Who to sue for an electric scooter accident in San Diego?

New roads; new ruts.

-G.K. Chesterton

Who to sue depends on the type of accident and the type of scooter.

The success of any lawsuit, however, depends on whether there’s liability and liability insurance.

San Diego scooter car accidents

If you’re hit by a car while riding a scooter, you could sue the driver of the car. There’s a strong chance the driver is liable for failing to follow the rules of the road.

Get the driver’s name and insurance information. At a minimum, get the license plate number. Call the police and get the names of any witnesses. The driver should have liability insurance under their auto policy.

San Diego scooter pedestrian accidents

If you’re walking and a scooter hits you, you could sue the rider of the scooter. There’s a good chance they’re liable. They could have liability insurance under their homeowners, renters, or condo policy.

Identify who the rider is: you at least need a name and number. Take a photo of their drivers license if you can, or call the police and ask the rider to stay put. If you can’t identify them you can’t sue them.

San Diego scooter crash

If you’re riding a scooter and hit a pothole, you could sue the City of San Diego. The City of San Diego is liable for dangerous conditions on its roads. If you crashed your scooter because of a dangerous condition on a San Diego road, consider filing a government tort claim. Here’s how: How to file a claim against the City of San Diego.

San Diego scooter accidents

If you’re riding a scooter and another scooter rider hits you, consider suing that rider. But make sure they, not you, were responsible for the accident. If they were liable, then you could recover under their liability insurance.

Know that California Vehicle Code 407.5 and 21235 should apply.

San Diego Bird scooter accidents

If the Bird scooter malfunctioned, you could sue Bird Rides, Inc. To do so, however, you must present a products liability claim. They’re difficult. Here’s a helpful blog: Who to sue in a products liability action?

Be aware that Bird is taking the position that they’re not liable under the indemnification provision it inserted it its “agreement” with its users.

San Diego Lime scooter accidents

If the Lime scooter malfunctioned, you could sue Lime. Just like Bird, you must present a products liability claim. They’re difficult. Here’s a helpful blog: Who to sue in a products liability action?

Questions? Contact Evan Walker today at (858) 324-6606 for a free consultation.

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He is licensed to practice in California, Connecticut, and Louisiana. His entire practice has been in litigation.

Evan is from a small town outside of New Orleans. He attended law school in New Orleans, which was interrupted by Hurricane Katrina. After evacuating to Houston, Evan graduated in 2008 as part of the ‘Hurricane Katrina Class.’

After graduation, Evan worked for a New Orleans insurance defense firm. He defended insurance companies against Hurricane Katrina lawsuits brought by homeowners and business owners.

In 2010, he and his wife moved to New Haven, Connecticut, so his wife could complete a medical residency at Yale. During the next few years, Evan worked for Travelers Insurance Company defending countless personal injury lawsuits.

In 2014, he moved to San Diego so his wife could complete a medical fellowship at UCSD. He then opened his own firm to represent people after years of defending insurance companies.

Evan is a Featured Faculty at Attorney Credits, a CLE company, and a regular contributor to various podcasts and publications. He has also been interviewed by San Diego television stations about his cases and practice.

Evan spent almost a decade as a defense attorney who defended insurance companies from personal injury and property damage lawsuits. He knows how insurance companies bully people and deny claims. And he knows how to fight them.

Bar Admissions: California Connecticut (inactive) Louisiana (inactive)

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