Riding Wheels E-Scooter And Hit By Car. Do I Have A Case?

Question:

I was riding a Wheels e-scooter. I was hit by a driver who was exiting Costco in Marina Del Rey. The driver’s insurance company is denying my claim, saying I’m at fault. Do I have a case?

Answer:

Whether you have a case against the driver, and how strong a case, depends on many factors.

RIDING SCOOTER ON STREET OR SIDEWALK?

Were you riding the scooter on the street or the sidewalk? Riding a motorized scooter, including a Wheels bike/scooter, on the sidewalk, is illegal under California e-scooter laws. So if you were riding on the sidewalk, you probably bear some of the fault. But so does the driver of the car. A motorist can’t just run you over, even if you were riding where you weren’t supposed to. The exiting motorist had a duty to be attentive to anything approaching from his or her left or right, including cars, bicyclists, pedestrians, and scooter riders.

RIDING SCOOTER WITH OR AGAINST TRAFFIC?

If you were riding the Wheels scooter on the street, were you riding with or against traffic? Under California law, you had a duty to ride with the flow of traffic. If you were riding against the flow of traffic, you likely bear some fault for the accident. But the motorist also bears some fault. Again, just because you were breaking the law does not give the driver free rein to run you over.

SURVEILLANCE VIDEO?

There are many businesses at that location. Have you canvassed the area to find out if any video cameras captured the accident? Any such video may be helpful to your case. It is important to obtain copies of the video before it is destroyed or recorded over.

If you were hit by a car while riding a Wheels scooter, call the personal injury attorneys at McGee, Lerer & Associates for a free consultation. We’ll tell you whether you have a case. Then you can decide if you’d like to hire us. If you do retain our firm, you pay us nothing up front. We get paid at the end of the case, out of the settlement. If there is no settlement, you pay us nothing. You can read more about how we’re paid here.