KBA Attorneys have been Electric Scooter lawyers for years. We have seen our colleagues add escooter pages to their personal injury sites more and more over the years. For good reason, e-scooter injuries continue to rise. Electric scooter injuries are not slowing down it seems.

Convenience Collides – Electric Scooter Injuries, With and Without Helmets

Electric scooters (e-scooters or escooters) are a popular mode of transportation across the United States. This surge in electric scooter comes with a significant increase in electric scooter accidents and electric scooter injuries. With them have come more personal injury claims.

A study by the University of California, San Francisco, revealed recently that e-scooter injuries rose from 8,566 in 2017 to 56,847 in 2022. Similarly, the U.S. Consumer Product Safety Commission reported a nearly 21% increase in e-scooter and e-bike injuries in 2022 compared to the previous year. These alarming statistics underscore the urgent need for e-scooter rental companies and manufacturers to acknowledge and address the inherent risks associated with their products. If you suffered an Electric Scooter injury, contact us to see if we can help.

Many Electric Scooter Riders Do Not Use Helmets

Reports abound of the increase in electric scooter injuries. Many results in visits to the ER. We have written about this many times, and we have served as electric scooter attorneys.

Several reports note that many of the worst escooter injuries involve users operating the e-scooter without a helmet. We came upon a report from Ireland that less than 1:10 riders use helmets in Dublin.

https://www.thejournal.ie/doctors-call-for-review-helmets-e-scooters-6566060-Dec2024/

This is not unique to the Irish. One study found that 40% or so never used a helmet. Sievert K, Roen M, Craig CM, Morris NL. 2023. A survey of electric-scooter riders’ route choice, safety perception, and helmet use. Sustainability. 15(8):6609. doi:10.3390/su15086609 as reported here https://www.tandfonline.com/doi/full/10.1080/15389588.2024.2335677#d1e174, See also, https://laist.com/news/hundreds-of-er-records-show-most-injured-scooter-riders-werent-wearing-helmets; https://www.prnewswire.com/il/news-releases/voom-survey-80-of-e-scooter-riders-dont-wear-helmets-300901474.html.

It is easy to blame riders, but risk management requires identifying risks and controlling them. Companies now know or should know riders are not using helmets. That’s a serious hazard. Thus, they should take steps to address it, not just watch as head injuries rise and then blame the victims. Of course we want people to use their heads and think first, but people make mistakes; we’ve all been there. When users continue to make unsafe choices, sellers have a duty to act.

Electric Scooter Companies and E-Scooter Retailers Can Require Safety Devices

Implementing safety measures, such as mandating the use of protective gear like helmets, can significantly reduce the severity of injuries in the event of an electric scooter collision. Providing safety equipment with rentals or sales, and ensuring riders are educated on proper usage, are proactive steps that can mitigate potential electric scooter injuries. Lime took some steps in this direction in 2019.

Companies have various tools at their disposal. The ability exists to prevent use without proper equipment. They should as they are uniquely positioned to prevent electric scooter injuries. While some may find it unfair to hold companies responsible when users do not use safety equipment, please understand that what we note here is consistent with risk management standards, and defendants are not without legal recourse.

Anticipating and Countering the Contributory Negligence and Comparative Fault Defenses

In legal contexts, defendants in e-scooter accident cases often invoke defenses like contributory negligence or comparative negligence. Contributory negligence, as defined in Maryland law, asserts that if a plaintiff is found to have contributed to their own injury, they may be barred from recovering damages. Comparative negligence, recognized in Massachusetts and other states, allows for the plaintiff’s compensation to be reduced by their percentage of fault. Essentially both say the injured party caused or contributed to the accident or injuries, and as a result, should not receive any compensation (contributory negligence) or receive less compensation.

Despite these defenses, a good electric scooter lawyer can obtain compensation for electric scooter injuries, even if the rider did not have a helmet. Facts matter in each case. An analysis of the law, medicine, and science/technology involved is critical. Indeed, in some states, evidence of non helmet use may not establish contributory negligence per se. See, e.g., Rogers v. Frush, 257 Md. 233, 262 A.2d 549 (Md. 1970). Thus, having a personal injury lawyer who is also an e-scooter attorney is important.

Moreover, Electric Scooter Injuries Occur Even When Riders Wear Helmets

Seeing report after report note the higher incident of injuries with riders operating with helmets, we expect this to be a way to pass the cost of these products onto to taxpayers and insurers. In the end, that means the rest of us. When someone is injured and it could be prevented, we have a civil justice system; that’s where personal injury lawyers like KBD come into play.

One of two groups pay for the unnecessary medical expenses – government or private insurance. Either way, communities at large pay. The money from CMS via Medicare or Medicaid could go elsewhere like to our veterans or schools. Insurance companies will raise premiums to cover increased costs. We know because when we resolve personal injury claims as personal injury attorneys, we have to deal with these folks for our clients through lien resolution or subrogation claim resolution. So while it may be easy to blame riders for not wearing helmets or other protection, it is not that simple.

Brain injuries occur even while wearing helmets. The quality of helmets themselves varies from near useless to decent, but not injury-proof. Many injuries involve broken bones, fractures, burns, and the like; none of which a helmet would prevent. Furthermore, in states like Maryland, if a person is not wearing a seatbelt, that does not come into evidence for public policy reasons. So these ideas we’re sharing are not crazy-town, biased plaintiff lawyer stuff. If you suffered from an electric scooter injury, do not blame yourself and give up. Speak to a law firm.

KBD Attorneys are the Electric Scooter Attorneys You Need and the E-Scooter Lawyers You Want Behind You

At KBD Attorneys, we have extensive experience handling electric scooter cases and have successfully recovered compensation for victims. KBD personal injury attorneys pride themselves on fighting for justice. Our expertise encompasses a thorough understanding of the law, collaboration with liability and damage experts, and a strategic approach to navigating legal challenges. Electric scooter injury cases present unique difficulties, particularly legal ones, including arbitration agreements and nuances involving sellers, distributors, and manufacturers. We are committed to challenging defense tactics and advocating vigorously for our clients.

For more information on how we can assist with e-scooter-related incidents, please call us at 855-KBA-LAWS (522-5297), email Info@KBAAttorneys, or contact us here. Visit our dedicated page with more information about escooter injuries: https://kbaattorneys.com/e-scooter-malfunction-lawyer.