Safety Guidelines for Bird Scooters

As with any company that rents out scooters or bikes, Bird has safety rules to minimize the possibility of injuries to the rider and members of the general public. While they cannot force anyone to follow these rules, the company has the following recommendations:

• All riders must be at least 18 years old.
• You should always wear a helmet when you are on the scooter.
• Only one person should be on the scooter at all times.
• You should always follow established traffic rules and signals.
• You should exercise caution when entering or proceeding thru crosswalks and intersections.
• Avoid using headphones and other things that can distract you.
• Make sure to keep both hands on the handlebars.
• Avoid suddenly accelerating and braking, which can cause you to fall off the scooter.
• Never operate a scooter under the influence of drugs or alcohol.
• Don’t ride on the sidewalk unless local laws permit you to do so and always keep an eye out for pedestrians.
• Make sure to ride in the bike lane or as close as possible to the right curb.
• Park your scooter out of the public’s right of way, making sure you are close to the curb and facing the street. If at all possible, scooters should be parked near trees, signs, or designated parking areas.
• Check to ensure that the scooter kickstand is secure, which will keep the scooter from falling over and possibly hurting someone.
• Do not park the scooter on an uneven surface.

Scooter Accidents Statistics

The statistics on scooter accidents show a disturbing trend in terms of increased incidents that cause injury or death. In 2020, the number of injuries from E-scooters was around 30,000. In 2023, that number more than tripled for a total count of 118,485. Keep in mind that Bird was founded in 2017, which made scooter rentals available in major cities throughout the U.S. It’s no coincidence that scooter-related injuries have been on the rise since 2017, though it’s impossible to verify the exact number of accidents. After all, many of these events are not reported, so we can’t account for all the accidents we don’t know about.

In recent years, more people in Los Angeles got hurt while riding electric scooters than people who were out walking or riding a bike. According to the JAMA Network Open, around 91% of emergency room visits for scooter accidents were due to injuries to the rider. The rest were non-riders, like pedestrians who were hit by a careless scooter operator. It’s disturbing to know that only about 4.4% of these individuals were wearing helmets when they had the accident. This, in turn, is why over 40% of patients who were injured in scooter accidents suffered head and brain injuries, and over 31% had at least one fracture.

We can conclude that injuries caused by scooters are not isolated incidents. And as we said before, the data is based on just the accidents where the victim sought medical treatment. As cheap rental prices and widespread availability make scooters a viable option for transportation, there’s no doubt that the rate of accidents will continue to rise.

Possible Injuries from a Scooter Accident

While you’re on a scooter, you normally lack any type of protection aside from a helmet. Bird requires riders to use helmets, but of course, they can’t monitor the renter when they’re on a ride. Without even a helmet, riders are completely vulnerable in the event of an accident, unlike someone inside a car that has seatbelts and airbags. This is why the level of injury can be very serious in scooter accidents, with many cases resulting in death. Those who survive the accident can end up with:

• Broken bones
• Ligament tears
• Dislocated joints
• Concussion and other kinds of traumatic brain injury
• Deep cuts and abrasions
• Knee fracture
• Wrist or ankle sprain
• Spinal cord damage
• Disc herniation
• Ruptured internal organs
• Paralysis caused by nerve damage
• Complex regional pain syndrome
• Broken hip or pelvis

This is not a complete list, but it’s meant to show you the damage that can occur when someone on a scooter gets into an accident. Many of these injuries can cause death if they are not treated in a timely manner, but people can also die from being thrown into traffic or being run over by an oncoming vehicle.

Common Causes of Scooter Accidents

Accidents are not the first thing that comes to most people’s minds when they see someone whizzing by on a Bird scooter. But it’s very easy for people to get injured while riding an electric scooter, even if they are experienced riders. And those who fall off a scooter or crash into an obstruction can suffer all sorts of injuries with serious complications. Common causes of Bird scooter accidents include, but are not limited to:

• Motorists driving recklessly – scooters cannot be used on sidewalks, so those on scooters have to share the road with drivers of bigger vehicles, like cars and trucks. This can put scooter riders at serious risk of injuries when drivers do things like not use their turn signals, stop suddenly, ignore the right of way, and drive while intoxicated.
• Reckless operation of a scooter – whether you are in a scooter, motorcycle, or automobile, you are required to follow the same set of traffic rules. Essentially, the person on the scooter may have done something or failed to do something that resulted in an accident.
• Defective scooters – people naturally expect that a rental scooter is safe and sturdy, and free of defects that cause you to lose control of the vehicle. However, it’s possible that a defect caused by the manufacturer or distributor leads to an accident while someone is using the scooter. Aside from injuries to the rider, other people in the vicinity may be harmed as well.
• Unqualified riders – Bird, like any other scooter sharing company, requires renters to be at least 18 years old. Depending on your state, there will be other requirements, like uploading a photo of your driver’s license. When riders are allowed to get around these requirements, there is an increased chance of bodily harm to themselves and others.
• Road conditions – this is another issue that many people don’t think about, but we’ve all come across huge potholes, broken concrete, exposed rebar, construction debris, and other conditions on the road that have the potential to cause an accident. There are many accidents where drivers and people on bikes or scooters fall to the ground, fly off the vehicle, or get injured in some other way. Roadway hazards also impact drivers, who lose control of their car and hit pedestrians or people that are on scooters.
• Illegal / unsafe parking of scooters – there are specific rules regarding how Bird scooters must be stationed on the sidewalk. This is the responsibility of the recreational riders and independent contractors that drop off scooters after charging them. If the scooter is poorly parked, the right of way for pedestrians may be completely blocked or obstructed in a manner that causes them to fall down. A Bird scooter can also fall over and injure someone that’s standing nearby or walking by the scooter.

Regardless of the specific cause of a scooter accident, most of these incidents and the resulting injuries could have been prevented. If scooter accidents occur because of any of the reasons listed above, victims will likely be eligible to pursue personal injury claims against the parties liable for their accidents.

Who is Liable for a Scooter Accident?

Who is liable for any injuries to you or a family member? Sometimes, it’s the owner or operator of the scooter, but this is not the case for many of the claimants we represent. There are very specific and limited circumstances that allow you to go after a scooter rental company for an accident. In most cases, the following entities are liable:

• Negligent drivers are the most common source of injury for scooter riders, especially in busy downtown areas. No matter the location, any lapse in judgement, violation of traffic rules, and other dangerous conduct can lead to an accident with tragic consequences.
• Reckless scooter riders may be sued by pedestrians and motorists who are injured in an accident. People who are traveling on foot are the most vulnerable to injuries when someone is being careless on a scooter. Even though a scooter isn’t as big or heavy as a car, it has the potential to cause devastating injuries to one or more people.
• Property owners are responsible for maintaining their premises and keeping it in a reasonably safe condition. Under the law of premises liability, property owners (or operators) may be sued if someone riding a scooter is injured by hazardous conditions, like broken concrete, oil on the pavement, and falling branches.
• City, county or state agencies are responsible for maintaining roads and sidewalks. Thus, if you had an accident on a scooter because of safety issues on the road / sidewalk, you may be entitled to payments from a government entity, like the city of Los Angeles.
• Scooter manufacturers can be sued if there is a defect with any aspect of the product that existed while it was still in the manufacturer’s possession. The defect may be caused by various issues, including design flaws, lack of quality control, and failure to comply with federal safety regulations.

We mentioned that claims against Bird and other short-term rental companies are uncommon. You may have a case against Bird if they failed to maintain or repair the scooter and this is why you were injured. Or, the company failed to enforce their own policies or local / state laws pertaining to scooter rentals. Bird can also be liable for accidents if they allow scooters to be parked in areas like public sidewalks and someone gets hurt from a trip and fall. For more information on suing for injuries or death after a motorized scooter accident, give us a call at your earliest opportunity.

The Right to Seek Compensation

Are you eligible for monetary compensation after being hurt in a Bird scooter accident? If the cause of your accident involved careless or reckless actions by another party, you have the right to pursue a claim for damages. That means you can seek payments to cover medical bills and other expenses that resulted from the accident. With some accidents, one side may be 100% responsible, but many cases involve some level of fault by more than one party, including the victim.

Even if you are somewhat to blame for the event, you have a right to sue for your monetary losses under the system of comparative negligence. This is a legal principle where each of the entities involved in an accident is assigned a percentage of fault that ranges from 0 to 100. So, let’s say it’s determined that you are 25% responsible for a scooter accident at an intersection. You can still go ahead and file a claim, but the amount you would normally receive would be reduced by 25%.

Insurance Coverage by Bird

When there is another party that’s legally responsible for your injuries, the general procedure is to file an accident claim with their insurance company. Bird used to be self-insured, meaning they handled any claims and issued payments to victims on their own. Currently, Bird is owned by Third Lane Mobility, so the insurance procedure may be different, and this can cause complications for those who are entitled to compensation after an accident. This is one of many concerns that you should discuss with a scooter rental accident attorney. Keep in mind that proving liability by a vehicle rental company is extremely challenging, so you should reach out to a personal injury law firm as soon as possible.

Past Lawsuits Involving Scooter Accidents

Each lawsuit involves its own set of details and circumstances, even if two accidents seem very similar in how they occurred and the injuries to the victims. With that in mind, it’s important to remember that previous settlements and verdicts are not an indicator of how things will how turn out in your own case. However, they still provide valuable information that can be used as a reference tool. So, let’s take a look at previous lawsuits where negligence by one or more individuals resulted in bodily harm to someone on a scooter.

Kelly O’Hara v. Jonathan Spees and Manuel Guajardo

The plaintiff, Kelly O’Hara and her coworker Manuel Guajardo, came to Jonathan Spees’ house to work on renovations. Spees was not at home, and there was a motorized scooter on the driveway that was preventing O’Hara and Guajardo from parking their work truck. O’Hara decided to move the scooter out of the way, but she ended up swerving on the vehicle and suffering an injury to her right leg.

The plaintiff claimed that negligence by Guajardo and Spees caused her to be injured and filed a claim for monetary damages. The owner of the home, Spees, was dismissed from the case, but O’Hara insisted that Guajardo was still responsible, as he told her to ride the scooter. Guajardo, on the other hand, said that O’Hara decided to get on the scooter on her own.

The plaintiff needed two surgeries and months of physical therapy to heal the injuries in her leg. She asked for $209,407 in medical expenses, $48,000 for lost wages, along with additional damages for pain suffering and future medical costs / lost income. The jury ruled that O’Hara made a conscious choice to get on the scooter, so she assumed the risks that were involved. Thus, she is fully responsible for any injuries to herself, and the case was resolved in favor of the defendant.

Brittany Bagwell v. Courtney Miller, David Miller

Brittany Bagwell was traveling down a 2-lane residential street on her motorized scooter. Suddenly, the Honda CRV that was driving in front her slowed down. Bagwell tried to pass the vehicle, but the driver – Courtney Miller – turned left and struck Bagwell and her scooter. From the accident, Bagwell suffered multiple injuries to her face, head, chest, legs, and one of her knees.

Bagwell filed a lawsuit against Courtney Miller and David Miller (the owner of the car), but the case against David was eventually dropped. The plaintiff claimed that Courtney Miller slowed down on the right side of the road, alongside other parked vehicles. Because she had come to a full stop and did not turn on her signal, Bagwell assumed that the woman was trying to park the car. That’s why she went around the car, when Miller suddenly turned left without using her turn signal.

Medical experts claimed that the plaintiff will need extensive treatment for her knee injury, and she will likely have pain in that area for the rest of her life. Bagwell asked for $814,000 and received an award of $400,000 – $16,964 for past medical bills, $23,000 for future medical expense, and approximately $360,000 for current and future pain and suffering.

Here, you can see how the driver failed to take reasonable care by using her turn signal and checking that no one was behind or around her before she proceeded to turn. This is what resulted in Bagwell being hit while she was attempting to pass Miller’s vehicle. Clearly, Miller was at fault for the accident and was ordered to pay economic and non-economic damages to the victim.

Zeferina Rodriguez and Juan Rodriguez v. Kyle Nobutisi Masui, Amy Masui, City of Los Angeles, County of Los Angeles, State of California Department of Transportation

A 13-year-boy named Chris Rodriguez was riding his Razor scooter through the neighborhood where he lived. The boy entered a blind / uncontrolled intersection and was hit by a car that was owned by Amy Masui and driven by Kyle Masui. Unfortunately, Chris did not survive the accident and his parents – Zeferina and Juan filed a lawsuit against various entities, including the city and county of Los Angeles and Caltrans. Kyle Masui was sued as well for speeding (going 35 to 40 mph in a 15 to 25 mph zone). Any Masui was included in the lawsuit under the principle of vicarious liability, as she was the owner of the car that caused Chris’s death.

The plaintiffs asserted that the various government agencies failed to resolve dangerous conditions at the intersection, and this was a contributing factor in the accident. However, the county and state agencies were dropped from the case once it was determined that the city was fully responsible for maintaining the intersection.

The case was settled for $2.6 million, most of which was paid by the city of Los Angeles. The plaintiffs also received $100,000 from Kyle Masui’s insurance company. This case is a good example of how multiple entities can play a role in causing someone to be injured or killed. There is no denying that Masui was speeding, and this clearly makes him liable for the death of Chris Rodriguez. However, the city is liable as well, since the lack of maintenance created a significant blind spot at the intersection. At the end of the day, what happened to Chris was a tragedy that could have been prevented.

How Much can I Receive from an Accident Claim?

The value of a scooter accident lawsuit can vary significantly in California. Settlements can range from just a few thousand dollars to over $1,000,000 based on the level of physical and emotional harm. Other factors, like the degree of liability by the defendant and their insurance policy limits also influence how much you will end up in compensation. The majority of claims we handle are settled for around $25,000 to $75,000, but those with serious, long-term or permanent injuries may receive anywhere from $100,000 to several million dollars.

The amount you receive from a settlement or jury verdict will include some or all of these damages:

• Compensation for current and on-going medical expenses
• Value of lost wages and future lost income
• Damage or loss of property
• Pain and suffering (damages for emotional and physical distress)
• Punitive damages in court cases involving gross negligence or exceptionally harmful conduct by the defendant

If your family member passed away after being injured in a Bird scooter accident, you may have the options of filing a wrongful death lawsuit for:

• Funeral expenses
• Medical expenses associated with the accident up unlit the date of death
• Loss of expected wages / savings / benefits
• Loss of consortium
• Pain and suffering

Protecting Your Rights after a Bird Scooter Accident

Accident victims often lose out on the right to sue because they do not take the proper steps to preserve evidence and initiate the claims process in a timely manner. If you or someone you know had an accident while using a rented scooter, here are the actions recommended by our legal team:

• If you have severe injuries, call 911 to ensure that you can receive immediate treatment and police are called out to the scene. Otherwise, take a few moments to snap photos of your injuries and damage to the scooter. Capture photos of the accident scene as well, like broken glass, blood on the ground, damage to other vehicles, etc.
• If you were harmed by another individual (reckless driver, for example), make sure to call the police and file an accident report. The officer should give you instructions on how to obtain an official copy of the report.
• There may have been witnesses to the event. If so, ask for their contact information, as witness statements can be used as evidence of the other’s party’s negligence. Also, take a look around for surveillance cameras that may have recorded the accident.
• No matter what type of injuries you have, make sure to get treatment as soon as possible. We have seen many cases where an untreated injury results in disability or life-threatening complications. Aside from safeguarding your health, you must also have proof of being injured to proceed with an accident claim. Your medical records right after the incident are crucial to ensuring a positive outcome.
• Contact the rental company to report the accident. With Bird scooters, you should have the option to file an accident report through their mobile app. This may be better than talking to a customer service rep, since you only want to get across the facts and leave out anything that can be questioned or used against you. A written statement versus a phone call gives you a chance to read things over and make sure to keep things simple.
• Reach out to an electric scooter accident lawyer who can guide you through the legal process one step at a time.  

Deadline to File a Bird Scooter Injury Lawsuit

Accident victims have a limited amount of time to file a claim for damages, which is known as the statute of limitations. For the most part, victims have 2 years from the accident date to file a lawsuit. As a surviving family member or spouse, you are allowed 2 years from the date of death to seek wrongful death benefits.

Some cases involve exceptional circumstances that the courts will consider if you are in need of more time to file a scooter accident lawsuit. For example, if you were injured on a rental scooter as a minor, the time limit for a lawsuit is 2 years from when you turn 18, the legal age of adulthood in California. Or, if you have a claim against a public entity, the deadline for a claim is only 6 months. For instance, a negligent police officer or public school bus driver hits you while you are riding a Bird scooter. These accidents involve government / school district employees, who are protected by the California Tort Claims Act. Thus, you must present a claim for personal injury or property damage no later than 6 months from the incident.

We are Here for You, 24/7

Were you or a family of your family harmed in a Bird scooter accident? If you are in need of representation on a scooter accident injury claim, look no further than DTLA Law Group. Our attorneys have decades of experience in personal vehicle injury claims, and we are more than ready to secure the compensation you deserve.

We take all cases on contingency, so you do not pay us a single penny out of pocket. Your demands for payment include the costs of legal services, and that means the party at fault pays all attorney’s fees. In other words, we get paid by wining your case, and if we lose, you owe us $0 – guaranteed.

If you are ready to learn about your rights and the available legal options, contact us today and schedule a free case review.

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