With the growing public use of electric and motor scooter rentals in large cities, especially those in Florida, it’s become more common that we’ve gotten questions regarding them. Several factors will determine if you have a sufficient case for your personal injury claim from a scooter accident.
Who can be considered liable?
- If a pedestrian was hit by a scooter user, the user is likely liable for any injuries or damages that the pedestrian incurs.
- If a pedestrian deliberately causes a scooter user’s accident, then the pedestrian can be held liable for any injuries or damages that the scooter user incurs.
- If a car and scooter collision occur, the process of deciding liability is similar to that of a bicycle and car collision – the person who did not follow rules, regulations, or laws will be held liable for the accident. Liability can also be shared.
- The scooter company can be held liable for any injuries or damages suffered by a user, pedestrian, or vehicle as a result of a malfunction. These incidents would fall under a defective product lawsuit.
- The scooter company can also be held liable for injuries caused by a non-operating scooter, such as a pedestrian suffering an injury as a result of tripping over a scooter.
- The city can also be held liable for injuries caused by a non-operating scooter, such as a pedestrian suffering an injury as a result of tripping over a scooter, especially if there is an abundance of scooters polluting the walkways.
- The city can be held liable for scooter accidents caused by unmaintained roadways, road and walkway debris, unmarked hazards, etc.
- Businesses can also be held liable for scooters accidents caused by unmaintained work areas, road and walkway debris, unmarked hazards, etc.
How will you receive compensation?
One of the most important concerns in a scooter injury claim is the lack of PIP coverage. Typically, under Florida law, vehicle operators who become injured in an accident will benefit from their own insurance’s Personal Injury Protection benefits (or PIP). However, that statute excludes moped and scooter riders from receiving PIP benefits because Florida Law does not consider them to be categorized as motor vehicles. If you were a scooter rider hit by a vehicle, your attorney will seek out the driver’s auto insurance for compensation if they have Bodily Injury coverage (BI) on their policy.
Contacting an experienced personal injury attorney as soon as possible is crucial to your case. Your attorney will need to evaluate all aspects of your case, specifically the liability and insurance circumstances to initially determine whether you are eligible to receive proper compensation. Always make sure the police are contacted and identification information of the other party involved is obtained at the scene of any accident to help the progress of your case. Contact my office at (954) 755-7803 if you or anyone you know may have questions or, in the alternative, fill out information at this link.