E-Scooter Injuries in Santa Monica: Your Rights, Common Hazards, and How to Win Your Claim

Electric scooters have become a permanent fixture on the streets and boardwalks of Santa Monica. While they offer a convenient and fun way to get around, the heavy usage has led to a sharp rise in serious injuries affecting riders, pedestrians, and drivers alike. When an accident happens, victims are often left in pain, out of work, and confused about who is responsible for their medical bills and other losses.

The laws surrounding e-scooters can be complicated, involving negligent drivers, scooter rental companies, and sometimes even government entities. At Walch Law, our family has been fighting for injured Californians for over 45 years. We understand the unique challenges of e-scooter accident claims and are committed to helping you navigate the legal system to get the full compensation you deserve. Call Walch Law now more to talk about your Santa Monica escooter accident lawsuit.

Common E-Scooter Accident Scenarios in Santa Monica

E-scooter accidents happen in many ways, but certain scenarios are incredibly common in a dense, busy area like Santa Monica.

• Intersection & Driveway Collisions: A driver fails to see a scooter rider and makes a left turn in front of them or pulls out of a driveway without looking.
• “Dooring” Accidents: A driver or passenger of a parked car opens their door directly into the path of an oncoming scooter rider.
• Roadway & Sidewalk Defects: Riders lose control and crash due to potholes, broken pavement, uneven sidewalks, or unmanaged sand and debris on bike paths.
• Defective Scooters: The scooter itself fails due to a mechanical issue, such as faulty brakes, a sudden throttle surge, a loose folding mechanism, or a cracked steering stem, leading to a crash.
• Sidewalk Collisions: A rider collides with a pedestrian on a crowded sidewalk, causing serious injuries to the person on foot.
• Rental Zone Clutter: Improperly parked scooters clustered near rental zones create dangerous trip-and-fall hazards for pedestrians, especially the elderly.

Who Can Be Held Liable for an E-Scooter Injury?

Determining fault is one of the most complex aspects of an e-scooter case. Depending on the facts, several parties could be held legally responsible.

• Negligent Drivers: A car, truck, or bus driver who violates traffic laws and hits a scooter rider is often the primary at-fault party.
• Scooter Rental Companies: Companies like Bird, Lime, and Veo can be held liable for putting a defective scooter into service, failing to perform proper maintenance, or having a faulty app that causes a malfunction.
• Government Entities: The City of Santa Monica or other government bodies can be responsible for injuries caused by dangerous conditions on public property, such as a large, unrepaired pothole or a broken sidewalk that they knew or should have known about.
• Property Owners: Private property owners can be liable if a dangerous condition on their property (like a hazardous driveway exit) contributes to a crash.
• Other Scooter Riders: A reckless scooter rider who collides with you can be held personally liable for your injuries.

Evidence You Must Collect Quickly After a Santa Monica Scooter Crash

Evidence in scooter cases disappears fast. It is critical to act immediately to preserve the proof you need to win your claim.

• Scooter App Ride Data: Take screenshots of your ride history in the app immediately. This shows your route, the time of the ride, and the specific ID number of the scooter you were using.
• Photos and Videos: Take pictures of the scene, the scooter (especially any visible defects), the specific hazard that caused the crash (e.g., the pothole), your injuries, and any property damage.
• Police and Medical Reports: If police respond, get the report number. If paramedics treat you, get the Medical Incident Report number.
• City Service Requests: Your attorney can search public records for prior complaints made to the city about the specific hazard (e.g., 311 requests), which helps prove the city had notice.
• Witness Information: Get the names and phone numbers of anyone who saw what happened.
• Nearby Business Cameras: Look for any businesses with security cameras that may have captured the incident. Your attorney can send a formal request to preserve the footage.

Special Rules for Claims Against the City of Santa Monica

If your injury was caused by a dangerous condition on public property, you cannot simply file a lawsuit. You must first follow the strict rules of the California Government Claims Act.

• Short Deadline: You have only six months from the date of the injury to file a formal claim with the correct government entity. If you miss this deadline, you will likely lose your right to ever seek compensation.
• Document the Defect: Your claim must state the precise location and nature of the defect that caused your injury.
• Preserve the Evidence: Do not repair your scooter or throw away your shoes or damaged clothing before your attorney can have them inspected by an expert.

Fighting Back Against Liability Waivers and Arbitration Clauses

When you sign up for a scooter rental app, you agree to lengthy terms of service that almost always include a liability waiver and an arbitration clause. The scooter company will use this to argue you gave up your right to sue them.

However, we know how to challenge these agreements. We can argue that the waiver is legally “unconscionable” or violates public policy, especially when your injury was caused by the company’s gross negligence or a known product defect. Evidence of prior complaints or recalls for the same issue can be powerful in defeating these waivers.

Medical and Financial Damages You Can Recover

A serious scooter accident can lead to devastating and expensive injuries. Your claim can seek compensation for all of your losses.

• Medical Costs: Emergency room visits, imaging (X-rays, CT scans), surgeries, dental fractures, and future rehabilitation or physical therapy.
• Traumatic Brain Injuries (TBI): Scooter riders often suffer serious head injuries, even with a helmet.
• Scarring and Disfigurement: Compensation for permanent scars, especially from facial injuries.
• Lost Income: Wages lost while you are recovering, including from gig work or self-employment.
• Future Care: The cost of any medical care you will need for the rest of your life.
• Pain and Suffering: Significant compensation for the physical pain, emotional trauma, and loss of enjoyment of life caused by the accident.

Step-by-Step Guide: What to Do After a Scooter Crash

1. Get Medical Care: Your health is the priority. Call 911 or go to an emergency room immediately.
2. Report the Incident: Report the crash to the Santa Monica Police Department and report the issue with the scooter in the company’s app.
3. Photograph Everything: Document the scooter, the scene, the specific hazard, and your injuries.
4. Save the Scooter: If possible and safe, do not let the rental company take the scooter. Your attorney needs to have it inspected.
5. Request Your Ride Logs: Email the scooter company and formally request a complete log of your ride data.
6. Avoid Recorded Statements: Do not speak to any insurance adjusters. They are trained to get you to say things that will hurt your claim.
7. Call the best Santa Monica EScooter Lawyer Quickly: An experienced escooter accident lawyer can immediately start preserving evidence and protect you from short government claim deadlines.

Frequently Asked Questions

1. Can I still sue if I wasn’t wearing a helmet?
Yes. In California, adults are not legally required to wear a helmet on an e-scooter. Even if you were under 18 and required to wear one, you can still recover damages under comparative negligence.

2. What if I was riding on the sidewalk?
While riding on the sidewalk may be against local rules, it does not automatically bar you from recovery. The primary fault often still lies with a negligent driver who hit you or a company that provided a defective scooter.

3. I’m a tourist. Do I still have rights?
Absolutely. Your rights as an injury victim are the same whether you are a Santa Monica resident or a visitor.

4. What if the driver who hit me fled the scene?
You can make a claim through your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage, even though you weren’t in a car.

5. I signed a waiver in the app. Does that mean I can’t sue?
No. Waivers can often be challenged and overcome, especially in cases of gross negligence or product defects. Do not let a waiver discourage you from seeking legal advice.

6. Do I have to pay upfront fees to hire a lawyer?
No. At Walch Law, we work on a contingency fee basis. This means you pay nothing unless and until we win a financial recovery for you.

Injured in a Santa Monica Scooter Accident? We Can Help.

Scooter accident claims are complex, but you don’t have to face them alone. The family at Walch Law has the local Santa Monica experience to take on negligent drivers, powerful scooter companies, and government entities. We move fast to preserve critical ride data and fight to overcome liability waivers so you can get the maximum compensation you deserve.

Contact us today for a free, confidential consultation. Let our family fight for yours. 1-844-999-5342