Electric Scooter Accident

Electric scooters have become an increasingly common sight on Chicago’s streets, offering a convenient and eco-friendly travel option. Unfortunately, the uptick in e-scooter usage also means higher chances of accidents involving riders and motorists; almost 80% of e-scooter deaths in the US occurred because of car accidents. [1]

If you or someone close to you have been injured because of an electric scooter accident within the city, reaching out to an electric scooter accident lawyer is one of the first steps you should take.

The Traffic Laws Applying to Electric Scooters in Chicago, IL

An electric scooter, commonly referred to as an e-scooter, is a motorized vehicle with a handlebar and deck for the rider to stand on. It is powered by an electric motor and offers a swift and environmentally friendly option for navigating the city’s landscape.

To ride an electric scooter in Chicago, no license is required, but individuals must be at least 18 years old or 16 with a parent or legal guardian’s consent.

Scooters Must Use a Bike Lane if Available

Chicago requires electric scooters to operate in designated bike lanes and expressly bans them from sidewalks, ensuring the safety and mobility of pedestrians. E-scooters are also generally prohibited from being used in Chicago parks and beaches.

If a designated bike lane is not available, e-scooters are allowed on the street, where they must stay on the right side to allow cars to pass safely.

Scooters Must Observe all Traffic Laws

While on the road, electric scooter riders are subject to the Illinois vehicle code and must follow traffic laws. This includes stopping at stop signs and red lights, yielding the right of way to pedestrians, using appropriate hand signals for turning, and riding in the same direction as vehicular traffic. Helmets are not required for e-scooter users.

Navigating the bustling city streets of Chicago on an electric scooter can be both exhilarating and efficient, but it’s crucial to prioritize safety and adhere to local regulations.

Common Causes of Electric Scooter Accidents

Electric scooters have surged in popularity across many urban areas; unfortunately, so have accidents involving e-scooters. This development can be attributed to a variety of factors:

• Rider Inexperience: First-time users or those unfamiliar with the scooter’s controls are prone to losing control and causing electric scooter accidents.
• Reckless Riding: E-scooter riders who navigate traffic irresponsibly or disobey road laws increase their risk of collision.
• Poor Road Conditions: Potholes, uneven pavement, and other street defects can cause riders to be thrown from their scooters.
• Equipment Malfunction: An e-scooter experiencing brake failure or battery issues can malfunction unexpectedly, leading to dangerous situations for the rider.
• Negligent Drivers: If a negligent driver fails to see electric scooters because they’re speeding or distracted, they can contribute to serious scooter accidents.
• Lack of Protective Gear: Many riders do not wear helmets or other protective gear while riding e-scooters, significantly increasing their chances of serious injuries if an accident occurs.
• Dooring: Instances when drivers or passengers in motor vehicles open car doors without noticing approaching e-scooter riders resulting in “dooring” accidents.

Damages Our Chicago Scooter Accident Lawyers Can Help You Recover

If you’ve been in a scooter accident in Chicago, our electric scooter accident lawyers are ready to help you pursue the damages needed for your recovery and well-being. Here’s an idea of what we can work towards recovering on your behalf.

Economic Damages

These recoverable damages include medical expenses, physical therapy costs, lost wages and future lost wages due to missed work, property damage, and any loss of earning potential resulting from long-term injuries.

Non-Economic Damages

This is compensation for the intangible impacts of your scooter accident, like pain and suffering, emotional distress, and loss of enjoyment in life.

Wrongful Death

In the tragic circumstance where a loved one has been fatally injured in an e-scooter accident, our Chicago wrongful death lawyers can assist you in pursuing wrongful death damages.

This could cover funeral and burial costs, medical bills from before your loved one passed, loss of consortium or companionship, the income and benefits that the deceased would have provided to the family, and pain and suffering for your loss.

The Value of Your Electric Scooter Accident Claim

It’s understandable to want to know what your case is worth, but there are no standard, go-to settlement amounts for scooter accident claims. The value of any claim will vary based on specific details of your accident. However, factors that could greatly affect the potential value include:

• The severity and type of your injuries will determine your settlement, with more serious or permanent injuries generally yielding higher settlements due to increased medical costs and impacts on quality of life.
• The insurance coverage limits of both the electric scooter rider (if applicable) and the at-fault party can affect compensation. A policy’s cap could limit what you’re able to recover.
• Lost wages, when your injuries have forced you off work or if they impact your ability to earn income in the future, are considered in the claim value.
• The strength of the evidence and the clarity of liability play important roles. If liability is clear and well-supported by evidence, your chance of a higher settlement increases as does the likelihood that an insurance company will opt to settle rather than risk losing more in court.
• Whether you were partially at fault also weighs in; under comparative negligence laws, your compensation would be reduced proportionally to your degree of fault.

The Effect of Waivers When Seeking Financial Compensation for an E-Scooter Accident

In the bustling streets of Chicago, e-scooter-sharing services like Lime, Spin, and Superpedestrian, have become popular modes of transportation, offering a convenient and eco-friendly alternative for navigating the city.

Before using these scooter rental companies, riders are typically required to agree to a waiver through the service’s mobile app. These waivers acknowledge the risks associated with riding e-scooters and, to an extent, absolve the companies from liability in case of an accident.

The effect of these waivers on a personal injury claim can be profound. Essentially, by agreeing to the waiver, riders may be relinquishing their right to seek compensation from the e-scooter company for injuries sustained due to an accident while using their service.

Legal challenges can arise, especially if an injury results from negligence on part of the e-scooter company, such as failure to maintain equipment or ensure the safety of their scooters. In such cases, despite the initial waiver agreement, injured scooter riders may still have a valid claim for fair compensation with the proper legal guidance and representation.

Common Injuries Sustained by Electric Scooter Riders

While e-scooters have become a popular mode of urban transportation, they do not come without risks. Here are some common injuries that a Chicago electric scooter accident attorney can help you file a claim for:

• Head injuries
• Fractures
• Contusions and abrasions
• Dental injuries
• Internal injuries
• Sprains and strains
• Facial injuries
• Cuts and bruises

What to Do Following an E-Scooter Accident

Immediately after an accident while riding an e-scooter, there are important steps you’ll want to take to protect both your health and any potential legal claims with the help of a Chicago scooter accident lawyer:

• Seek Medical Treatment: Even if injuries seem minor, it’s crucial for your health to get checked out by a medical professional.
• Document the Scene: Take photos or videos of the accident site and any conditions that may have contributed (e.g., road hazards, or machine malfunctions).
• Obtain Witness Information: Collect Information from witnesses who can provide statements about what they saw during the accident. Names and contact details will be important so your electric scooter injury lawyer can follow up.
• Report the Accident: Ensure that the accident is reported to appropriate parties, which might include law enforcement, the e-scooter rental company if you were not riding your own, and your insurance provider. Obtain a copy of any reports filed.
• Preserve Evidence: Keep evidence such as your damaged scooter if possible or personal belongings affected by the incident.
• Avoid Admitting Fault: Be careful not to take responsibility or apologize for the accident; these statements could potentially be used against you later on.
• Contact Electric Scooter Accident Attorneys: Reaching out to a scooter accident attorney ensures you receive expert legal guidance to navigate the complexities of your case, helping you secure fair compensation for injuries and damages. An experienced attorney can effectively represent your interests, allowing you to focus on recovery while they handle the legal challenges.

Liability for Accidents Involving E-Scooters

Establishing liability for an e-scooter accident typically involves investigating who could be liable for the accident. Some of the most common parties an e-scooter accident lawyer can help you hold responsible include:

• E-Scooter Operator: If an individual riding an e-scooter is found to have been riding recklessly or violating traffic laws, they could be considered at fault for any damage or injuries caused.
• Drivers of Other Vehicles: Car and truck drivers can be liable if their actions contributed to the accident. This could include speeding, not yielding right-of-way, ignoring stop signs/lights, driving under the influence, or being distracted.
• Pedestrians: In certain cases where a pedestrian acts carelessly—suddenly stepping out into traffic or jaywalking without looking—pedestrians can bear some responsibility for causing accidents with scooters.
• E-Scooter Companies: If inadequate maintenance leads to malfunctions that cause accidents, the fault may rest with e-scooter companies that provide rentals.
• Manufacturers: If an investigation shows that a scooter’s design or manufacturing defect caused the accident, the maker of that scooter can be held liable under product liability law for the defective scooter causing an accident.
• Municipalities/Government Entities: These parties may be responsible if poorly maintained roads or lack of proper signage contributed to the accident.

There are other parties that could be liable for e-scooter accidents, as this is not an exhaustive list. If you’ve been in an e-scooter accident and are unsure about the liable parties, a Chicago scooter accident lawyer from our team is here to help.

You Have Limited Time to Take Legal Action

In Chicago, the statute of limitations for filing a personal injury lawsuit, including claims involving scooter accidents, is generally 2 years from the date of the accident. However, there are exceptions that can shorten or extend this deadline.

For example, if a government entity is liable, it will shorten the deadline, and other requirements must be met before a lawsuit can be filed.

If someone under the age of 18 is injured, the deadline is extended: the clock doesn’t start running until they turn 18, meaning they have until their 20th birthday to file a claim.

It’s always best to confirm current deadlines with a Chicago scooter accident lawyer, as they can change. If you fail to file on time, you will lose out on your chance to recover fair compensation.

Contact a Chicago Scooter Accident Attorney Today!

At Rosenfeld Injury Lawyers, we are focused on helping e-scooter accident victims get the justice and maximum compensation they deserve so they can recover from the potential lifelong consequences they got while riding an electric scooter.

If you or a loved one has been involved in a scooter accident in Chicago, it’s important to understand your legal rights and options. Navigating the aftermath of these accidents can be complex when it involves negotiating with insurance companies or pursuing compensation for injuries.

Reach out today to schedule a free consultation with a Chicago scooter accident lawyer. Contact us via our online form or call us at (888) 424-5757.

Specific Cases We Handle

• Foot Injuries from Chicago Motorcycle Accident
• Chicago Motorcycle Accident Leg Injuries
• Motorcycle Helmet Laws by State
• Average Motorcycle Accident Settlement Amounts

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Evanston, Peoria, Schaumburg and throughout Illinois.

Resources: [1] Coolest Gadgets

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.