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Baltimore Electric Scooter Accident Lawyers
hurt in an accident?
CONTACT HYATT & GOLDBLOOM
Electric Scooter Accident Lawyer in Baltimore
A Baltimore electric scooter accident lawyer’s role is to assist those injured by the negligent use of an electric scooter or by an electric scooter malfunction. The Law Office of Hyatt & Goldbloom has experience in every aspect of personal injury law, including electric scooter accidents. Although the current law involving electric scooters is in its infancy, our Baltimore personal injury law firm can help you navigate the recovery process and ensure the highest likelihood of receiving a full monetary settlement for your injuries.
Origin Of Electric Scooters In Baltimore
A few short years ago, electric scooter services – like the well-known companies Bird and Lime – appeared overnight in major cities throughout the country. In June of 2018, Bird became the first company to bring electric scooters to the sidewalks of Baltimore. It didn’t take long for their popularity to grow, and from that Summer on, the use of Bird’s scooters were visible all over the city. A year later, Baltimore officials embraced these “last mile” services as an opportunity to grow the local economy. In August of 2019, Baltimore City awarded exclusive permits to four electric scooter companies. Today, the companies Lime, Spin, Bolt, and Jump provide the electric scooters found in Baltimore.
Like any business that grows much faster than expected, electric scooters have helped many people, while creating significant problems for others. Electric scooters help people to get to work, run errands, and lower use of their car. However, electric scooters have also caused significant injuries to scooter riders and pedestrians. As experienced Baltimore E-scooter lawyers, we’ve seen, fought for, and won many cases involving electric scooter accidents in Baltimore.
The problem with such a new, unique business is that laws and regulations aimed to protect against its potential harm cannot keep up. While there are ways to pursue recovery for injuries sustained in an electric scooter accident, the area of law surrounding electric scooters is not fully formed. This lack of legal guidance can confuse those injured on or by an electric scooter.
Nonetheless, it appears electric scooters will remain in Baltimore for the foreseeable future. So long as these scooters are in use, The Law Office of Hyatt & Goldbloom will remain committed to assisting those injured by scooters and their riders. Our firm remains vigilant as personal injury laws involving electric scooters continue to evolve. When legal reform does occur, we will be ready to utilize it to our client’s advantage.
Baltimore E-scooter Rider Agreements And Liability Waivers
After an electric scooter accident, the at-fault party’s status will largely determine the injured party’s recovery options. For example, a common situation is when the individual who rented the scooter gets injured. These types of accidents can happen in several ways. The rider may simply lose their balance and fall, or the wheels and/or brakes could malfunction. Unfortunately, the outcome will likely be the same regardless of how the injury occurred.
When you create an account on an e scooter company’s app, you agree to a liability waiver in the process. All major scooter services use a similar liability waiver. So far, they have been successful at shielding the companies from paying damages for riders’ injuries, regardless of how a single-rider accident occurred.
One of the agreements within all electric scooter liability waivers is an arbitration clause. An arbitration clause means that the parties to the contract, in this case, the rider and the scooter company, agree to arbitrate any claims that arise from the contract, rather than having the ability to file a lawsuit. In effect, these arbitration clauses have acted mainly as a deterrent, discouraging all but the most severely injured scooter riders from bringing arbitration claims. However, this does not necessarily mean you do not have a personal injury claim if you were injured while riding an electric scooter. You should speak with an experienced Baltimore electric scooter accident lawyer to discuss your potential options after an e scooter accident.
Pedestrians Injured In Baltimore E-scooter Accidents
As a pedestrian hit by someone operating an electric scooter, your central option for recovery is a tort suit against the rider. This appears simple on the surface. If a pedestrian is lawfully walking down the sidewalk and a scooter rider negligently hits them from behind, the scooter rider’s fault appears impossible to dispute. While this is true, complications arise from gaps in Baltimore’s current insurance requirements and laws. For example, if this were an automobile accident, like a rear-end collision, the at-fault driver’s insurance would step in and eventually settle with the injured party’s attorney. But when the only vehicle involved is an electric scooter, there will rarely be an insurance company to step in after the accident.
Under this scenario, there are two places to look for insurance coverage. First, you could look to the scooter company and see if they insure their scooters or riders. However, under current Maryland law, electric scooter companies are not required to carry any liability coverage for injuries caused by a scooter rider.
Without liability coverage provided by the scooter company, the second place to look for coverage is the rider. Unfortunately, this will likely be unsuccessful as well. There is nothing that requires a rider to carry their separate insurance when riding an electric scooter. Any existing auto insurance or similar policies owned by the rider will not extend coverage to accidents on an electric scooter.
Without any applicable insurance coverage, an injured pedestrian’s next best option is to file a tort claim against the negligent driver. Under the circumstances described, the court would likely find the scooter rider at fault. Subsequently, the judge would enter a monetary judgment against the rider for a sum of money.
The tricky part is obtaining the monetary judgment. The court will not directly enforce the rider to pay the judgment. However, this is where the role of an experienced personal injury lawyer can be critical. There are specific ways to legally obtain a monetary judgment that a defendant is refusing to pay. There are potential options such as garnishing wages or checking for property titled solely under the defendant’s name. Although there is no guarantee you will secure a monetary judgment, Hyatt & Goldbloom will leave no rock unturned when attempting to obtain your award.
Electric Scooter Accident Statistics in Baltimore
If you have ridden an electric scooter in Baltimore and have felt slightly nervous, you’re not alone. Electric scooters don’t just feel dangerous; they have a track record of causing an incredible amount of injuries throughout the country. A recent study showed that nearly 40,000 broken bones, head injuries, cuts, and bruises resulting from scooter accidents were treated in U.S. emergency rooms from 2014 through 2018. The scooter injury rate among the general U.S. population climbed from 6 per 100,000 to 19 per 100,000. Most occurred in riders aged 18 to 34. Most injured riders were not hospitalized. All this to say, E-scooter injuries are all too common, and if you’ve been in an electric scooter accident, call a Baltimore electric scooter attorney as soon as possible.
Causes Of Baltimore Electric Scooter Accidents
Electric scooter accidents can occur in various ways; from simple rider negligence, scooter malfunction, and incidents involving other motor vehicles on the roadway. Some common causes of electric scooter accidents are:
- Mechanical defects in the scooter.
- Road hazards, such as potholes, debris, or tree limbs.
- Reckless, negligent, or careless driving by a scooter rider; such as exceeding a safe speed for the environment, operating a scooter in crowded public areas, and failing to adhere to traffic signs.
- Scooter riders hit by motorists and vice-versa.
This list is far from exhaustive. Because electric scooters are so accessible within various active, public areas, the events that can give rise to an accident are extensive and continue to grow every day.
Who Is Liable For A Baltimore Electric Scooter Accident?
When an electric scooter accident occurs, several different classes of people could be at fault. It’s important to understand these different areas of liability in case you’ve been injured in an electric scooter accident. Here are some common types of at-fault parties in electric scooter accidents.
Electric Scooter Rider
By negligently operating an electric scooter, a rider can be liable for injuries caused to pedestrians, other scooter riders, automobiles, or other roadway vehicles.
Pedestrians
There are also circumstances when a pedestrian may be liable for negligently causing an electric scooter rider’s injuries. This situation, just like its reverse – when a pedestrian seeks judgment against a negligent scooter rider – would likely require that the injured rider file a tort claim against the at-fault pedestrian.
Automobile Drivers
A motorist may also be liable for injuries sustained by a scooter rider. For example, if the driver opened their door on a crowded street without checking if the roadway was clear, causing the rider to crash. It is also possible for vehicles such as a state or city-owned bus to be liable for a scooter rider’s damages. Either of these scenarios would likely result in the most efficient recovery since the motorist’s automobile insurance policy, or bus’, would cover damages sustained in the accident. When an electric scooter rider suffers injuries in a car accident caused by the other driver’s negligence, there is likely a viable personal injury claim.
The Scooter Company or Manufacturer
The electric scooter company or scooter manufacturer can be liable for injuries sustained due to a mechanical malfunction. As discussed, such claims would most likely fall under the scooter company’s liability waiver arbitration clause. Various states have filed mass lawsuits against scooter companies for alleged scooter defects that resulted in significant injuries.
In addition to addressing the different parties that may be liable for an electric scooter accident, it is important to keep in mind that Maryland follows the standard of contributory negligence. Under this standard, a party cannot recover damages if they were in any way at fault for the accident. Even if a party contributed to the accident by only 1%, they would be barred from recovery.
Hurt In An Accident? Contact A Baltimore Electric Scooter Accident Lawyer Today
If you are injured in an electric scooter accident, it is imperative that you consult with a qualified Baltimore personal injury lawyer to discuss your recovery options. Due to the current gaps in electric scooter laws, promptly contacting an electric scooter accident attorney will ensure you maintain the highest likelihood of receiving the money you deserve after an accident.