E-scooter and e-bike accidents are increasingly common in New York, presenting unique legal challenges due to their distinct status and regulatory framework. This episode of Millennial Lawyer, featuring attorney Mark Shirian, explores the legal differences from traditional vehicle crashes, liability factors, insurance limitations, and critical steps for victims to secure compensation, providing actionable guidance for navigating injury claims.
What legal complexities make e-scooter and e-bike accidents different?
E-scooters and e-bikes occupy a gray area, neither fully pedestrians nor vehicles, complicating insurance coverage and traffic regulations. In New York, e-bikes must adhere to bicycle laws, while e-scooters follow specific rules, creating ambiguity in liability determinations and permissible riding areas. This unique status often results in unclear insurance policies, as many auto policies exclude e-scooters and e-bikes, and riders rarely carry specific coverage.
How is liability determined in e-scooter and e-bike crashes?
Liability in e-scooter and e-bike accidents varies based on circumstances. Drivers may be liable for negligence when striking riders, while cities face responsibility for hazardous road conditions, such as potholes or poorly designed bike lanes. Companies like Lime or Citi Bike can be held accountable for product liability due to mechanical failures or negligent maintenance, such as faulty brakes or software glitches. Riders themselves may be liable if they violate traffic laws, contributing to the accident.
What insurance coverage challenges do e-scooter riders face?
Most e-scooter and e-bike companies carry limited liability insurance, often with significant exclusions. User agreements typically require riders to indemnify the company, shifting responsibility to the rider. However, if accidents result from mechanical failures or improper maintenance, company insurance may apply, provided negligence is proven. This underscores the importance of legal expertise in navigating coverage disputes.
How does helmet use affect e-scooter injury claims in New York?
In New York, helmet laws vary by age and vehicle type, and while not wearing a helmet does not bar recovery, it can reduce damages under comparative negligence principles. If head injuries could have been mitigated by a helmet, defendants may argue the rider contributed to their injuries. However, in cases where a driver’s negligence, such as running a red light, causes the accident, helmet use becomes less relevant to fault.
How can GPS and app data help prove e-scooter injury cases?
GPS and app data are critical in building e-scooter and e-bike injury claims, providing evidence of route, speed, ride duration, and accident location. This data can confirm compliance with legal riding areas and speed limits or reveal mechanical issues like sudden stops or erratic speeds. Subpoenaing this data early is essential, as companies may delete it, highlighting the need for prompt legal action.
What are common misconceptions about e-bike and e-scooter accident claims?
Many mistakenly believe e-scooter and e-bike riding is inherently dangerous, assuming all risk lies with the rider. Others think minor traffic violations or sidewalk riding preclude recovery, which is not always true. Additionally, victims often underestimate injuries like road rash or minor fractures, which can lead to significant scarring or long-term issues, warranting legal pursuit for fair compensation.
What steps should victims take after an e-scooter or e-bike accident?
Victims of e-scooter or e-bike accidents should take immediate action to protect their rights. Calling 911 creates an official record, while seeking medical attention ensures injuries are documented, as adrenaline may mask pain. Photographing the scooter, road conditions, injuries, and any involved vehicles, along with collecting witness information, strengthens claims. Reporting the incident through the company’s app, retaining ride receipts, and screenshotting ride history are crucial, but victims should avoid giving recorded statements. The vehicle should not be released to the company until inspected, arranged through an attorney, and legal counsel should be contacted before accepting settlements.
What are the best practices for pursuing an e-scooter or e-bike injury claim?
Individuals considering e-scooter or e-bike use should inspect vehicles for visible defects before riding and adhere to traffic laws to minimize risks. For those injured, prompt legal consultation is vital to preserve evidence and navigate arbitration clauses in user agreements. Most cases settle due to companies’ desire to avoid precedent-setting verdicts, but minor injury claims may require litigation to counter lowball offers. For expert guidance, visit shirianpc.com to pursue fair compensation and protect legal rights.