The Dangers of Electric Scooters
Although many people believe they are safe, electric scooters (or e-scooters) can lead to fatal accidents. A recent accident occurred in Oregon, where a man who was riding on an electric scooter was the victim of a fatal crash. He was riding the scooter in the bicycle lane on the east side of the road when a vehicle decided to pull out of a parking lot at the same time.
As the car turned, the man tried to stop the scooter, but sadly he was ejected from the handlebars of the scooter and ended up stuck under the vehicle. Medics rushed him to the nearest hospital, but he succumbed to his injuries.
In recent years, the popularity of electric scooters continues to rise. Because many people find them convenient and easy to use, it is no surprise to see people on e-scooters traveling from home to work, running errands, or just for fun. With the growing rise of popularity, however, comes an increase in accidents. Between the years 2017 and 2019, there were an estimated 50,000 emergency department visits and 27 fatalities that occurred from e-scooter accidents.
Poor policies lead to damaged and defective electric scooters
One factor that has led to the increase in e-scooter accidents is the amount of damaged and/or defective e-scooters in use. Electric scooter companies such as Bird or Lime usually employ local residents who are responsible for collecting as many scooters as they can find and charging them overnight with the equipment that the company provides. Once charged, the residents return scooters to their designated areas for use the next day.
While the business model is practical, many companies have been quite negligent in the maintenance of the e-scooters. Companies like Bird and Lime have failed to perform adequate quality control on most, if not all, of their e-scooters to make sure they are not defective or in disrepair. They’re not always checking to make sure the electric scooters are returned correctly, and it’s possible that the devices are then subjected to people kicking them, or pushing them out of the way. Due to the company’s indifference, riders may find themselves traveling on broken scooters, which could open these companies up to product liability lawsuits, depending on terms of the usage agreement.
Scooter drivers may be responsible, too
While scooter companies should be held liable for neglecting to maintain their scooters, the companies have tried to shift blame and responsibility onto the scooter riders for failing to follow the company’s policies. In some cases, the companies are correct: people who disregard local ordinances concerning where the e-scooters can be ridden are putting themselves and others at risk.
Negligent e-scooter riders also owe a duty of care to those with whom they share the road. If a person is cutting across traffic, riding in the middle of the street instead of in a bike lane, riding while distracted by a phone, or otherwise engaging in risky behaviors, it puts everyone at risk. Pedestrians are especially susceptible to injuries from e-scooters, as riders may hit them as they pass, or force pedestrians into roadways with moving traffic. They can also cause them to trip, slip, or fall.
Who is liable in an e-scooter accident?
It depends. If an e-scooter rider was ignoring the rules of the road, then he or she may be liable for any injuries another person receives. If a driver was behaving negligently and hits a scooter, the driver may be liable. If the e-scooter itself was defective or poorly maintained, the company which owns and rents out the e-scooters could be liable for damages.
One thing riders should know is that an insurance company may refuse to pay for the accident on the grounds of vehicle classification. While the state of Maryland classified electric scooters as their own class of vehicles in 2019, insurance companies do not always provide coverage for vehicles such as electric scooters. In the battle between the scooter company, the insurance company, and the rider, the rider will most likely end up responsible for paying the damages.
Contact a Maryland attorney if you’ve been injured in an e-scooter accident
Have you suffered an injury in a Maryland electric scooter accident? Did the scooter you were using malfunction because of a defective part? You deserve to be compensated for your injuries if another party was negligent. Call the office of Plaxen Adler Muncy, PA at 410-730-7737, or complete a contact form to schedule a consultation.
Bruce Plaxen was honored as the 2009 Maryland Trial Lawyer of the Year by the Maryland Association for Justice, and assists victims of personal injury, car accidents and medical malpractice throughout the state. For more information on his legal background, please visit his attorney bio.