NEW YORK SCOOTER ACCIDENT ATTORNEYS

New York Scooter Accidents Attorney Serving Westchester County Since 1986

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Electric scooters offer a convenient and economical way to get around. With the rise of the scooter rental program citywide, electric scooters have become a common sight on streets across New York and other cities and towns. Unfortunately, across the U.S., accidents involving electric scooters have also been on the rise for years.

 

In 2018, over 14,680 e-scooter injuries were reported nationwide–more than double the number of accidents in 2014. New York City has experienced a rise in e-scooter accidents also. Reports indicate that e-scooters have been associated with a shocking increase in emergency room visits throughout the state. 

 

Some accidents result in little more than a few bumps and bruises. Other victims have suffered much more serious injuries since scooter rentals were legalized in New York. 
 

Studies show that electric scooter riders are more likely to injure themselves when riding on the city sidewalks, which is generally prohibited. 
 

New York's recently enacted 2021 Budget allows for the legal use in the state of electric scooters and electric bicycles. Under the law, electric bicycles are divided into three groups: Class 1 pedal-assist models with a top speed of 20 miles per hour; Class 2 throttle-assist models with a top speed of 20 miles per hour; and, in cities with a population of one million or more (i.e., New York City only), Class 3 throttle models with a top speed of 28 miles per hour.
 

All electric bicycles and all electric scooters are restricted to those 16 years of age and older, while helmets are required for all scooter operators under the age of 18 and all Class 3 electric bicycles. Other provisions of the new law provide for a 15-mile-per-hour maximum speed limit for scooters and prohibit both electric scooters and electric bicycles on sidewalks. Both can be used only on roads and highways with a posted speed limit of 30 miles per hour or less.  Only those operating a class III e-bike are required to wear a helmet while operating this device regardless of age. A class III e-bike is a speed pedal-assisted electric bike, which is only legal within NYC and tops out at 28 miles per hour. 
 

If you were struck by a car, taxi, truck, bus, or other motor vehicle while operating a scooter, you are entitled to have your medical bills, lost wages, and other expenses paid by the No-Fault insurance policy of the motor vehicle that struck you. (New York Insurance Law Article 51).
 

The driver of the motorized scooter also may be a person covered under the no-fault law. The issue depends on how the scooter is classified by the DMV. If the scooter cannot travel over 20 MPH, it would be classified as a "Class C" limited use motorcycle by the DMV. In that case, the rider is considered a pedestrian and a "covered person," under the no-fault statute. If the scooter is a Class A (can go over 30 MPH), or Class B (can go over 20 MPH), you may not be considered eligible for no-fault.
 

The time to apply for No-Fault Insurance Benefits is only 30 days. Thus, people injured in motor vehicle crashes must not delay in making a claim to the responsible insurance company.
 

The statute of limitations in New York state gives electric scooter accident victims three years to file a personal injury lawsuit. If you miss the deadline, you’ll lose your right to compensation.

 

If you have been injured in an e-scooter accident on a sidewalk, in the roadway, or involving a car, truck, or bus, filing a lawsuit is a way to recover damages for personal injuries.  Curan & Ahlers, LLP, is a full-service personal injury law firm that handles electric scooter cases for many New York State residents each year. Our experienced lawyers can assist you in your quest for justice.

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Electric Scooter Accident Attorneys

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Curan & Ahlers is a law firm that has been helping personal injury victims throughout New York, including Westchester County, White Plains, Yonkers, Mount Vernon, New Rochelle, Ossining, and the surrounding area since 1986.  
 

When you contact a scooter accident lawyer at Curan & Ahlers, you will experience expertly trained scooter accident lawyers ready to help you or a loved one suffering from a scooter crash related injury. We'll schedule a free consultation to discuss your accident. A scooter accident in New York could be a life-altering event. Our  New York scooter accident attorneys are here to help you make the best decision possible to secure your future and recover from the injuries.

 

If you’ve been injured in any way call us at (914) 428-3313 for a no-cost, no-obligation consultation.

 

What are the different injuries our New York electric scooter accident lawyers can help with?

 

We can help you no matter what injury you suffered in an electric scooter accident. We have experience dealing with a wide range of scooter accident injuries, including:

 

• Broken bones

• Neck injury

• Head injury 

• Chest injury

• Paralysis

• Traumatic Brain Injury (TBI)

• Burns

• Road Rash

• Spinal cord injury

• Back injury

• Fracture

• Lacerations

• And More

 

The Statute of Limitations For New York scooter accident lawsuits is three years from the date of your injury. Do not hesitate to reach out to a New York scooter accident attorney at Curan & Ahlers today!

 

Common electric scooter accidents NYC and their liability implications

 

Some examples of scooter accidents and the corresponding person liable include:
 

• When a pedestrian is hit by a scooter, the scooter driver is typically going to be liable for any injuries or damages. 

• When a pedestrian deliberately causes a scooter to crash, the pedestrian may be held liable for any injuries or damages to the scooter driver. I

• When a car and scooter collision happens, liability may fall with the person who didn’t follow the law or caused the accident, but may also be shared. 

• If the scooter malfunctions, the scooter company may be held liable through a defective product lawsuit.

• If a scooter is not operational and causes an injury (for instance, if a pedestrian trips over it and falls) the scooter company may be held liable. 

• The city may be held liable for scooter accidents that were caused by poorly maintained roads, unmarked hazards, etc.

 

What should you do when you are involved in a scooter accident in New York?

 

In the event of a New York scooter accident or crash, you should do the following:

 

1. Make sure the scene is safe.

2. Seek medical attention if necessary.

3. Call the police, wait for them to arrive, and complete an accident report.

4. Never negotiate with the other parties to the crash

5. Obtain contact information from other parties in the crash 

6. Obtain witness contact info and statements

7. Document what happened. You can take photos with your phone and take notes. 

8. Make sure the police take your report. 

9. Preserve evidence, like your broken bike and any medical bills.

10. Call the scooter accident lawyers at Curan & Ahlers.

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f you were involved in an electric scooter incident, whether it was a Bird scooter, Lime scooter, Lyft scooter, or other rental scooter, you should contact a scooter accident lawyer at Curan & Ahlers immediately for a free case consultation.

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Scooter Insurance Regulations

 

In New York, scooters are generally categorized as motor vehicles, and therefore they must comply with the state's motor vehicle insurance requirements. The main difference lies in the type of scooter you have and how it is classified under state law. Liability insurance is beneficial as it helps cover the costs associated with injuries or property damage you may cause to others while operating your scooter.
  
Motorized Scooters: Motorized scooters that are classified as limited-use motorcycles are subject to many of the same requirements as motorcycles per outlined in N.Y. Veh & Traf. Law § 410. These scooters have engines larger than 50cc or can exceed speeds of 30 mph. If you own a motorized scooter falling into this category, you are required to have liability insurance coverage. Liability insurance is useful as it helps cover the costs associated with injuries or property damage you may cause to others while using your scooter.
 
Electric Scooters: Electric scooters, often referred to as e-scooters, are typically powered by an electric motor and have smaller engines. The New York Department of Motor Vehicles, as explained under N.Y. Veh. & Traf. Law § 125, does not recognize electric scooters as standard road vehicles and thereby refrains from requiring e-scooter registration or insurance coverage. Despite this, the use of electric scooters is still permitted in New York as long as the following requirements prescribed by the New York DMV are met:

 

• you can operate these devices on highways with a posted speed limit of 30 MPH or less.

• Local authorities can further regulate the time, place, and manner of operation of these devices.

• you cannot operate these devices on a sidewalk except as authorized by local law or ordinance.

 

It's important to note that laws and regulations may vary within different municipalities in New York State, so it's recommended to check with local authorities or consult an attorney for precise information about scooter insurance requirements in your area.

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Curan & Ahlers: Scooter Accident Attorney New York

 

If you were involved in a scooter accident, bike accident, car accident, or some other motor vehicle accident and suffered significant damages or were injured, you should contact a personal injury  attorney. Curhan & Ahlers has been serving injury victims since 1986. With 35 years and counting of legal expertise in personal injury litigation, Curan & Ahlers is ready to fight for you. Whether you are unsure you have a case or not, you can take advantage of a free consultation with an experienced lawyer. Curhan & Ahlers can handle personal injury cases throughout New York.

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Contact our team of expert lawyers that are ready to listen and fight for you today.    

 

New York Scooter Accident FAQs

 

How often are people injured in electric scooter (e-scooter) accidents?
 

The rise of the use of electric scooters has resulted in the rise of e-scooter accidents. In 2018, there were approximately 14,000 reported injuries involving e-scooter accidents nationwide. In 2020, there were 558 e-scooter accidents in New York, and as a result of these accidents, 538 people were injured. These injuries can often be serious as e-scooter riders do not have the luxuries of airbags or seatbelts that will often save the lives of motorists involved in accidents involving cars. As a result of e-scooter accidents, the e-scooter riders can experience injuries such as: 
 

• Traumatic brain injuries

• Broken bones

• Spinal cord injuries

• Internal organ damage

• Paralysis

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How long do I have to file a lawsuit if I am involved in an e-scooter accident?

 

If you are involved in an e-scooter accident, you have three years from the date of the accident in which to start a lawsuit against the at-fault driver of the car that hit your e-scooter and caused your injuries. If you do not file a lawsuit within three years, you will not be able to recover any monetary compensation for the injuries sustained in the motor vehicle accident. This time period is referred to as a "statute of limitations."

 

However, there are some exceptions to the statute of limitations such as when a minor, a person under 18, is involved in an e-scooter accident. In this case, the three-year statute of limitations will not begin to run until the injured minor has turned 18 years old. 

How can I recover compensation from the driver who struck my e-scooter and caused my injuries?

 

In New York State, when a person is involved in a motor vehicle accident, they must prove that they have sustained a "serious injury" prior to being able to obtain any compensation from the at-fault driver's insurance company. At Curan & Ahlers, LLP, we specialize in efficiently handling bodily injury claims for our e-scooter clients who have been injured by an at-fault car driver. We set up a claim for bodily injuries with the at-fault driver's insurance company and present your injuries to a claims adjuster to attempt to recover compensation for your injuries. 

What are common causes of e-scooter accidents?

 

The number one cause of e-scooter accidents is driver negligence. It is very common for car drivers to report that they did not see the e-scooter prior to the accident due to the glare from the sun on their windshield. Another major leading cause of e-scooter accidents is inclement weather. E-scooter riders must be extremely careful of gravel or debris on the roadway, potholes, and bumps in the road. Any of these obstructions in the road can cause a e-scooter driver to lose control of his or her e-scooter. Other causes of e-scooter accidents can be car drivers failing to yield the right-of-way to e-scooter drivers, reckless car drivers making illegal lane changes or unsafe turns, and car drivers driving under the influence of drugs or alcohol. 

Why do insurance companies often refuse to pay injured e-scooter riders?

 

At Curan & Ahlers, LLP, we have dealt with countless insurance company adjusters that have denied our client's claims for various reasons. In this situation, we fight for the compensation that our clients deserve. We recognize that every case is different, but there are many similarities in e-scooter cases that cause insurance companies to deny the e-scooter rider's claim for bodily injuries against the at-fault car driver. The most common reason for a denial is that the insurance company for the at-fault car driver will often claim that the e-scooter driver caused the accident. E-scooter riders are often depicted as reckless riders who ride on the sidewalk and cut off pedestrians and other vehicles. Even if you have been blamed by the at-fault car driver's insurance company for the accident,  you can still recover damages for the injuries you received in the accident. New York has a pure contributory negligence law. This means that an injured person is able to recover damages as long as the other driver is at least 1 % at fault for the accident. The amount of damages you receive will be reduced by the percentage it is determined that you are at fault for the accident. If you were involved in an e-scooter accident and the at-fault car driver's insurance company is blaming you for the accident and refusing to pay you compensation for your injuries, call Curan & Ahlers LLP so that we may fight on your behalf to get you the compensation that you deserve. 

Who pays my medical bills when I am in an e-scooter accident?

 

If you are involved in a motor vehicle accident involving two cars, your own insurance company will pay the medical bills for you and all other people in your car. The other driver's insurance company will pay their medical bills. This is what is meant by "no-fault." Regardless of whose fault the accident is, the insurance for the vehicle that you are in will pay your medical bills and the medical bills for all of the other people in your vehicle. However, when you are a pedestrian or a bicyclist hit by a car, the car insurance for the person that hit you will pay your medical bills. 
 

When you are the rider of an e-scooter, it is unlikely that you have your own insurance. Unlike the situation above in which a bicyclist is hit by a car and their medical bills are automatically paid by the car driver's insurance, if you are hit by a car on your e-scooter, it is not a guarantee that your medical bills will be paid for by the car driver's insurance. For these cases, courts will make a distinction between types of e-scooters when determining if your medical bills will be paid. If your scooter can not go more than 20 miles an hour, the scooter is classified as a "Class C" limited use motorcycle with the DMV, you will be considered a pedestrian, and the car driver's insurance will pay your medical bills. If your scooter can go over 20 mph, the scooter is designated "Class B" and the car driver's insurance will not pay your medical bills. It is extremely important you contact Curan & Ahlers LLP so that we can determine whether or not your medical bills will be paid or if you will be responsible for medical bills that can destroy your credit and hurt you financially.