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New Jersey E-Scooter Injury Lawyer

It was not your fault.  People operating or riding E-scooters are entitled to the same respect, safety, and right of way under the law as others have while sharing a roadway.  You are not presumed to have done anything wrong or act negligently by the fact that you are operating or riding an E-Scooter.  An E-scooter operator or rider is given the same protection under the law as any other driver of a car, truck, bus, motorcycle, or bicycle rider from the acts of negligence and careless driving of another motorist.

Proving Who Is Liable to Pay Damages for Your Injuries

Proving who should be held liable for your injuries and losses will depend on what caused your crash:

If you are pursuing a personal injury claim against a driver who hit you, you will need to show that the other driver’s negligence or recklessness caused the accident. This means the driver operated his car, truck or bus in an unsafe or unlawful manner. Or the driver may have disregarded the risk that his or her actions would result in an accident and serious injury.

Similarly, you may need to prove negligence if you were injured in an e-scooter accident due to a defective or hazardous condition on a property, such as a pothole, loose manhole cover accident, or broken pavement. You will need to show that the property owner’s negligent maintenance caused the dangerous condition. This may include a city, county or state or local government responsible for a public street,  sidewalk, or a park owner responsible for the roadway or path.

Since these cases are often complicated and accident scenes change quickly, you should consult with an experienced personal injury lawyer as soon as possible.  Although there are many New Jersey accident lawyers that routinely handle car accident cases, few have experience handling car accident cases with an E-Scooter. Since 1981, our firm has been successfully advocating for the rights of accident crash victims throughout New Jersey. We have obtained over $500 million in settlements and verdicts for our deserving clients. With a legal team of more than 25 attorneys, we have the knowledge, experience, and resources to take on even the toughest cases.

If you were injured in an accident that occurred because your scooter was defective, you may be able to hold the manufacturer or retailer of the scooter responsible in a product liability claim. A product liability claim may allege that the scooter was defectively designed, manufactured, or marketed:

  • In a defective design case, you will need to prove that the risks of the E-scooters design outweighed its usefulness or that the scooter could have been designed in such a way to minimize or eliminate the risk of injury.
  • In a manufacturing defect case, you must show that the scooter deviated from the official design specifications when it was produced.
  • In a marketing defect or failure-to-warn case, you must show that the manufacturer or retailer of the e-scooter provided inadequate warnings or instructions regarding the use of the scooter and the risk of injury.

Evidence that you may need to prove liability in your e-scooter accident case includes:

  • Police accident reports
  • Eyewitness statements
  • Accident scene photos or video
  • Surveillance camera, traffic camera, dashcam, or helmet cam footage
  • Damage inspection reports
  • Accident reconstruction or engineering expert reports
  • Medical records from the treatment of your injuries

 At Davis, Saperstein & Salomon, P.C. we have the skills to investigate complex e-scooter accident cases. We will work quickly to identify all possible liable parties in your case.

Compensation for Your E-Scooter Injuries

If you were injured in an e-scooter accident caused by somebody else, the money you may be entitled to recover compensation for:

  • Pain and Suffering (there is no minimum or maximum amount you can be awarded)
  • Medical bills and rehabilitation expenses
  • Lost income when you miss work during your recovery from the accident
  • Loss of earning capacity due to temporary and permanent disabilities caused by your injuries
  • Loss of quality of life due to disabilities or permanent scarring/disfigurement
  • Additional physical pain and anguish caused by injuries and treatment
  • Emotional distress and trauma from the accident

Common Causes of E-Scooter Crashes in New Jersey

E-scooter accidents may be caused by other motor vehicles, defective or unsafe conditions or property, or defects in the scooter itself. Common causes of e-scooter accidents in New Jersey include:

  • Speeding motorists
  • Drivers following too closely
  • Distracted drivers, including when drivers text, eat, or drink behind the wheel
  • Drivers under the influence of alcohol and/or drugs
  • Drowsy or fatigued drivers
  • Drivers running stop signs and red lights
  • Drivers failing to yield the right of way
  • Drivers unsafely negotiating a turn or lane change, including by failing to signal or check mirrors and blind spots for an e-scooter rider
  • Drivers backing up in a parking lot or out of a driveway without looking back
  • Drivers passing too closely to an e-scooter
  • Inexperienced drivers
  • Negligently or defectively designed sidewalks, bike paths, roads, or intersections
  • Broken or uneven pavement on sidewalks or bike paths
  • Negligent maintenance of an e-scooter
  • Design or manufacturing defects in an e-scooter

 Common E-Scooter Injuries

 Unfortunately, an e-scooter rider faces a significant risk of suffering severe or life-threatening injuries in an accident. An e-scooter rider has little or no protection from injuries caused by an impact with a motor vehicle or after being thrown off the scooter in a collision. Common injuries suffered in e-scooter accidents include:

  • Road rash, abrasions, or lacerations
  • Broken bones
  • Dislocated joints
  • Ligament sprains and tears
  • Tendon and muscle strains and tears
  • Neck and back injuries
  • Whiplash injuries
  • Nerve injury
  • Herniated discs
  • Spinal cord injury and paralysis
  • Internal damage or bleeding
  • Head injuries
  • Facial injuries
  • Concussion or traumatic brain injury
  • Amputation

Depending on the severity of an e-scooter accident, the injuries suffered by a rider may ultimately prove fatal, giving rise to a wrongful death claim for surviving family members.

What to Do After an Electric Scooter Accident in New Jersey

If you have been hurt in an electric scooter accident in New Jersey, you should take the following actions to protect your legal rights:

  • Take down the contact and insurance information for any driver who may have been involved in the accident.
  • Ask for a copy of the accident report from responding law enforcement officers.
  • If possible, use your cellphone to take photos or videos of details of the accident scene. This includes vehicle damage, skid marks in the road, traffic lights and signs, lighting and weather conditions, and any visible injuries you may have suffered.
  • See a doctor as soon as possible and follow all treatment instructions and recommendations.
  • Keep copies of any bills or invoices from your medical treatment and other expenses you incur in your recovery. Also keep copies of your pay stubs or income statements and tax returns if you miss work or lose out on income due to your injuries.
  • Try to avoid social media during your treatment and while pursuing your claim for compensation. Insurance companies and defense lawyers often monitor injury victims’ accounts for posts they can use as evidence to attack the victim’s claims and credibility.
  • Speak with an experienced New Jersey e-scooter attorney to go over your legal options. An attorney from our firm can help you pursue the full compensation you need to recover from your injuries.

E-Scooter Laws in New Jersey

New Jersey legalized the use of e-scooters on public streets in 2019. State law defines an e-scooter, also called a “low-speed electric scooter,” as a scooter with an electric motor that can propel the device with or without rider assistance to a maximum speed of less than 19 mph. Under New Jersey laws, e-scooters are treated as bicycles. Riders under 17 must wear helmets, but riders are not obligated to have a license to operate the vehicles.

Contact Our New Jersey E-Scooter Lawyers Today

If someone else caused your electric scooter accident, you need to learn more about your legal rights and options. Contact Davis, Saperstein & Salomon, P.C. today for a free, no-obligation consultation with a New Jersey e-scooter lawyer. Our trusted personal injury law firm can help you fight for the fair financial compensation and justice you deserve.