Electric scooters and shared bikes from companies like Bird and Lime have become a common sight in Arizona cities, offering a convenient way to get around.
While they provide a fun and eco-friendly alternative to driving, their increasing popularity has also led to a rise in accidents and injuries.
When a leisurely ride turns into a trip to the emergency room, victims are often left wondering: who is financially responsible for my injuries?
At Westbrooks Law, we understand that navigating the aftermath of an accident can be overwhelming. The question of liability in e-scooter and bike-share incidents is particularly complex, as it can involve multiple parties.
Determining Liability in an E-Scooter or Bike Share Accident
Unlike a typical two-car collision, an accident involving a rental scooter or bike can have several potentially liable parties. Identifying the responsible party is the first step in any personal injury claim.
1. A Negligent Motorist
Many serious e-scooter and bike accidents are caused by collisions with cars, trucks, or motorcycles. In Arizona, scooter and bike riders have many of the same rights and responsibilities as other vehicle operators. If a driver was distracted, speeding, failed to yield the right-of-way, or was otherwise negligent, they can be held liable for the rider’s injuries.
2. The Rental Company
The companies that own and operate these fleets (like Lime, Bird, or Spin) have a duty to maintain their equipment in a reasonably safe condition. If an accident is caused by an equipment malfunction—such as faulty brakes, a broken throttle, or a sudden loss of power—the company could be held liable. However, these cases can be challenging. Before your first ride, you are required to accept a user agreement that often includes a waiver of liability. While these waivers are extensive, they may not protect the company from gross negligence or a failure to properly maintain their fleet.
3. A Government Entity
Sometimes, accidents are caused not by a person, but by unsafe road conditions. A city or municipality may be held liable if your accident was the result of a large pothole, poorly designed intersection, or lack of proper signage. Filing a claim against a government entity in Arizona involves a strict and complex process, including filing a “Notice of Claim” within a short timeframe. Missing this deadline can prevent you from ever recovering damages.
4. The Rider or a Pedestrian
Liability isn’t always external. If a rider is operating the scooter or bike in a reckless manner—violating traffic laws, riding while intoxicated, or weaving through pedestrians on a sidewalk—they may be at fault for their own injuries or injuries they cause to others. Similarly, a pedestrian who walks out into the path of a rider without looking could be considered the negligent party.
What to Do After an Accident
If you are injured in an e-scooter or bike share accident, it is crucial to take steps to protect your health and your potential legal claim:
- Seek Medical Attention: Your health is the top priority. See a doctor immediately, even if you feel fine, as some injuries may not be immediately apparent.
- Report the Incident: Call the police to file an official report and report the accident to the rental company through their app.
- Document Everything: Take photos and videos of the scene, your injuries, the scooter/bike, and any property damage. Get the names and contact information of any witnesses.
- Preserve the Evidence: Do not alter or repair the scooter or bike involved. Make sure the specific unit can be identified for inspection.
Navigating a personal injury claim involving an e-scooter or shared bike requires a thorough understanding of Arizona law. The complexities of liability waivers and claims against government entities make it essential to have experienced legal guidance.
Disclaimer: The information provided in this article is for informational purposes only and is not intended to be legal advice. Every case is unique, and you should consult with a qualified attorney to discuss the specifics of your situation. Contacting Westbrooks Law does not create an attorney-client relationship.
If you have been injured in an e-scooter or bike share accident, you need a dedicated advocate on your side. Contact the personal injury team at Westbrooks Law today for a free consultation to discuss your case. Let us help you understand your rights and fight for the compensation you deserve. You can reach us at (602) 262-4357 or by visiting us at wesbrookslaw.com/contact-us
