An e-scooter provides a convenient and fun source of transportation for many. Yet those who own and ride these vehicles frequently are just as vulnerable to accidents as bicyclists. In 2024, more people than ever will rely on e-scooters for transportation. If you own this specific type of vehicle and are in an accident, contact a DC e-scooter accident lawyer immediately.
An effective DC e-scooter accident lawyer who routinely represents clients in motor scooter-related personal injury cases understands the trauma these accidents can cause and wants to help as much as possible. By entrusting your claim to a legal professional, you are showing the individual who hit you that your injuries are serious. The damages you could win should cover all healthcare expenses related to the case, including physical therapy and trauma counseling. Call Gelb & Gelb, P.C. to learn more about your rights and options for compensation.
E-scooters and Vespas are not considered vehicles as they are personal mobility devices. However, they still cannot be operated by anyone under 16. Riders are not required to wear helmets in D.C., though helmets are strongly recommended for anyone on a scooter, Vespa, bike, or motorcycle. Personal mobility devices are allowed in bike lanes and sidewalks, though sidewalk riding is prohibited in the Central Business District.
D.C. laws also state that scooter and Vespa drivers do not require licenses or insurance to operate their vehicles, but must obey all applicable traffic laws. They must also refrain from riding over 10 miles per hour and are encouraged to use both hands while operating their vehicles. Individuals who follow these rules but still get into accidents should speak with motor scooter attorneys as soon as possible.
Under § 50-2201.02(6A)(A) of the Code of the District of Columbia, an “electric mobility device” means a device weighing less than 75 pounds that has an electric motor, is solely powered by the electric motor or human power, is designed to transport only one person in a standing or seated position, where the rider is not enclosed; and is no greater than 24 inches wide and 55 inches long. The typical Lime or Spin scooter you see in Washington, DC, matches this description. This Section of the DC Code governs your usage.
Personal mobility device riders who get struck by other vehicles, such as cars, trucks, buses, and motorcycles, can sustain a wide variety of serious injuries. Among the most common forms of physical harm are:
Depending on the nature of the accident, scooter, and Vespa accidents can also have fatal consequences and require surviving family members to file wrongful death claims with legal professional assistance.
A DC e-scooter accident lawyer can guide you through the complexities of the case, simplifying the nuances so your focus can remain on your physical recovery. An e-scooter accident case is often more difficult to pursue than a motor vehicle case. We say that not to discourage you from pursuing your rightful compensation. Rather, it is important to appreciate this to understand why you may need a DC e-scooter accident lawyer. In the typical motor vehicle accident case, the property damage to both vehicles tells a story. For instance, if there is damage to the rear of your vehicle and to the front of the vehicle that hits you, a jury can infer that you were rear-ended. But what if you are on an e-scooter, and the damage to the car that hits you is on the side? Then, it is less intuitive.
Proving liability in an e-scooter accident is an essential part of your claim. This involves accumulating the necessary evidence and displaying the evidence to the adverse insurer, judge, or jury in a way that is convincing. Further, a DC e-scooter accident lawyer will help hold the defendant and their insurance provider accountable. Insurance companies are notorious for evading making payments whenever possible. If there is a loophole, they will find it and look to exploit it. Fortunately, Gelb & Gelb’s attorneys have been facing off against insurance companies since our founding over 70 years ago. The legal landscape in Washington, DC, is competitive. We have earned a reputation for being tough on the insurance companies, fighting so you recover every bit you deserve for your injuries.
Before discussing compensation available to an e-scooter accident victim, we must verify that we have successfully proved liability by a preponderance of the evidence. Only then do we begin to discuss the value of your case. Below, we discuss the types of compensation that may be available to you:
As an accident victim who has successfully proven negligence on the defendant’s part and survived all potential defenses, you may be entitled to medical expenses. These expenses must be causally related to your electric scooter accident. The defense may try to argue that these expenses must be reasonable. In practice, the most common issue with recovering medical costs is when the treatment is not actually necessary because of the scooter accident. For example, if you go to the doctor six times but three times, you are being treated for something unrelated to the accident. In that instance, those medical expenses are likely unrecoverable.
Lost wages are generally recoverable with help from a DC e-scooter accident lawyer, so long as your doctor excuses you from work. If not, you may still be able to recover for time missed from work if your missed time corresponds with a doctor’s appointment. In that instance, you may be entitled to compensation for up to three hours missed.
This is non-economic or general damage. If you break a rib from an electric scooter accident, your quality of life will be reduced for months. You will have more difficulty sleeping, breathing, sitting, standing, walking, and enjoying other parts of life because of your pain, causally related to the accident. You are entitled to compensation for this pain.
It should be no surprise that you are not responsible for the property damage to your electric scooter if you did not cause the accident. Although, if you rent the scooter from Lime Scooters, Bird Scooters, Uber, Lyft, DC Scooter, or some other company, they may ask for immediate reimbursement for damages even though you are not responsible. When this happens, it is best to consult with a DC e-scooter accident lawyer to discuss your options.
Punitive damages are typically only available in Washington, DC, if the defendant meant to hit you with their vehicle. This is rare and difficult to prove, though it does happen. If it does, contact a DC e-scooter accident lawyer immediately.
Our office has handled scooters since the 1950s. Of course, we have become busier as electric scooters have become more popular than traditional scooters. Electric scooters provide a useful way of getting around the city. However, this does not come without risk. When you have a case against a negligent third party for an e-scooter accident, it is understandable to have questions. We answer the most commonly asked questions here.
Yes, you can ride an e-scooter on the sidewalk in Washington, DC. However, there are two exceptions. First, you may not ride your e-scooter on the sidewalk while wearing a headset, headphones, or earphones—unless the device enhances your hearing or only covers one ear. Second, you cannot ride your electric scooter in the Central Business District of Washington, DC. The Central Business District is defined in Section 9901 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR 9901). It is bounded by 23rd Street NW, Massachusetts Avenue NW/NE, 2nd Street NE/SE, D Street SE/SE, 14th Street SW/NW, and Constitution Avenue NW.
The answer is that it depends. There are instances where you, as the scooter rider, are at fault and times when the pedestrian, car, or truck is at fault. Your best bet is to speak with an e-scooter accident attorney in a free case consultation. The rules governing negligence in DC are complex. For example, if you are even 1% negligent in causing the accident, even if the other party holds 99% of the responsibility, this can be enough to end your case. At the same time, some exceptions may permit you to recover. Also, is your 1% negligence the proximate cause of the accident?
For example, you are negligent if you are riding in the Central Business District on the sidewalk. However, that is not necessarily related to your accident. Moreover, while the DC laws may apply, it may be advantageous to file your lawsuit in Maryland or Virginia instead of the DC courts.
You should take several steps if you are hit by a car while riding an electric scooter like Lime, Lyft, Spin, or Veo. In general, the more information you collect, the more we will have to work with while building your case. You may already understand what steps to take if you are in a car accident. The steps are almost exactly the same when you are in a scooter accident. You should collect the name and contact information of the other party. You should record their license plate information and insurance policy if they are in a vehicle. It is not unusual to neglect to do this. However, a failure means we have no one to sue.
You should also contact the police and report the accident. They do not always come to the scene. There have been many times when the Metropolitan Police Department has been underresourced. However, it is always worthwhile to call. If they do come, they may act as unbiased witnesses that the accident occurred. Why would this be important? Typically, the property damage to your car or truck matches the damage to the negligent driver. However, this is not always the case in a scooter accident, where you may not own the scooter, or there may not be much damage done to the other vehicle.
Once you collect all the necessary information, seek medical treatment and consult an attorney for the next steps for your case.
This is a much more difficult case to pursue. The biggest problem you will encounter is finding a source of recovery. The second issue is that you have a legal duty to yield to pedestrians, even when legally riding on the sidewalk. However, for the purposes of this question, let’s assume that we can prove liability. In some instances, such as when a pedestrian walks directly in front of you at the last moment, leaving you no time to stop, the pedestrian is liable. Moreover, we would need a strong witness to corroborate your version of events or video footage. But with this vital information, the question becomes whether we can recover a judgment we win at trial. The answer is probably no.
Thus, it may not be worth filing the lawsuit. Although, there are instances where a higher net worth individual, who is a pedestrian, negligently or intentionally causes your injury. If the act is intentional, then your case is worth even more than if it is mere negligence. Because insurance will likely be unavailable, we must rely on the party having liquid assets. Our office can perform an asset check. While this can be costly, it is worth it if the severity of your injury warrants it.
It is important to remember that the policies for riding these scooters are subject to change. While insurance is not currently available for getting in a scooter accident, there may be in the future or with a different company.
Unfortunately, you will run into the same issues if you crash with another scooter rider as you would if you crash with a pedestrian. Like you, the other scooter rider will not have insurance for their ride. Theoretically, it is possible that the rider has insurance if they own their scooter. However, this is highly unlikely. As it is possible, you should ask the rider if they have insurance for their scooter. You may remind them that they must turn over that information when they are in an accident in Washington, DC. However, it is highly likely that the rider does not have insurance. When they do not have insurance, it is probably not worth your time to sue the other rider. In the vast majority of instances, the liable party does not have sufficient assets to cover your damages.
Our attorneys are happy to discuss your options, but they likely do not include suing the other rider. Even if we are successful, collecting on a potential judgment can be costly and still result in no ultimate recovery.
You probably will not be successful if you sue the District for a pothole causing your crash. While the District may share some blame in causing the accident, there are a couple of issues you will encounter. First, we do not necessarily know how long the pothole has been there. While we may be able to uncover this information, you will face more issues in this particular case that make your efforts not worthwhile. For example, you will likely encounter a contributory negligence defense. While this is not the law in all jurisdictions, it is in Washington, DC. This may be why you read different things online regarding pothole liability. However, this is the law in DC.
This rule states that you are barred from recovery if you are even 1% negligent in causing the accident. While there are exceptions to this defense, they do not apply when you hit a pothole.
What about a road hazard? It depends. There are instances where a road hazard establishes liability against the District. This is on a case-by-case basis. Call our office today for a free case consultation to learn whether you can satisfy the burden of proof against Washington, DC, for a road hazard causing a scooter accident.
If you were recently injured in a personal mobility device accident, contact a DC e-scooter accident lawyer today. Our firm remains dedicated to helping riders on two and three wheels receive compensation for injuries they experience on the road. Roger Gelb will fight hard for you from start to finish, so do not hesitate to call. Reach out today to learn what we can do for you.
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