Transportation has evolved over the years, especially at the turn of the millennium with the introduction of e-scooters. Their use has increased tenfold, due to being a lightweight personal travel option in a crowded big city.
However, as with any vehicle, being involved in an accident is a real concern -- one that can leave you severely injured. The question is: can I file a claim after being injured in an e-scooter accident in New York?
The short answer is yes. However, it depends on the manner in which the accident happened to help assign both fault and liability. Fortunately, injuries and losses suffered by users of e-scooters and/or e-bikes in New York are covered by the responsible party if the accident was caused by negligence. The same can be said about the operator of an e-scooter, if they injured a pedestrian.
It's always best to consult an NY accident lawyer if you've been involved in an accident and been injured. The team at Brandon J. Broderick has helped many clients get through trying times, such as these.
E-Scooter Laws in New York
In New York, electric bicycles and e-scooters were made permitted in 2020. Three categories have been established under the new law for them:
- Class 1: Pedal-assist bikes capable of speeds of up to 20 mph (such as e-bikes).
- Class 2: Electric bikes with throttles that can reach 20 mph
- Class 3: Bicycles with throttles that have a top speed of 24 mph (delivery drivers frequently use these).
The new bill also includes the following laws:
- E-scooters and e-bikes that can only go 15 mph are now permitted to be driven throughout the state of New York.
- Any person aged 16 or 17 years must wear a helmet while riding a Class 1 or Class bike
- Anyone riding a Class 3 e-bike is required to wear a helmet
- Scooter sharing programs are not permitted in Manhattan, but Brooklyn and Queens will soon introduce a pilot program.
- A rider of an e-bike who is discovered to be intoxicated faces a $500 fine and/or 15 days in jail.
The Hudson River Park Greenway prohibits the use of all e-scooters and e-bikes, regardless of their class.
Liability in an E-Scooter Accident
Unfortunately, those who drive inexpensive vehicles, such as an e-scooter, will generally have low insurance coverage. Another reality is that rental companies for e-scooters have substantial financial resources for insurance. So, when a rental e-scooter is involved, your lawyer will seek compensation from the rental company's insurance.
Most accidents involving e-scooters include one other vehicle. Your county or city may be responsible for the lack of road maintenance if your crash was caused by debris in the or potholes, for example.
It is best to contact a scooter accident lawyer who can negotiate and litigate on your behalf if you were hurt either while riding an e-scooter or after being hit by one.
How Scooter Accidents Are Handled by Insurance Policies
You may have the option to seek compensation from multiple insurance policies if a personal injury case is pursued. For this reason, insurance is frequently used in injury cases, including e-scooter accidents, since it can be challenging to collect money from an individual. You must prove that your injuries were brought on by the negligence of another person, as with any personal injury claim.
The following insurance policies cover accidents involving e-scooters:
Auto Insurance
An e-scooter accident claim's obligation is shifted to the at-fault driver's auto insurance plan.
Umbrella Policies
Added protection over and above your current auto and house insurance is provided by umbrella insurance. The standard liability limitations are raised to around $1 million by umbrella insurance, which is typically owned by wealthy individuals. When injuries are severe and reimbursement exceeds the standard policy maximum, umbrella insurance fills the gap.
Commercial Insurance
The scooter rental business will be held liable for any accidents they cause under their liability insurance. Additionally, if another business, such as a delivery service, was at blame for the accident, you would be protected by their liability insurance.
Homeowners Insurance
No matter where they are physically located, the policyholder is protected by the liability requirements of their homeowners insurance policy. While a cyclist's auto insurance wouldn't apply if they were at fault for an accident you were in, their homeowner's insurance may.
Brandon J. Broderick's Injury Lawyers Can Help If You've Been Hurt in An Accident
After an accident of any type, especially if you sustain injuries while riding an e-scooter, you may have feelings of anxiety or fear. You are not alone. The personal injury lawyers at Brandon J. Broderick can assist you. You have options you can pursue.
The goal of Brandon J. Broderick, Attorney at Law, is to give each of our clients the best legal counsel. We maintain an open line of communication with our clients and care about their welfare.
Call us today to talk about your case. To use our services, there are no upfront fees. Our goal is to secure for you the maximum amount of compensation possible.