportation trend taking the country by storm.

E-Scooters—primarily from three companies—Bird, Lime, and Spin—have grown increasingly popular, and have flooded the streets of South Florida. The idea behind the scooters is simple: the internet-connected, GPS-enabled scooters are managed through smartphone apps that show nearby available scooters. Using the app, a person can select one, scan a QR code on the scooter, tap “unlock” in the app, and start your ride. Once you’ve scooted to your destination, you lock the scooter up again.

Electric Scooters Approved For Use In The City of West Palm Beach, FL

In October 2019, the West Palm Beach City Commission paved the way for electric scooter and electric bike rentals in downtown West Palm Beach. The Commission voted its final approval for a set of regulations requiring that electronic scooters:

• Not be rented to people under 16;
• Not be strewn around the downtown; and that
• The rental operator must:
  • Monitor them;
  • Stand up fallen ones and collected ones left outside permitted areas;
  • Require that anyone under age 18 wear a helmet.

What Laws Apply to E-Scooter Riders In Florida?

The following are some of the most important scooter laws to know before riding in Florida:

• Drivers must be at least 16 years of age.You have to be at least 16 to operate a motor or electric scooter in Florida. You also need a valid driver’s or motorcycle’s license, although you do not need to carry scooter insurance;
• Helmets are required for riders under 16.If a scooter is carrying a passenger under the age of 16, that passenger must wear an approved helmet. Riders over 16 do not need to wear helmets, as long as the scooter cannot exceed 30 miles per hour. Motorized scooters, however, may not carry passengers;
• No scooters are allowed on highways.You cannot operate a motor or electric scooter on Florida’s highways or interstates. Vehicles must be able to maintain at least 40 miles per hour to operate on highways;
• Riding on sidewalks is not permitted.Riders cannot operate either scooters or mopeds on sidewalks or bicycle paths in Florida. Instead, they must ride in the roadway with other vehicles, and obey standard traffic laws.
• Scooter riders cannot ride abreast with passenger vehicles, nor can they ride on the lines between lanes (lane split). They must stay as far to the right-hand side of the road as possible, except when making a left turn or maneuvering to avoid hazards in the road. They should signal turns and stops using arm motions, like bicyclists, unless the scooter has turn signals and brake lights. Scooter riders must obey all road signs, including stop signs and traffic lights. They must also yield the right of way to other road users when applicable.

Common Types of E-Scooter Accidents

Not all scooter accidents are the same. Liability in an accident involving one of these devices generally will depend on what a person using an ordinary degree of caution would have done under the same or similar circumstances. If a person fails to exercise ordinary, reasonable caution, and that failure causes someone else to suffer injuries in an e-scooter accident, then that person should be held liable.

Here are some potential scenarios:

Car hits scooter. Perhaps the most common example of a collision is when a motor vehicle driver fails to acknowledge or even see the operator of an e-scooter. Because the scooter moves faster than one would expect a person to normally move, it can be a bit deceiving. Still, if you are the operator of a scooter, and you are legally operating in an area with a considerable density of other scooters, it only stands to reason that drivers should be on notice and use caution.

Scooters hits another scooter. Don’t discount the injuries a person can suffer when two e-scooter operators collide with each other. Some of these devices can travel at speeds as fast as 15 miles per hour. Imagine two people traveling that fast and hitting each other at full speed. Broken bones, head injuries and even serious permanent disabilities can result.

Pedestrian and scooter collide. Some pedestrians are very careless. They may do things to cause a scooter operator to be forced into traffic or an object such as a tree or pole, or they may walk directly in the path of a scooter that has the right of way.

Another scenario to consider is one in which a defect with the e-scooter causes an accident. The defect may be a design or manufacturing defect, in which case the manufacturer of the scooter may potentially be liable. If the defect arose from negligent inspection, maintenance or repair of the scooter, then the party in charge of those tasks could be liable.

The Number of E-Scooter Accidents Has Skyrocketed, Often Producing Serious Injuries

Using an e-scooter can lead to serious injuries. Hospital Emergency Departments and clinics are frequently having patients come in with injuries related to their e-scooter use, such as:

• Concussions;
• Lacerations of the face;
• Fractured skulls;
• Internal Bleeding;
• Broken jaws
• Broken legs;
• Broken wrists;
• Broken elbows; and
• Broken hips

A January, 2020 report published online in the journal, JAMA Surgery, (The Journal of the American Medical Association) produced startling statistics regarding scooter accident injuries.  For the study, researchers reviewed data from a nationwide injury reporting system.  The study reported that:

• As e-scooters’ popularity has exploded, so have injuries — skyrocketing 222% between 2014 and 2018 to more than 39,000;
• Hospital admissions also soared — 365% to nearly 3,300;
• Between 2014 and 2018, almost 40,000 injuries from powered scooters were reported nationwide, the study found. The accident rate more than tripled over that period — from 6 per 100,000 people in 2014 to 19 in 2018;
• Health officials nationwide are alarmed by the number of fractures, dislocations and head injuries showing up in trauma centers from e-scooter accidents;
• The most common injuries were fractures (27%); scrapes and bruises (23%); and cuts (14%);
• Head injuries made up about a third of the injuries — twice the rate seen in bicycle accidents;
• In all, 78% of injuries happened in cities;
• Men suffered about two-thirds of the injuries;
• Most riders hurt for the first time were between 18 and 34 years old;

At least one confirmed scooter accident death has occurred in South Florida. A man in Fort Lauderdale was killed on April 12, 2019, when he suffered serious brain injuries in a scooter accident.

Why Are Scooter Accidents Happening So Frequently in South Florida?

There are a few factors that can contribute to accidents and the severity of victims’ injuries.

• Scooter Malfunction

Like any other piece of equipment, electric scooters sometimes malfunction. The number one malfunction that riders have reported is brakes not working. Other riders have complained of throttles sticking.

• No Dedicated Place to Ride

There are few clear-cut rules about how and where scooters must be operated within south Florida. When operated on sidewalks, pedestrians become hazards. When operated in bike lanes, bicyclists become hazards. When operated in roads, drivers become hazards.

• Rider Negligence

Scooter operators have to use caution and common sense. Riding a scooter comes with the responsibility of obeying all applicable state and local laws. It’s vital to comply with signs and traffic signals. Scooters are often seen as a form of recreation, rather than a form of transportation. As a result, riders fail to do these things. Many scooter accidents have been reportedly caused because riders:

• Take over sidewalks;
• Weave through traffic;
• Ride against the flow of traffic;
• Pass through intersections against the light or without looking;’and
• Operate the scooters while intoxicated.

No helmets

In addition to severe head injuries, lacerations, broken bones and serious road rash, numerous cases involving the following have been reported throughout Florida and nationwide:

Fatalities

In September 2018, a Texas man died after suffering blunt force head trauma after falling off his scooter, becoming the first official scooter-related fatality in the country. Just two weeks later, a Washington D.C. man died after his scooter was dragged under an SUV. Since then, a handful of other scooter-related fatalities have been reported nationwide.

Tripping

Electric scooters pose significant tripping hazards, especially in downtown areas. They often are scattered all over the sidewalk with no specified parking area. Store owners or passers-by are increasingly falling over them, suffering moderate and even severe injuries.

Road Hazards

Because they are compact, scooters often can be difficult to spot if they’re left in the middle of the road. This could force a driver into a last-minute swerve that could injure the driver, another driver or pedestrians. Scooters are frequently transported from one area to another on vehicles like pickup trucks. If they’re not secured properly during transport, they could easily fall to the road or highway without the driver noticing, creating a new and unaccustomed hazard that other drivers must watch for.

Property Damage

At first thought, it’s easy to dismiss scooters as vehicles that could cause expensive property damage. However, being that scooter use is most prevalent in urban areas where real estate is tight and structures are closer to the street, it becomes easier to imagine a scenario where a scooter maneuvers away from a scooter rider and into a storefront or house, causing property damage.

What Makes Scooters So Dangerous?

There are three main factors that make electric scooters hazardous:

Lack of Training

No training is provided to scooter operators. Inexperienced drivers place everyone around them at risk – especially those who are not used to being around scooters.

Quietness

Sidewalks are universally understood to be the safest areas for pedestrians, as they’re off-limits to scooters, trucks, motorcycles and mopeds. Because they are electric, scooters are relatively quiet, and pedestrians often see them for the first time after they’ve zoomed by. One sudden move by either party could result in disaster.

Speed

Late for school or work, scooter riders often navigate through busy sidewalks at unsafe speeds. Scooters are deceptively fast, with the ability to reach roughly 20 miles per hour. Speed becomes infinitely more dangerous when coupled with inexperienced drivers.

Don’t Go It Alone. We Will Help You

Given the lack of specific legal guidelines for scooters, civil litigation is extremely tricky. If you or a loved one have been hurt in an accident involving a scooter, you need an injury law firm by your side that will sort through the myriad of red tape, then identify and pursue the responsible parties, while you focus on your recovery.  Andrea McMillan with The Law Offices of Andrea McMillan will assist you. Call her at (561) 612-5700, and she will help you recover monetary compensation for your pain, suffering and lost wages.

Scooter Safety and Accident Tips

In light of the steady, upward trend in scooter accidents and injuries, scooter riders should follow these critically-important safety tips when riding any form of motor scooter:

• Wear a helmet. This is the single most important takeaway from medical professionals thus far. Motor scooters can travel up to 30 miles per hour. That’s faster than any human can run. So, the next time you get on a motor scooter, think what it would like to sprint as fast as you can into a brick wall. That is at least the force with which you’d land on the sidewalk in a crash. So, wear a helmet.
• Know the rules of the road, bike lane, and sidewalk. As our review above reveals, where and how local law permits you to ride a motor scooter varies widely from city-to-city. Before you step or sit on a scooter, understand exactly where you can ride, and what rules govern how you can ride there. If you don’t have a firm understanding of how law-abiding scooter and truck drivers, and pedestrians, expect you to act on a scooter, then avoid riding one until you do.
• Wear protective gear. In addition to a helmet, that means wrist guards, knee and elbow pads, and close-toed shoes;
• Start off slowly. The accelerator and braking tabs on the handles can take getting used to;
• Be mindful of surrounding traffic, especially at intersections;
• No one-handed rides. Put down the phone and the coffee cup;
• No headphones or earbuds while operating the scooter;
• Don’t try to operate an electric scooter if you’ve been drinking alcohol;
• Be mindful of your safety, and the safety of others. Be alert to pedestrians and other vehicles;
• Make sure to leave the scooter out of the way of foot traffic, so it doesn’t create a tripping hazard;
• Treat a scooter accident like any other motor vehicle accident. Call first responders, take pictures/video of the scene, get contact information for the others involved and for any witnesses, and seek medical care, no matter how minor you think your injuries are.

What You Should Do If You Are In A Scooter Accident

Being involved in any type of scooter accident can be a frightening experience. Immediately after you are involved in an accident, you should take certain steps in order to protect your health, as well as any potential legal claims you may have for injuries sustained.

After A Scooter Accident, You Should:

• Call the Police from The Accident Scene.  Any accident that caused physical injury or property damage should be reported to the police. A formal police report will serve to document what occurred, what was said, who was at fault, injuries complained of or clearly visible, etc. The report will provide important information, such as the names of drivers and witnesses, driver license information, insurance information, description of the roadway, citations issued, etc. While the details may be fresh in mind shortly after an accident, those details tend to fade from memory over time. Insurance companies evaluating damage and injury claims always request a police report, which they use in evaluating who is at fault and whether to pay. For all of these reasons, it is important to call the police right after the accident occurred.

• Take Notes.  Again, it is common toforget critical details after a traumatic experience, such as a scooter accident. You should take your own notes about the accident, such as the intersection, time of day, road conditions, what the driver said, etc.

• Take Photos.  Start gathering useful evidence. Taking photographs of any property damage, any injuries, as well as any roadway evidence- such as skid marks- will be helpful in proving a case.

• Seek Immediate Medical Attention. Taking care of your health is paramount. If you are visibly hurt, experiencing any discomfort, pain, or strange sensations, or believe you are injured in any way, call 911 or visit an urgent care center or a hospital emergency room immediately after the accident. You could be injured and not realize it. Sometimes injuries take some time to become apparent. Pain and symptoms resulting from scooter accidents can show themselves three weeks or three months after the accident—sometimes even longer. Other times, what appears to be a minor injury later reveals itself as a more serious injury. That frequently happens after a scooter accident. For example, mild to moderate back pain may actually be caused by permanently herniated discs resulting from the accident. If you do not seek medical care immediately, you may hurt your health. But that’s not the only consequence.  If it turns out that the accident caused you injuries and you make a claim with an insurance company for those injuries, that insurer will likely contend that you injured yourself some other way besides the accident. The company will argue that if you were having pain and discomfort caused by the accident, you would have sought out medical care shortly thereafter. Because you did not seek medical care shortly after the accident, there will be no documented proof (ie. medical records) that you, in fact, complained of injury in the immediate aftermath of the accident. That argument will likely make your case more difficult to resolve. You should also be aware that if you don’t seek medical care within fourteen (14) days of the accident, you will be denied Personal Injury Protection benefits, under Florida law.  For all of these reasons, you should seek medical attention shortly after being in an accident.

• Do Not Discuss Your Case With Third Parties. Do not talk about your case or your injuries, or give written or recorded statements to any third party, unless we say it’s okay to do so. This includes the person responsible for your injuries, investigators hired by the insurance companies, and anyone else trying to elicit statements or pry information from you. Insurance companies and their lawyers may very well seek statements from your friends about your injuries. Be careful what you are saying to others about the accident and your condition. Call The Law Offices of Andrea McMillan at (561) 612-5700.   We know what’s up. Let us assist you.

• Do Not Comment On Facebook, Twitter, etc. Be careful how you use social media while your personal injury claim is pending. Insurance companies monitor Facebook, Instagram, Snapchat, and other sites to find ways to reduce or deny your claim for injuries. They look for posts, photos, comments, and anything else they can find to use against you. For example, if you claim you are injured, and after that post photos of yourself running, hiking, etc., rest assured it will likely be used against you-even if you subsequently delete the post. An insurance company can distort even the most innocent posting in order to try to reduce or deny your personal injury claim. It’s best to avoid creating a problem, than having to try to explain away or fix the problem. So, be careful what you post.

• Do Not Speak With An Insurance Company Adjuster or Sign Any Document. You should promptly report the accident to the insurance companies involved, but only give the basic facts.  Sometime after that, you will receive a telephone call from one or more insurance adjusters requesting that you give a statement about the accident. Do not do it until you have consulted with The Law Offices of Andrea McMillan. Insurance adjusters often ask confusing, misleading, or otherwise inappropriate questions designed to trap an unsuspecting injury victim into actions or statements that ultimately reduce or destroy that person’s personal injury claim.  Call the Law Offices of Andrea D. McMillan for advice at (561) 612-5700. You may not be legally obligated to give the statement, depending upon which insurance company is seeking it. We will advise you if you are obligated to give it. If you are obligated to give a statement, then let us explain to you, what the insurance company hopes to accomplish in taking the statement from you. Insurance companies–even your own– have an interest in paying out nothing or as little as possible to injured people. Don’t damage your case by giving the insurance company a statement harmful to you, or by signing an insurance document that harms you. An insurance company will often attempt to quickly settle your claim for injuries for the lowest amount possible, and will induce you to sign a release stating that you will not pursue any further compensation. DO NOT DO IT! It is best to have an experienced personal injury lawyer like Andrea McMillan explain to you how insurance companies operate, and what’s really going on. Andrea McMillan will prepare you to give a statement, review documents presented to you for signature, and help you every step of the way. Call the Law Offices of Andrea McMillan at (561) 612-5700.

More On Why Seeking Medical Care Shortly After A Scooter Accident is Really Important

An Important Medical Reason To Be Examined: Protecting Your Health

People involved in minor accidents, fender benders, and even serious accidents, assume they’re not in need of medical attention if their injuries aren’t obvious. They believe that if they cannot see an injury, find a laceration, or see blood, and they feel fine, then they’re actually physically fine. However, it may be a mistake to assume that. There might be more going on than meets the eye. Just because you can’t see an injury doesn’t mean it’s not there. Internal bleeding, herniated discs, injured organs, and other internal injuries can occur, even after a minor scooter accident. Assuming that you are fine can be dangerous, because the injuries you sustain can get worse if left untreated.

It’s common to wake up the morning following an accident with pain and soreness, and it doesn’t mean you’ve suffered exceptional injuries. However, some latent (dormant) symptoms could mean you do have more serious injuries.

One of the biggest mistakes that scooter accident injury victims make is assuming anything they feel is due to stress. After all, it’s not easy to have your entire world suddenly turned upside down, forcing you to deal with insurance companies, police reports, and scooter repairs. It’s enough to cause anyone to feel run down and unwell. However, accident-related stress may not be the cause of the headache. While in most cases, a headache is not a symptom of an acute problem, there are those cases where the headache is a symptom of a concussion, bleed to the brain, or other life-threatening problem. You don’t know whether you’ll have the misfortune of being among the small number of cases involving an acute injury that is not readily apparent to the naked eye. That is why it’s always a good idea to be checked by a qualified healthcare professional shortly­-within 3 days or so- after any scooter accident.

An Important Legal Reason For You To Be Medically Examined Shortly After A Scooter Accident: Meeting Legal Deadlines and Proving Your Case

Permanent injuries sometimes take days-or even weeks-to appear. If you wait too long after the accident to be examined by a healthcare provider, it may be difficult to trace the injury back to the scooter accident. You will have a difficult time proving that the scooter accident caused the injuries. If you can’t trace the injuries back (proved that the accident caused the injuries, or aggravated a pre-existing condition), then you will not be compensated for your injuries. That’s one important (medical-legal) reason why it is important to be examined shortly after a scooter accident. Even if the full scope of your injuries are not evident at the time you are examined, there will at least be a medical record officially establishing that you were in a scooter accident, and complained of symptoms to a healthcare provider shortly thereafter.

What Compensatory Damages You May Recover After Being Injured In An Scooter Accident

Compensatory damages are meant to compensate an injured person for the injuries and other losses suffered, or will suffer, as a result of the accident.  There is no special process for seeking those damages, other than requesting them in a claim or lawsuit, and proving them.  Compensatory damages include:

• Medical bills, including the costs of past and future emergency surgery, hospitalization, medication, and rehabilitation;
• Lost wages, including wages and benefits that might reasonably have been earned if the injuries had not caused disability;
• Disfigurement (permanent scarring, etc.);
• Costs of damaged or destroyed property; and
• Pain and suffering.
• Loss of consortium (a victim’s spouse is entitled to seek compensation for the loss of intimacy or damage to the quality of the marriage, resulting from the crash)

Call Us. We Will Help You Recover The Compensation You Deserve For Your Losses

If you or a loved one has suffered injuries or tragedy in an e-scooter accident, call Andrea McMillan, an experienced West Palm Beach scooter law attorney, with The Law Offices of Andrea McMillan, at (561) 612-5700.  The sooner you do, the better your chances of protecting your rights and recovering the damages you deserve.

What If I’m Partly Responsible for the Scooter Accident?

The opposing side in your scooter accident case may claim that you are partly responsible for your injuries. However, comparative negligence does not prevent an accident victim from recovering damages. Florida allows an accident victim to seek compensation for his/her injuries and other losses, even if the accident victim was partially at fault. This means you will still be able to recover damages. However, the amount of money you can recover will be reduced in proportion to your degree of fault (by a percentage). For example, this means that if you were found to be 30% at fault for causing your injuries by not wearing a seatbelt, then your damage award would be reduced by 30%. This would be defined as your proportion of fault, or “comparative negligence.”

We Will Gather Available Evidence To Help Your Case

While you concentrate on your healing and recovery, we will handle your legal case. We will gather all the evidence we can, in order to determine how the accident occurred, and to assist you with your case. We will do the following:

• Investigate whether video footage of the scene is available from traffic cameras or other cameras; 
• Obtain and review cell phone records, if we have reason to suspect that any at-fault driver was distracted by his/her phone at the time of the scooter accident;
• Interview all available witnesses;
• Obtain photographs of the scene if liability is at issue;
• Obtain photographs showing the damaged vehicles;
• Perform a background check on the other driver (if one is involved), including his/her driving record and criminal history.
• Obtain your relevant medical records for both and after the accident;
• If necessary, hire competent experts to assist us in presenting our case if the claim proceeds to litigation.

Other Ways We Will Help You With Your Scooter Accident Case

Negotiating with Insurance Companies and Others

Without the help of a skilled lawyer like Andrea McMillan, a scooter accident victim and his/her family risks being victimized all over again by insurance adjusters and defense lawyers, whose only goal is to limit their financial exposure.

Andrea McMillan has negotiated numerous case settlements over three decades of practice. Her years of experience defending scooter accident cases for insurance companies makes her a more credible advocate in the eyes of insurance adjusters and defense lawyers. They see her as having a more balanced approach than many lawyers who have only represented injured people, and are often more willing to negotiate fair settlements with her.

Filing a Lawsuit And Taking The Case To Trial, If Appropriate And Necessary

Most scooter accident cases in Florida, and elsewhere, settle out of court. That is just the reality of the legal system. But the only way to have a strong bargaining position in a settlement negotiation is to be ready to go to court, if necessary, try the case, and win a recovery for you, the client.

Cases often settle at some point after a lawsuit is filed. Sometimes, cases settle at the eleventh hour, days– or even hours– before a trial is scheduled to begin. That is because insurance companies wait until the last minute to see if you will take the money offered and run, rather than try the case. Andrea McMillan is a fighter.  She knows her way around a courtroom. If the insurance company isn’t treating you fairly, and if your case is one that is likely do well in front of a jury at trial, then Andrea McMillan will try your case. She will get you the justice you deserve.

West Palm Beach Scooter Accident Lawyer

If a West Palm Beach scooter accident leaves you or a loved one badly injured, then you will need a legal advocate by your side who can help you navigate Florida’s tangled swamp of scooter laws. At the Law Offices of Andrea McMillan, we know the ins and outs of protecting the rights of scooter accident victims. Because we view our clients and their loved ones as family, we will be show you compassion, and fight hard to ensure you receive the compensation you deserve. Call West Palm Beach scooter accident lawyer, Andrea McMillan, with the Law Offices of Andrea McMillan at (561) 612–5700 for a free, no-risk case evaluation.