Scooter accidents are incidents that occur while operating a scooter, which is a two-wheeled vehicle with a low-powered engine or an electric motor. These accidents can be caused by a variety of factors, such as rider error, vehicle malfunctions, road hazards, or collisions with other vehicles or pedestrians.
Liability
Scooter accident can be caused by a variety of factors, including rider error, vehicle malfunction, or other drivers on the road. To determine liability, it is important to conduct a thorough investigation of the accident scene, collect witness statements, and review any available video footage or other evidence. In some cases, expert testimony may also be necessary to establish liability. Once liability has been determined, the injured party may be able to pursue compensation for their damages, including medical expenses, lost wages, and pain and suffering.
Insurance
Insurance coverage for scooter accidents can vary depending on the circumstances of the accident. The rider has personal insurance (such as auto, or health insurance), they may be able to file a claim under their own policy to cover their medical expenses. It’s important to carefully review the insurance policies involved in the accident to determine what coverage is available and how to file a claim.
Comparative Negligence
Comparative negligence is a legal principle that is often applied in personal injury cases to determine how much compensation an injured party may be entitled to receive. Under comparative negligence, the injured party’s damages are reduced by the percentage of fault they share in causing the accident.
For example, if a scooter rider is involved in an accident with a car and it is determined that the rider was 30% at fault for the accident due to speeding, while the car driver was 70% at fault for running a red light, the rider’s damages will be reduced by 30%.
There are two types of comparative negligence:
- Pure comparative negligence: Under pure comparative negligence, the injured party’s damages are reduced by the percentage of fault they share in causing the accident, regardless of how much fault they bear. In the above example, the scooter rider would still be entitled to receive compensation for the 70% of damages caused by the car driver’s fault, even though the rider was 30% at fault.
- Modified comparative negligence: Under modified comparative negligence, the injured party’s damages are only reduced if their percentage of fault exceeds a certain threshold, typically 50%. In the above example, if the threshold was 50%, the rider would still be entitled to full compensation because their fault was below the threshold.
Comparative negligence can be a complex legal issue, and it is important to work with an experienced personal injury lawyer who can help you navigate the process and protect your rights.
Regulations involving scooters
In the state of Texas there are some key regulations involving the use of scooters
- Riders under the age of 21 are required to wear a helmet
- Riders must have a valid driver’s license
- Scooters are not to be ridden on roads with a speed limit greater than 35mph
- Scooters cannot be ridden on a sidewalk
Contact us Today
If you or a loved one have been injured in a scooter accident, our dedicated team of Houston car accident lawyers is here to help. At Borunda and Fomby PLLC, we have over 30 years of combined experience helping clients recover physically and financially from all types of personal injury accidents.
Contact us today for a free consultation to discuss your case and learn more about your legal options. You can email us at info@txinjuryadvocates.com or call us at (281) 846-4229 or fill out our online contact form to get started.
