Can a San Diego scooter rider be compensated for a brain injury caused by crashing into a curb?

California – June 7, 2021

A 28-year-old man fell on his head in downtown San Diego when his scooter crashed into a curb.  He suffered life-threatening head injuries when the crash occurred while he was riding a Bird Scooter on Seventh Avenue, crossing F Street, according to the San Diego Police.  He was transported by paramedics to an area hospital with life-threatening injuries.  In California, a motorized scooter is defined as a vehicle that has:

• Two wheels
• Handlebars
• A floorboard that can be stood upon while riding
• A motor that powers the vehicle
• In California, a seat for the operator is not part of the definition, but a motorized scooter may have one.

No registration, no insurance, licensed to drive.

Individuals can operate a scooter with any class of driver’s license in California, and do not require insurance. Motorized scooters are legal for street use, but they do not need to be registered with California DMV, or have license plates.  Drivers must be aware of, and obey the same traffic and safety laws as other motor vehicles.  After an accident on a scooter where the driver suffers traumatic brain injury, a personal injury attorney may assist in damage recovery if fault for the accident can be shared, or shifted to another party whose actions, or lack of actions caused the crash.  

Scooter-specific rules.

California mandates several scooter-specific restrictions for riders.  They need to wear a helmet in accordance with U.S. Department of Transportation laws and they should not be driven on roads with a higher speed limit than 25 miles per hour unless there is a bike lane.  Motorized scooters should not be driven on sidewalks and they should not carry passengers, or travel faster than 15 miles per hour on roadways.    

Liability.

Compensation for medical bills, property replacement and other losses after a scooter accident can fall onto other individuals who may be at fault to include:

• Vehicle drivers
• Electric scooter operators
• Scooter rental companies
• Electric scooter manufacturers
• Scooter maintenance companies
• Government entities who maintain roadways

A skilled California attorney can review a case of scooter accident injury to see if the victim has a claim, and help determine named parties to a potential lawsuit, or insurance claim for damages.  The Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of traumatic brain injury (TBI), resulting in hospitalization.  An accident attorney can answer questions regarding options for compensation of injuries and related expenses after a scooter crash.

Damages award. 

Blunt trauma is a serious type of head injury that can occur when a moving head strikes a stationary object like the sidewalk.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.  If the personal injury attorney is successful with insurance carrier communications after identifying at fault parties, a claim award will address the victim’s losses that have been identified in the insurance claims, or civil action documents.  

Hire an attorney. 

Seek legal counsel immediately after a scooter crash involving physical injury.  An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning personal injury case against any negligent parties, and assist victims with insurance claim submission.   

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650 

San Diego, CA 92101 

Phone: 619-233-8021 

Fax: 619-233-3730 

Sources:

https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/motorcycles-mopeds-and-scooters/