Electric Scooter Accident Attorney New York

Electric Scooter Accident Attorney New York

Steven Schwartzapfel -Founding Partner Oct 30, 2022

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

One of the most novel and maneuverable ways to get around the Big Apple’s busy streets is to ride on an electric scooter. Also called e-scooters, electric scooters are increasingly popular among the city’s working class and young people.

Unfortunately, the possibility of getting into an electric scooter accident in NYC is all too real. As such, it is something that all city travelers should be prepared for.

If you or a loved one have been injured in such an accident, you can protect yourself legally, financially, and otherwise by contacting knowledgeable attorneys like Schwartzapfel Lawyers, who will discuss your options with you and develop a sound legal strategy going forward.

Don’t wait! Your future is too important to leave to chance. Instead, act now and call Schwartzapfel Lawyers at 1-516-342-2200!

E-Scooter Accidents in New York

Ever since the introduction of e-scooter rideshare companies and services, electric scooters have become more and more popular. These maneuverable two-wheeled vehicles allow people to quickly get from place to place without having to own a car or rely on a traditional bicycle.

Unfortunately, the frequency of e-scooter accidents has risen as more people have taken to riding them. Not only has this resulted in an increase in emergency room visits for those who utilize them in New York City, but the CDC has also reported that electric scooter-related injuries have increased nationwide in recent years.

That’s partially because electric scooters, for all their functionality and versatility, don’t do much to protect their occupants. If you or a loved one are involved in an auto accident while riding an e-scooter, you could be at risk of severe injuries.

Injuries From E-Scooter Accidents

Riding an e-scooter is a lot like riding a motorcycle in that you must adhere to various safety requirements and regulations to use these vehicles legally. These regulations include but are not limited to:

  • Wearing a helmet
  • Stopping at all red lights and stop signs
  • Staying off the sidewalk
  • Yielding to pedestrians

Still, even by following the rules of the road, you may find yourself involved in an electric scooter accident with another vehicle, pedestrian, or even another e-scooter. Some of the most common injuries from e-scooter accidents include:

  • Concussions and/or other traumatic brain injuries (TBIs)
  • Head and neck injuries (e.g., whiplash, herniated discs)
  • Spinal cord injuries, which can lead to paralysis
  • Broken bones (e.g., arms, legs, hands, feet)
  • Lacerations that, depending upon the placement and severity of the injury, may qualify as significant disfigurement (e.g., facial injuries that result in heavy scarring)
  • Burn injuries
  • Internal bleeding and/or organ damage

Worth noting, too, is that many of these injuries require exorbitant medical expenses as well as additional costs involving physical therapy, ongoing medication, and more. On top of that, accident victims often find that they can’t return to work and recover from their injuries at the same time, which can lead to further financial strain.

In such circumstances, e-scooter accident victims may have no choice but to file lawsuits against the at-fault parties in order to recover sufficient compensation so that they may stabilize their financial situations and, in turn, focus on what’s most important: getting better.

To learn more at no charge, call Schwartzapfel Lawyers now at 1-516-342-2200.

Causes of E-Scooter Accidents

Electric scooter accidents can be caused by a variety of factors and actions. Negligence, of course, can cause or exacerbate these accidents, such as not paying attention while on the road.

The most common causes of e-scooter accidents in New York City and beyond include:

  • Inattentive driving (e.g., texting while driving)
  • Reckless driving (e.g., speeding)
  • Driving in inclement weather
  • Riding an electric scooter on the sidewalk
  • A lack of protected lanes for e-scooter riders
  • Failing to yield the right-of-way
  • Electric scooter defects and/or mechanical failures
  • Illegal lane changes
  • Potholes and/or other hazards in the road (e.g., loose construction debris)
  • Driving under the influence of drugs and/or alcohol
  • And more

Note, too, that, as electric scooter accidents can be caused both by other individuals as well as the riders of e-scooters themselves, riding an e-scooter properly and safely can be more trying than you might first imagine it to be. Because of this, even when driven in accordance with the rules of the road, e-scooters can cause serious, and potentially deadly, accidents.

The Difficulty in Recovering Damages for Electric Scooter Accidents

While it’s possible to recover damages for injuries from an e-scooter accident, it can be very difficult. Generally, you can sue two groups of negligent or at-fault parties.

Recovering Damages Against E-Scooter Companies

Some electric scooter riders may try to sue e-scooter companies or manufacturers. For example, if you are riding an e-scooter and a tire blows out, or the motor fails at a critical moment, you might have grounds to file a lawsuit against the electric scooter manufacturer for giving you a bad product.

Similarly, you may have grounds to file a lawsuit against an electric scooter rideshare company, as these companies owe a duty of care to ensure that each of their scooters, if available for rent and/or purchase, is functioning properly and is safe to use. Accordingly, should you rent one and find this not to be the case, and if you are injured as a result, then you could take the responsible company to court to recover compensation.

This tactic, however, can be difficult to litigate. The reason for this is that electric scooter rideshare companies commonly try to put the blame on the injured party, such as yourself or a loved one. They may also attempt to absolve themselves of responsibility by pointing out that the bike manufacturer was the party ultimately responsible for the accident that occurred and the injuries it caused.

For more on this and related topics, contact Schwartzapfel Lawyersonline or at 1-516-342-2200.

Recovering Damages Against Drivers or Pedestrians

In the event that you or a loved one are involved in an electric scooter accident in NYC, you may also be able to recover damages from auto accident drivers, pedestrians, and/or other electric scooter users.

That said, New York is a no-fault state. That means you cannot usually sue and recover damages from a guilty party in an auto accident, even if your injuries are costly. Certain exceptions do exist, however, such as when accident-related injuries are severe or debilitating in some way.

In any case, you’ll need to prove negligence on behalf of another party. This involves proving that:

  • The defending party had an obligation or duty of safety to you (all drivers and roadways users have this by default)
  • The defending party knew of this obligation
  • The defending party knowingly or ignorantly acted contrary to it
  • That negligent behavior then led to your injuries

Note: This often requires you to gather extensive evidence, work with knowledgeable attorneys, and spend a lot of time putting together an airtight case.

How Attorneys Can Help with Your Lawsuit

Fortunately, you can recover adequate damages to pay for medical bills and more with the right legal team fighting for you. When you hire Schwartzapfel Lawyers, you’ll get experienced legal representatives who operate on a contingency fee basis.

In a nutshell, you won’t have to worry about paying us a dime unless we first recover damages through your lawsuit or settlement. That way, you can focus on keeping your finances intact and stable while we put together a case that works for your needs.

On top of that, we can assist with your lawsuit in various ways once you contact Schwartzapfel Lawyers for a free case evaluation at 1-516-342-2200.

File Paperwork Quickly

Additionally, our team will ensure that all paperwork is filed properly and that your lawsuit application is submitted before the statute of limitations expires. Note: In New York State, this is three (3) years from the date of your accident (or when you noticed any injuries from the incident).

Filing paperwork quickly and accurately is vital to seeing that your lawsuit has the best chance of succeeding and, with that, securing you the maximum compensation.

Gather Evidence

Moreover, the experienced electric scooter attorneys at Schwartzapfel Lawyers can effectively gather evidence on your behalf that can later be used to mount your case in court. For example, we can contact police departments to recover police reports, acquire traffic camera footage, gather eyewitness accounts, and even speak to medical professionals about the nature of your injuries and where they came from.

What’s more is that we can do all this legwork while you recover from your injuries and focus on spending time with your family and friends.

Negotiate With Insurers

In many cases, insurance companies will fight tooth and nail to avoid paying settlements to accident victims such as yourself or a family member. You should know, though, that you don’t have to negotiate with these companies while you recover. Instead, our lawyers can do it for you. We know the most effective arguments, understand New York law inside and out, and won’t rest until you get what you need and are entitled to.

As well, we can fight insurance companies that try not to pay you what you’re owed. This is highly important in cases involving electric scooters and motorcycles, given the higher average assumption of risky behavior associated with these vehicles.

Fight for You in Court

Most importantly, we will fight for you day and night, rain or shine, in both the courtroom and beyond. At Schwartzapfel Lawyers, each of our clients becomes part of a big family, and we care for each family member.

Compensation for E-Scooter Accident Injuries

Should your electric scooter accident lawsuit be successful, you could recover compensation for:

  • Your past and future medical bills
  • Lost income from time spent away from work
  • Loss of ability if your injuries were debilitating or paralyzing in nature
  • Costs associated with physical therapy and other rehabilitative measures
  • Damaged and/or lost property
  • Pain and suffering

With all that in mind, you should know that maximizing your compensation is contingent on you hiring the right legal representatives to put together a stellar case.

Contact Schwartzapfel Lawyers Today

No matter your situation, if you are injured in an electric scooter accident in New York State, you must protect yourself – physically, financially, and legally. Moreover, you may be entitled to damages to cover your medical bills and other accident-related costs. Fortunately, Schwartzapfel Lawyers is ready and willing to assist with your case and all of its details.

Our award-winning team of attorneys comes equipped with more than 150 years of collective experience in handling all manner of motor accident cases in New York City and beyond. So, please, don’t go to court alone. Instead, allow us the honor and privilege of fighting for you by contacting us today at 1-516-342-2200 for a free case evaluation, consultation, and more!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You

Electric scooters, mopeds causing more ER injuries in NYY | NY Post

Characterization of Dockless Electric Scooter Related Injury Incidents – Austin, Texas, September-November, 2018 | Attending EIS Conference | Epidemic Intelligence Service | CDC

Statute of limitations | Wex | US Law | LII / Legal Information Institute

WordPress Image Lightbox