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.
