As electric scooters become more common around St. Louis, so do electric scooter accidents. If you were injured while riding an e-scooter, we can help.
- You Need a Lawyer After an E-Scooter Accident
- E-Scooter Accident Liability: Who May Be Responsible
- St. Louis Electric Scooter Laws and Risks
- Compensation After an E-Scooter Accident
- What to Do After an Electric Scooter Accident
- Why You Should Contact a Lawyer As Soon As Possible
- FAQ
- There’s No Cost to Evaluate Your Case
You Need a Lawyer After an E-Scooter Accident
When an E-Scooter and a car or truck collide on the roadway, the E-Scooter and its rider, will always be the loser. It’s simple physics. Negligent parties and insurers are counting on your trauma to leave you in a vulnerable state so you’ll accept a lower payout on your claim.
Fighting their high-pressure tactics is exhausting. You should spend your time recovering from your injuries, not researching legal terms, gathering evidence, and fending off claims adjusters.
That’s why you should hire a personal injury attorney after an e-scooter accident. While you rest and recover, Fernandez Law will:
- Investigate the accident to identify all the parties who might be liable
- Gather and preserve evidence
- Deal with insurers and attorneys on your behalf
- Navigate the complexities of the court system, like filing the right paperwork on time and making arguments in court
Fernandez Law has fought to protect the injured for more than 30 years.
We know the ins and outs of the St. Louis legal system.
We know the tricks insurance companies like to use.
And we have a long track record of getting our clients the compensation they deserve.
E-Scooter Accident Liability: Who May Be Responsible
Depending on the circumstances of the crash, there might be more than one party responsible for your electric scooter accident.
Your lawyer will examine all the possibilities, increasing the chances you’ll get the compensation you deserve.
Possible Responsible Parties
- Other motorists may be liable if you were struck by their vehicle or if they caused the accident by their behavior, for example, if you swerved to avoid them.
- The rental company that owns a rented e-scooter can be held liable if scooter maintenance contributed to the crash.
- The e-scooter manufacturer may be liable if faulty parts played a role in the accident.
- Property owners and public agencies bear responsibility for maintaining a safe environment, free of hazards like potholes and loose gravel.
- The e-scooter driver may even be partially at fault—but they can still file a claim.
Missouri is a comparative fault state, which means you can claim compensation for any portion of the accident that was not your fault.
St. Louis Electric Scooter Laws and Risks
In St. Louis, most of the laws that apply to drivers of other vehicles also apply to drivers of electric scooters, such as obeying traffic signals and not driving impaired.
St. Louis County requires helmets for e-scooter riders younger than 17. In the city of St. Louis, helmets are required for riders of all ages.
E-scooter riders must obey these additional rules under city ordinance:
- No more than one person can ride an electric scooter at a time.
- E-scooters are to be driven as far to the right of the lane as safely possible.
- When turning left, an e-scooter rider should stop, dismount, and walk the scooter across the street instead of riding across lanes of traffic.
- E-scooters are prohibited on sidewalks and highways.
- Riders must have at least one hand on the electric scooter’s handlebars at all times, and the handlebars must be no higher than the rider’s shoulders.
- The speed limit for e-scooters is 15 mph.
Violating any of these regulations is punishable by a fine of up to $500 or by up to 90 days in jail.
However, violating the law does not prevent you from getting legal compensation in a crash. If you were injured in an e-scooter accident, you can file a claim even if the accident was partly your fault.
Local Risks for E-Scooters in St. Louis
When riding an e-scooter in St. Louis, be aware of the city’s unique risks.
High-traffic neighborhoods like downtown and Midtown can be dangerous for drivers of small vehicles like e-scooters. It’s important to stay alert and drive defensively.
Missouri’s freeze-thaw cycle leads to “pothole season” in the winter and spring. Be especially aware of your environment in those months.
We’re a local team who knows St. Louis.
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Compensation After an E-Scooter Accident
After an e-scooter accident, you can file for two types of compensation.
Special damages are specific financial losses, like bills or lost wages.
General damages are dollar amounts assigned to intangible losses like pain and suffering.
If the court finds the accident involved gross negligence, you may also receive punitive damages, essentially a fine to punish the negligent party.
The damages most commonly awarded to people injured in an e-scooter accident include:
- Medical expenses. This can include past medical expenses as well as anticipated future expenses if you require ongoing treatment for your injuries.
- Lost wages or earning capacity. Lost wages compensates you for any time you had to take off from work because of your injury. You can claim lost earning capacity if your injuries limit your ability to return to work.
- Pain and suffering. You can claim compensation for the physical pain of the injuries you suffered and for emotional trauma.
- Rehabilitation. If your recovery includes physical therapy, occupational therapy, or counseling to recover from the trauma, you can claim these costs as special damages.
- Property damage. You are entitled to recover the value of any possessions lost or damaged in the crash, including the scooter, your helmet, your clothes, and your phone.
Other general damages. In severe cases, an injured person may claim damages such as permanent disability, disfigurement, or the loss of enjoyment of life.
What to Do After an Electric Scooter Accident
After an accident, emotions are high. Don’t allow yourself to be pressured into any decisions.
Do:
- Get immediate medical attention, even if you don’t think you’re hurt. Some injuries, including head trauma, orthopedic injuries, and internal bleeding, may not show immediate symptoms.
- Take photos and videos of the scene, if you are able. Include images that show the lighting, visibility, road condition, signage, skid marks, and any vehicles involved.
- Get the names and contact information of bystanders who witnessed the accident.
- Report the accident to police, even if it was minor. Insurers often require a police report to begin a claim.
- Notify your insurer. If the e-scooter was rented, also notify the rental company. DO NOT explain what happened or admit fault. Simply report the date, time, and place of the accident and list any known damages. Decline to answer further questions.
- Track all expenses related to the crash: medical bills, the cost of taking a different mode of transportation, lost wages, etc. Keep receipts.
Don’t:
- Don’t throw anything away. Broken scooter parts, torn clothes, a cracked helmet, or other damaged items may later be used as evidence.
- Don’t admit fault, even if you think you caused the accident. You might not be aware of all the factors involved.
- Don’t offer explanations or apologies to insurance companies, the rental company, or any other people involved. Those statements made in the moment might later be turned against you in court.
- Don’t accept any offer of compensation before consulting with a lawyer to make sure it’s fair.
Why You Should Contact a Lawyer As Soon As Possible
Reach out to Fernandez Law as soon as possible after an e-scooter accident. The longer you wait, the harder it will be for the lawyer to get you the compensation you deserve.
Over time, evidence is lost or deteriorates. Witnesses forget details and become hard to track down. And official records become harder to collect.
There are also statutes of limitations on filing a personal injury claim. In the state of Missouri, claims must be filed within five years. If you have a claim against a city department, however, you may have as little as 90 days.
FAQ
Can I still file a personal injury claim in an e-scooter accident if I wasn’t wearing a helmet?
Yes. Even though St. Louis law requires helmets, the law does not prevent you from filing a lawsuit.
Can I get compensated for my injuries in an e-scooter accident that was my fault?
Yes. Under Missouri’s comparative fault statute, you can still claim damages, the amount is just reduced.
Does signing a rental scooter waiver mean I can’t sue if I’m hurt in an accident?
It depends. A waiver may limit some claims, but such waivers are often challenged in court. If there was some degree of third-party negligence, there may still be a basis for a claim.
Is there a deadline to file a lawsuit if I’m hurt in an e-scooter accident?
Yes. Missouri state law gives you five years from the date of injury to file a personal injury lawsuit based on negligence. If the negligence results in death you may only have 3 years to file your lawsuit. If you have a claim against a public department in the City of St. Louis, you have 90 days from the date of the accident to notify the city.
Will insurance cover injuries from an e-scooter accident?
Not always in full. Insurance companies are in business to turn a profit, and they do that by paying out as little as possible in claims.
Your best chance at getting maximum compensation for your injuries is working with a personal injury lawyer who has experience fighting insurers’ tricks.
There’s No Cost to Evaluate Your Case
If you or someone you know was hurt in an electric scooter accident, reach out to Fernandez Law to schedule a free case evaluation.
Our caring team of experienced legal professionals will listen and evaluate the details of the accident to give you an honest assessment of your options.
If you have a case, you are under no obligation to move forward unless you want to. If you do hire us to represent you, there’s no fee unless we win.