Why Choose Our New York City E-Scooter Accident Lawyers?
New Yorkers choose The Sanders Law Firm to handle their e-scooter accident cases because we take on insurance companies with relentless NYC grit and have the resources to go the distance in every case. Backed by over 50 years of combined experience, we offer:
- Litigation-first strategy: We prepare every case for trial and are ready to sue if insurers don’t offer fair compensation.
- Personalized representation: Our team learns the details of your accident and develops a legal strategy tailored to your needs.
- Free consultations: Speak with us at no cost or obligation.
- No upfront legal fees: Pay nothing unless we win compensation for you.
- Multilingual support: We assist clients in several languages throughout the legal process.
If you want to take legal action but are unsure how to start, our team represents clients across all five boroughs and on Long Island. Contact us for a free case review.
Excellent experience with Sanders law representing me
Gary Novins is the go to guy. Working diligently and strategically to build and resolve a case, often working on his own personal time to make sure all bases were covered, and nothing was overlooked. Timely responses to all of my questions, and straight answers with no bs. A true professional who gets the job done. The office team was generally helpful and knowledgeable as well… All in all a well put together group…
Hammer J.
Common Causes of E-Scooter Accidents in New York
E-Scooter accidents often occur due to a driver’s actions or unsafe riding conditions, such as:
- Distracted driving: A driver who looks at a phone or takes their attention off the road may not see a scooter nearby.
- Failure to yield: Drivers who do not yield the right of way may enter a rider’s path and cause a collision.
- Speeding: Speeding gives a driver or rider less time to react to changing traffic conditions.
- Unsafe lane changes: Drivers who change lanes without checking for scooters may strike a rider.
- Dooring: Opening a vehicle’s door in traffic may hit a passing scooter rider.
- Road hazards: Damaged pavement or roadway debris can make it difficult for a rider to maintain control.
- Defective scooters: Faulty brakes or other mechanical problems can cause a scooter to stop working properly.
- Reckless riding: Ignoring traffic rules or riding aggressively can increase the risk of a collision.
New York E-Scooter Laws That May Affect Your Claim
New York law governs e-scooter use, including rider eligibility, permitted areas, and traffic rules. These requirements may affect liability after an accident, such as:
- Helmet requirements: Helmets are mandatory for riders ages 16 and 17 and recommended for riders 18 and older.
- Age requirements: Riders must be at least 16 years old
- Traffic laws: New York City has a city-wide speed limit of 15 mph.
- Where to ride: E-scooters are prohibited on sidewalks, but are allowed in bike lanes, park drives, greenways, and vehicle lanes with speed limits of no more than 30 mph.
Violations may give an insurer grounds to argue that you contributed to the accident or your injuries. For example, if you were speeding along Central Park South when the crash occurred, the insurer may use your speed to challenge how much compensation you should receive.
Who Can Be Held Liable for an E-Scooter Accident?
Several parties may be held liable for an e-scooter accident, depending on who caused or contributed to the crash. Responsible parties may include:
- Negligent drivers: Drivers may be liable when negligent behavior, such as speeding or distracted driving, causes a crash.
- Scooter riders: Riders may share liability when unsafe riding contributes to the crash.
- Rental companies: Companies such as Lime or Bird may face liability if poor maintenance contributes to a crash.
- Manufacturers: Manufacturers may be liable when a defective scooter or component causes an accident.
- Government entities: Government agencies may be liable for certain unsafe roadway conditions or a collision involving one of their vehicles. The Metropolitan Transportation Authority (MTA), for example, could face liability when one of its buses collides with an e-scooter.
- Property owners: Owners may be responsible when they fail to address hazards, such as broken pavement in a parking lot, that contribute to a crash.
How Do You Prove Liability After an E-Scooter Accident?
An injured person generally must establish that another party’s negligence caused or contributed to an e-scooter accident. Evidence may support a claim includes:
- Police and accident reports
- Photographs of the accident scene and the surrounding area
- Video footage showing the crash or events leading up to it
- Statements from witnesses who observed the accident
- Medical records documenting your injuries and treatment
- Records showing damage to the scooter or vehicles
- Maintenance and inspection records, where applicable
- Expert testimony, if needed
Evidence can help establish what caused the accident, who may have acted negligently, and how the collision affected you. For example, photographs may show unsafe road conditions, while medical records can connect your injuries to the crash. Together, this evidence can strengthen your argument for compensation.
Compensation Available After an E-Scooter Accident
If someone else’s negligence caused your e-scooter accident, you may be entitled to compensation for the financial and personal impact of your injuries. The amount and types of compensation available will depend on the facts of your case, including the severity of your injuries and their impact on your life. Damages may include:
Economic damages cover financial losses such as:
- Medical bills
- Cost of future medical care
- Lost wages and diminished earnings capacity
- Property damages
- Home modifications and special equipment
- Funeral expenses in wrongful death cases
Non-economic damages address the personal effects of your injuries, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium or companionship
- Permanent disfigurement
Punitive damages may also be available in cases involving particularly egregious or intentional conduct. Our attorneys can assess your injuries and losses to determine what compensation you may pursue.
Can I Still Recover Compensation if I Am Partially at Fault for the E-Scooter Accident?
Yes, you may still recover compensation if you were partially at fault for an e-scooter accident. How your partial fault affects your ability to recover depends on whether a motor vehicle was involved:
- Accident involving a motor vehicle: The modified comparative negligence system applies. You can recover if you are 50% or less at fault, although your award is reduced by your percentage of fault. At 51% fault or higher, you may be barred from recovery.
- Non-vehicle accidents: Pure comparative negligence applies. You can recover even if you are more than 50% at fault, but your compensation is reduced based on your percentage of responsibility.
Because New York’s comparative negligence laws can be complicated, determining how fault may affect your claim is not always straightforward. A lawyer can review the circumstances of your accident and explain how your percentage of fault could affect the compensation you may recover.
What Insurance Covers an E-Scooter Accident in New York?
The insurance available after an e-scooter accident depends on the circumstances of the accident, such as how the crash occurred and who was involved. Potential sources of insurance include:
- No-fault insurance: This may apply when an accident involves a covered motor vehicle, but it does not automatically apply to all e-scooter accidents.
- Auto insurance: A negligent driver’s liability coverage may pay for an injured rider’s losses.
- Rental company insurance: Companies that rent e-scooters may provide insurance, but coverage may vary based on the rental agreement and policy terms.
- Health insurance: This can help cover treatment while another claim is pending or if other insurance is unavailable.
- Workers’ compensation: If you were injured while performing work duties, workers’ compensation may cover medical care and a portion of lost wages.
- Homeowners or renters insurance: An umbrella policy may provide coverage in some circumstances when the policyholder is riding an e-scooter.
Filing Deadline for an E-Scooter Accident Lawsuit
New York’s statute of limitations generally gives injured people three years from the date of an e-scooter accident to file a personal injury lawsuit. However, the deadline may be shorter when certain parties are involved.
For example, you must file a Notice of Claim within 90 days of the accident if you intend to pursue a claim against a government entity. You then have one year and 90 days to file a lawsuit.
Missing the applicable deadline can prevent you from recovering compensation. Because filing deadlines vary depending on the parties and circumstances involved, it is important to consult with a lawyer quickly rather than assume the standard three-year deadline applies.
How The Sanders Law Firm Helps E-Scooter Accident Victims
After an e-scooter accident, figuring out who should pay for your losses and dealing with insurance companies can add stress to an already difficult situation. Our attorneys can take this weight off your shoulders and pursue compensation on your behalf so you can focus on healing.
Our services often include:
- Investigating the circumstances of your accident and determining how the crash occurred
- Identifying the drivers, government entities, e-scooter companies, or other parties who may be responsible for your injuries
- Gathering and preserving accident reports, medical records, photographs, video footage, and other evidence to support your claim
- Negotiating with insurance companies to seek full and fair compensation for your injuries and losses
- Challenging unfair attempts to blame you for the accident or minimize the compensation you may recover
- Preparing your case for trial and pursuing a lawsuit if the insurance company refuses to offer fair compensation