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 has practiced law throughout California, Connecticut, and Louisiana.

Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.

Evan’s practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.

Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.

Associations:

  • Member, State Bar of California
  • Member, San Diego Bar Association
  • Member, Consumer Attorneys of California
  • Member, Consumer Attorneys of San Diego
  • Member, La Jolla Bar Association
  • Member, La Jolla Village Merchants Association
  • Member, San Diego Chamber of Commerce