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 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.