[Music] You’re listening to the Millennial Lawyer Podcast featuring personal injury attorney Mark Shirian. Mark is a litigator known for tackling tough injury claims across New York. I’m Sophia Morales and in this episode we’re exploring the rising tide of e-scooter and e-bike accidents and what victims need to know. Today’s episode is danger on wheels, when e- scooter and e-bike rides go wrong. Welcome back, Mark. I’m so happy to have you here with us today. 

Thank you for having me today. 

Fill us in. What makes an e-scooter or an e-bike accident legally different from a traditional vehicle crash? 

So, e-scooters and e-bikes exist. They’re not quite pedestrians, not quite vehicles. Insurance coverage is often unclear. Uh many auto policies exclude them and riders rarely have specific coverage. They’re also subject to different traffic laws. In New York, e-bikes must follow bicycle laws while e-scooters have their own rules. So, this ambiguity affects everything from liability to where you can legally ride. 

So, who can end up being liable in these crashes? The rider, the driver, the city, a company like Lime or City Bike? 

All of the above depending on circumstances. So drivers who hit riders can be liable for negligence. Cities can be liable for dangerous road conditions, potholes, unmarked hazards, or poorly designed bike lanes. We’ve handled cases like that as well. Companies face product liability claims for mechanical failures or negligent maintenance. We’ve handled several cases like that as well. I’ve seen cases where brake failures or software glitches cause crashes. Even riders can be liable if they violate traffic laws and cause accidents. 

Yeah, because no one has you take a test before you check one of these things out. 

Exactly. 

So, are riders ever protected by the company’s insurance or are they completely on their own? Well, most companies carry some liability insurance. But coverage is often limited and filled with exclusions. User agreements typically require riders to indemnify the company. However, you know, if injury results from mechanical failure or improper maintenance, company insurance might apply. The key is proving the company’s negligence rather than the rider error. 

And speaking of rider negligence, how does helmet use or the lack of one impact a case? 

In New York, helmet laws vary by age and vehicle type. So, not wearing a helmet doesn’t bar recovery, but it can reduce damages under comparative negligence. So, if head injuries could have been prevented or lessened by a helmet, the defense will argue that you contributed to your injuries. However, if a car runs a red light and hits you, your helmet use is less relevant to fault. 

What role does a GPS or an app play in building an e-scooter injury case, for example? 

Well, this data is invaluable. It shows your route, speed, ride duration, and exact location of the accident. So, it can prove you were in a legal riding area and following speed limits. Companies collect extensive data that can demonstrate mechanical issues, sudden stops, erratic speeds, or loss of power. So, we could subpoena this data early because companies may delete it. 

Yeah. And so, contacting a lawyer sooner than later is probably really important in one of these cases. 

Very, very important. 

Have you seen injuries from poorly maintained scooters or malfunctioning bikes? 

Absolutely. Frequently. worn brake pads, loose handlebars, faulty batteries uh that cut out midride, wheels that lock up unexpectedly. One client’s ebike battery caught fire. Another had a scooter accelerate uncontrollably due to a software glitch. These companies deploy thousands of vehicles with minimal daily inspection. Maintenance logs are horrifying. Yeah. So, maintenance logs often reveal known problems that weren’t addressed. 

That is really horrifying. So, what are some of the common misconceptions about e-bike crashes that can impact a legal outcome? 

These are inherently dangerous activities that assume all risk. Another is that you can’t recover if you are riding on a sidewalk or if you violated minor traffic rules. So people also underestimate their injuries thinking road rash and minor fractures aren’t worth pursuing when they could lead to significant scarring and long-term issues. 

Yeah, it’s kind of surprising how long these injuries will linger on. So what’s your advice to someone injured in an e-scooter crash in New York? 

Call 911 to create an official record. Get medical attention immediately. Adrenaline often masks injuries. So, photo everything, the scooter, bike, road conditions, your injuries, and any vehicle involved. Get witness information. Report through the app, but don’t give recorded statements. Save your ride receipt and screenshot your ride history. Don’t let the company retrieve the vehicle before it’s inspected. Contact an attorney before accepting any settlement. 

So, who needs to be doing the inspection? You mentioned not to give the vehicle over until it’s been inspected. 

Well, I would contact an attorney first for the attorney to arrange the inspection.

Okay, very good. And do these cases often go to court or are they usually settled before that point? 

It all depends. I can’t definitively say that they all settle or they all go to court. Most settle but for different reasons than car accidents. Companies want to avoid precedent setting verdicts and public you know the publicity about their dangerous products. However, user agreements often require arbitration which could complicate things. Cases with clear mechanical failure or serious injuries are most likely to settle favorably. But minor injury cases might require litigation because companies lowball initial offers. 

So what are your final words of wisdom to somebody who’s thinking about getting on an e-bike or a scooter or maybe has already been injured on one? 

First and foremost, inspect the scooter or the bike that you’re getting on. Sometimes you could just tell that it’s a defective bike just by looking at it. So don’t take any chances with respect to what visibly looks like a bad idea. Secondly, again, make sure you’re following all traffic laws and rules uh to ensure a safe trip. 

Well, thank you for sharing your words of wisdom today, Mark. 

Thank you for having me. 

ES scooter injuries are on the rise and so are the legal complexities that come with them. Learn more about your rights at shyenpc.com. And remember to like and subscribe to the Millennial Lawyer Podcast for future episodes. And be sure to share it with someone you care about. Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.