Bird is a scooter-share company that is based in Santa Monica, California. Bird was founded in September 2017 by Travis VanderZanden – a now familiar name in rideshare and scooter-share industries. After just a few years of operation, Bird successfully operates in North America, Europe, and Asia – in over 100 cities. The scooter-share service designed for last-mile transportation has revolutionized the way people go from one place to the next. However, not everything has been positive. Over the short time that Bird scooters have been available for rental, there have been countless reports of accidents and injuries. Because these rental electric scooters are still recent to personal injury, there is constant confusion surrounding these accidents. Although riders might have a general understanding of the laws surrounding scooter use and the possibility of being involved in an accident, they are often unfamiliar with their right to take action after suffering injuries related to a Bird scooter. As Bird scooter accidents and injuries become more and more common, the lack of information available for riders and the general public has become problematic.
Although Bird scooters are still a relatively new transportation option, there are already many laws that apply to the use of electric scooters. In California, specifically, the following laws apply:
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Steps to Take: Bird & Lime Scooter Accident
Without a doubt, Bird is aware that misuse of their scooters can prove dangerous. Because of that, the company encourages safety. The following safety tips are available on Bird’s safety website:
According to statistics gathered and published by Consumer Reports, there has been approximately 1,500 injuries related to electric scooters (such as Bird) since late 2017. Both of the leading electric scooter companies, one of which is Bird, were founded in 2017, making this statistic even more striking. Unfortunately, very few statistics on scooter injuries exist – because hospitals do not always track these types of injuries. Research has shown that more people were injured while riding electric scooters than while riding bicycles or simply walking in a one-year period in Los Angeles. According date provided by JAMA Network Open, a total of 249 people went to the emergency room with injuries caused by these scooters. Although an overwhelming 91% of these parties where injured while riding the scooters, more than 8% of these parties where injured as non-riders (pedestrians, for example). These statistics also show that only 4.4% of these parties were actually wearing helmets when they suffered the scooter accidents. The study revealed that more than 40% of the people involved in scooter accidents suffered head injuries, more than 31% suffered fractures, and more than 27% suffered other minor injuries. Based on these statistics, scooter-related accidents and injuries are common – and will likely represent a higher number of accidents and injuries as electric scooters become more common; the electric scooter last-mile rental phenomenon that started with just two companies continues to grow. Eventually, hospitals will begin tracking scooter accidents as they become even more prominent. Until then, we will not know the true impact that the accidents involving electric scooters have on users.
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When riding scooters, riders usually do not have any form of protection. Although helmets are required to ride Bird scooters, no one follows this rule. Unlike the drivers in normal vehicles, riders are not protected inside a metal cage and restrained by seatbelts. Because of this, scooter accidents usually result in a number of injuries – which could be fatal. Although no two accidents are the same, victims are likely to suffer some of the following injuries: sprains and strains; spinal cord injuries; shoulder injuries; nerve injuries; neck injuries; ligament injuries; lacerations; knee injuries; head injuries; fractured fingers/thumbs; fractured elbows; concussions; broken wrists; broken legs; broken hips; brain injuries; back injuries. Unfortunately, due to the nature of these accidents, it is always possible for victims to be struck, thrown into traffic, and run over by other vehicles. This increases the chances of fatalities. Pedestrians that are involved in scooter accidents can also suffer a number of injuries, although usually minor when compared to scooter riders that are struck by vehicles.
What to Do After a Bird/Lime Scooter Accident?
If you have ever seen anyone riding a Bird scooter along roads or if you have ever seen Bird scooters toppled over each other on sidewalks, you might have thought about how dangerous they could be to both users and non-users. As mentioned above, scooter accidents resulted in a surprising number of injuries in just the first year that these services were launched. Consider some of the most common causes of Bird scooter accidents:
Regardless of the specific cause of scooter accidents, the accidents and the injuries suffered because of the accidents are preventable. 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 the accident that you or a member of your family suffered? Many people assume that Bird is automatically liable for all accidents and injuries suffered because of their electric scooters. However, this is not the case. Bird is only liable under very specific circumstances. Consider the following information regarding liability for Bird scooter accidents:
Scooter and Moped Accidents Often Result in Serious Injuries
Do you have the right to sue after being involved in a Bird scooter accident? If you were involved in an accident due to the negligent actions of a party, you will likely have grounds to pursue a claim. If your claim is successful, you might have grounds to receive compensation. In general, personal injury claims are based on negligence – which consists of four elements. A party owes you a specific duty of care. The party breaches their duty of care to you resulting in an accident. The accident causes injuries. If the harm that you or a member of your family suffered can be directly correlated with the negligent actions of another party, you will likely have grounds to pursue a claim. It does not matter whether you were harmed as a rider or as a pedestrian; you likely have grounds to take action.
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When victims suffer personal injury accidents, the liable party’s insurance company is usually financially liable for the damages suffered. Bird is self-insured. Because of that, there is a lack of information available surrounding their specific coverage in the case of accidents and injuries. Will Bird’s insurance coverage apply to your accident and to the damages that you suffered? Bird’s insurance could cover your damages; however, Bird’s insurance will only cover your damages if the company is found liable for the harm that you suffered. If Bird carries no fault for the accident that you suffered, then you will likely not be covered by their insurance.
Because Bird scooter injuries are so new to the legal field, there are not many cases available for evaluation. Although there are still no concluded lawsuits relating to Bird rental scooters and the harm caused by these scooters, there are many claims surrounding other type of scooter accidents which could be relevant for future Bird injury cases. Consider the following sample lawsuits:
In September 2015, Kelly O’Hara and Manuel Guajardo arrived at the home of Jonathan Spees to work on renovations; Spees was not home at the time. O’Hara and Guajardo found themselves needing to get a work truck onto Spees’ driverway; however, Spees’ motorized scooter was in the way. O’Hara decided to get on the scooter and ride it out of the way. O’Hara swerved and suffered an injury to her right leg. O’Hara pursued a claim against Spees and Guajardo claiming that their negligent led to her injury. Spees, the owner of the motorized scooter, was dismissed from the case because he was not home at the time of the incident. O’Hara firmly claimed that Guajardo told her to ride the scooter – even though she had told him that she had never ridden one before. However, Guajardo sustained that O’Hara made the decision to get on the motorized scooter on her own. O’Hara suffered leg injuries that resulted in two surgeries and many months of physical therapy. She sought $209,407 in past medical expenses, $40,800 in lost income, as well as damages for future medical expenses and past/future pain and suffering. The jury favored the defense. This claim demonstrates how a party made the conscious choice of riding a scooter – knowing that she didn’t know how to ride a motorized scooter. In other words, the party decided to ride the scooter while aware of the risk which she was creating for herself.
– A New Type of Personal Injuries: Lime Scooter Injury Accidents
How can this be relevant to Bird scooter cases? Practically anyone can use Bird scooters, given that they meet the basic requirement. However, there is no training necessary to begin using the electric scooters. On the contrary, they are designed to be as simple to use as possible. Without a doubt, parties inexperienced with scooters are likely to struggle the first few times that they ride a scooter. If you lost control of the scooter because of your inexperienced, for example, you might be the only party to blame. Likewise, if you were struck by a party riding a scooter that made the decision to ride the scooter knowing that he or she would present a risk to others, that party might be liable.
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On April 8, 2014, the plaintiff – Brittany Bagwell – was riding her motor scooter in a two-lane residential street in Los Angeles. A vehicle driving in front of Bagwell, a Honda CRV driven by Courtney Miller suddenly slowed down. As Bagwell tried to pass the slowing vehicle, Miller made a left turn in from of Bagwell and her scooter. There was no time for Bagwell to avoid the collision. Bagwell suffered injuries to her head, face, chest, legs, and right knee. Bagwell sued Courtney Miller and David Miller (the owner of the vehicle which was later dismissed from the case). According to the claim, Miller slowed down and appeared to be stopped on the right side of the road. Because her brake lights were on and she was stopped by parked vehicles, Bagwell came to the conclusion that the driver was looking for a parking spot. Bagwell claimed that Miller did not have her turn signal on prior to making the sudden left turn into her scooter. Although the victim’s injuries did not require immediate surgery to address, Bagwell spent time in physical therapy.
Experts claimed that she will require extensive medical treatment to address the harm to her knee in the future. Experts also claimed that the victim will likely be in pain for the remainder of her life. Bagwell sought $814,000 in damages. She was awarded a total of $400,000 consisting of $16,964 for past medical care, $23,000 for future medical care, $140,000 for past pain and suffering, and $220,036 for future pain and suffering. How can this case be relevant to Bird scooter accidents? The victim in this case was riding her scooter legally. She was exercising caution to prevent an accident. The driver of the vehicle, however, negligently made a left turn without signaling or checking if it was safe to do so – striking the vehicle. Unfortunately, many scooter accidents occur in this way. Scooter riders are riding diligently and reckless or negligent drivers cause their accidents and their injuries.
When drivers negligently cause scooter accidents, they could be held liable for all the damages suffered. 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, and Does 1 through 100 On March 9, 2015, the plaintiff’s decedent – 13-year-old Chris Rodriguez – was riding his Razor scooter in his Los Angeles neighborhood. It is important to note that the scooter was not a motorized scooter. Chris Rodriguez entered an uncontrolled/blind intersection and was struck by a car driven by Kyle Masui and owned by Amy Masui. The victim’s parents pursued legal action against Kyle and Amy Masui. The victim’s parents also pursued legal action against the parties that should have maintained the intersection in which their son suffered fatal injuries – including the city of Los Angeles, the county of Los Angeles, and the State of California Department of Transportation (Caltrans). Kyle Masui was accused of negligently operating the vehicle (he was driving at 35 to 40 mph in a 15 to 25 mph zone).
Amy Masui was accused of being vicariously liable for Kyle Masui’s reckless actions. The city, county, and Caltrans were also accused of negligence; specifically, they were accused of failing to address the intersection’s poor and dangerous conditions. After it was determined that the city was responsible for maintaining the intersection in question, both the county and Caltrans were dismissed from the case. The victim suffered a number of traumatic injuries that resulted in his death. His mother and father sought wrongful death damages for the tragic event. The case settled for a total of $2.6 million. Kyle Masui’s insurance coverage paid $100,000. The city of Los Angeles (self-insured) paid $2.5 million. This case might seem irrelevant to Bird scooter accident claims because the scooter involved in this tragic accident was not motorized. Although the driver of the vehicle was clearly liable for the fatal accident, the city also carries liability. The dangerous road conditions significantly contributed to the accident and to the victim’s death. The city failed to address the hazardous conditions in the intersection, resulting in the accident and the death of the victim. Most Bird scooters are found alongside busy city streets – streets that are often hazardous. If a Bird scooter accident is caused by the negligence of a city, the city could be liable for all damages suffered.
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How much are scooter injury cases usually worth? Because Bird scooter accident claims are still less common than all other types of personal injury claims, average claim values are largely unavailable. Instead of searching for set values, it is more beneficial to understand the different factors that could affect the value of a personal injury case. One of the most important factors that affect the value of your claim revolves around the type of injuries that you suffered. In general, severe injuries are associated with higher medical bills. If you suffered many severe injuries, your medical bills will be expensive. If your injuries were permanent, you will likely be left with the need for future medical care which amount to additional medical expenses. In general, the preliminary value of your claim depends on the injuries that you suffered. Without a doubt, the physical injuries that you suffered are important to the value of your claim. However, your accident likely resulted in mental and emotional distress. If your accident left you dealing with pain and suffering – both past and future – you could be entitled to additional monetary compensation. In general, pain and suffering can include depression, anxiety, PTSD, and embarrassment, for example, as well as physical pain. The value of your claim will also be affected by the type of work you performed prior to your accident. In general, personal injury accidents result in victims being unable to work for some time. Depending on the type of work and your wage history, the value of your claim might significantly increase. When determining the value of your case, both past lost wages and future lost wages are important. Even if all the factors mentioned above result in your claim being valued at millions, for example, it is likely that the value of your claim is limited by applicable insurance. In most personal injury claims, the compensation available for recovery is paid by an insurance company. If the liable party only carries a few hundred thousand dollars in insurance for example, your claim will be limited to that specific value regardless of any other details. Regardless of the specific values of their claims, victims of personal injury accidents are sometimes eligible to receive some of the following types of compensation:
If you or a member of your family suffered injuries due to a Bird scooter accident, you likely have the right to receive compensation. Although monetary compensation will not reverse the harm suffered due to the accident, it could help you and your family focus on moving forward.
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Unfortunately, many people do not know what action to take after being involved in a personal injury accident. Regardless of the type of personal injury accident in which you were involved, taking action might prove difficult. Because Bird scooter accidents are so new to the legal field, pursuing these claims might even be more difficult – simply due to the lack of information available. If you or a member of your family were involved in a Bird scooter accident, you must act appropriately to ensure that you preserve your right to take action against the party liable for the harm that you suffered. Consider the following recommended action that parties affected by Bird scooter accidents should take after suffering any type of harm due to these scooters:
If your scooter related injuries were caused by a defective scooter, you should also do the following:
If your scooter related injuries were caused by poor or dangerous road conditions, you should also do the following:
Perhaps one of the most important things that you should do after being involved in a Bird scooter accident is to seek legal assistance. Seeking legal assistance will put everything listed above into perspective. A lawyer will be able to use all the information which you might have to build a case and fight for your right to recover compensation for your scooter injury claim.
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If you were involved in any sort of accident, you might have grounds to pursue a personal injury claim. Could you pursue a personal injury claim even if you were injured because of a Bird scooter? Although claims surrounding Bird scooters are very new to personal injury, victims affected by these scooters still have the right to take action against the parties liable for their injuries. To preserve your right to pursue an injury claim after being harmed by a scooter, you must have a thorough understanding of the statute of limitations that applies to your claim. All injury claims are subject to a statute of limitations. A statute of limitations is a deadline that applies to claims to ensure that claims are pursued within a timely manner and to prevent defendants from facing claims from incidents that occurred too many years ago. Essentially, statutes of limitations ensure that claimants pursue their claims promptly. If statutes of limitations are ignored, claimants will lose their right to sue. Because of that, it is essential that claimants file their claims within the appropriate statute of limitations that applies to their claims. What statute of limitations applies to Bird scooter injuries? As mentioned above, Bird scooter injury claims are new; therefore, there are no specific deadlines that apply to these claims. Instead of Bird scooter claim-specific deadlines, victims of Bird scooter accidents are subject to general deadlines for personal injuries. In the State of California, most personal injury claims are subject to a two-year statute of limitations. What does this mean? After a Bird scooter injury, you will have two years to take action against the liable party. If you fail to take action within the two years allowed by the statute of limitations, you will lose your right to sue and your right to receive compensation. Although statutes of limitations are strict deadliness, there are quite a few exceptions that might result in tolls (or a pause) in the statute of limitations that applies to your claim. For example, if you were suffered an injury while you were underage, the statute of limitations that applies to your claim will not start until after you turn 18. Similarly, if the party liable for your injuries left the state for whatever reason, the statute of limitations will not start until he or she returns. Understanding the deadline that applies to your claim is one of the most important things relevant to reaching a successful claim outcome. Too many innocent victims lose their right to take action after suffering injuries simply because they do not understand how long they have to pursue their claims.
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Were you involved in a Bird scooter accident? Was a member of your family involved in a Bird scooter accident? If you need legal representation after you or a member of your family was involved in a Bird scooter accident, do not hesitate to contact the experts at Downtown L.A. Law Group as soon as possible. Downtown L.A. Law Group is a personal injury law firm dedicated to representing the victims of personal injury accidents and helping them recover compensation after being involved in scooter accidents and suffering harm. If you believe that you have grounds to pursue a scooter injury claim, do not hesitate to contact our law firm immediately. Our firm offers free consultations and free second opinions to ensure that victims of scooter injuries have access to all the information that they need to pursue a claim. Our firm also offers a Zero-Fee guarantee and a strict contingency structure to ensure that our clients will never have to worry about upfront legal fees. If you believe that you are ready to discuss your claim with our personal injury lawyers, contact us today.
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– Lime Scooter Injury Accidents
– Bird Scooter Injury Accidents
– What to Do After a Bird/Lime Scooter Accident?
– Steps to take after scooter accident
– Scooter and Moped Accidents
– Does Bird Provide Insurance Coverage?
– Bird Scooter Injury Lawyer
– Lime Scooter Insurance
– Average Value of a Lime Scooter Accident
– Los Angeles Bird Scooter Injury Attorneys
– Things to Know after a Bird Scooter Accident
– Los Ageles Lime Scooter Injury Lawyers
– Average Value of Bird Scooter Injury Claims
– Santa Monica Lime Scooter Accident Attorneys
– Long Beach Bird Scooter Injury Attorney
– Accidents Caused by Potholes
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