Injured on an E-Scooter in Santa Monica? How to File a Personal Injury Lawsuit With Walch Law

Electric scooters have become a permanent fixture of life in Santa Monica, offering a convenient and fun way to navigate the city, from the beach path to the Promenade. But when a ride goes wrong, the consequences can be devastating. Without the protection of a vehicle, scooter riders are incredibly vulnerable to serious injuries, including broken bones, road rash, and traumatic brain injuries.

If you were injured in an e-scooter accident caused by someone else’s negligence, you have the right to seek compensation for your medical bills, lost wages, and suffering. Navigating the legal process can be complex, especially when multiple parties might be at fault. At Walch Law, our consultations are always free and confidential. We handle all personal injury claims on a contingency fee basis, meaning you pay nothing unless we win a recovery for you.

Who Can Be Held Liable for a Scooter Accident?

One of the most complex aspects of an e-scooter case is identifying all potentially responsible parties. Liability is not always straightforward and can extend beyond just one person or entity.

• Negligent Drivers: A driver who makes an unsafe right turn in front of a scooter, opens a car door into a bike lane, or is distracted and fails to yield can be held liable.
• Scooter Companies: Companies like Lime or Bird can be responsible if the accident was caused by a mechanical failure, such as defective brakes, a faulty steering column, or a software glitch that they knew or should have known about.
• Property Owners: A commercial property owner can be liable if a dangerous condition on their sidewalk, like a large crack, pooled water, or construction debris, causes a crash.
• Bars and Restaurants: A business that allows spills or hazards to block a public right-of-way could be held responsible for a resulting fall.
• The City of Santa Monica: In limited cases, the City can be liable for a “dangerous condition of public property,” like a massive pothole they failed to repair. However, these claims have very strict and short notice deadlines.
• Other Liable Parties: Other scooter riders, delivery vehicle drivers, or pedestrians who act negligently can also be at fault.

It is also important to understand California’s “comparative negligence” rule. An insurance company may try to argue you were partially at fault—for instance, if a minor was riding without a helmet or a rider was on a sidewalk where it was prohibited. Even if you are found partially at fault, you can still recover damages, but your award will be reduced by your percentage of fault.

Common Accident Scenarios on the Westside

While an accident can happen anywhere, we often see them occur in specific high-traffic areas and situations in Santa Monica:

• Bike Lane Conflicts: Crashes are common in the busy bike lanes along Ocean Avenue and streets feeding to the PCH, where cars, scooters, and cyclists all compete for space.
• “Doorings”: Riders are frequently injured when a driver or passenger suddenly opens a car door into their path on commercial streets like Main Street, Arizona Avenue, or Wilshire Boulevard.
• Scooter Malfunctions: A scooter’s brakes may fail or the throttle can stick, causing a crash on the beach path or other dedicated routes.
• Dangerous Pavement: Uneven sidewalk slabs, deep potholes, or unmarked curbs on streets like Broadway or Pico Boulevard can cause a rider to be thrown from their scooter.
• Crosswalk Collisions: Pedestrians and riders are often hit by cars failing to yield in busy crosswalks near the Third Street Promenade and the Colorado Esplanade.

Critical First Steps After an E-Scooter Crash

What you do in the moments and days after a Santa Monica E-scooter accident can significantly impact your health and your legal claim.

1. Seek Emergency Medical Care: Your health is the priority. Go to an ER or urgent care to be evaluated, especially for a potential head injury.
2. Report the Incident: Call the Santa Monica Police Department (SMPD) or CHP if on a state highway. An official police report is critical evidence.
3. Document the Hazard: If a public hazard caused your fall, report it to the City through the Santa Monica 311 system or the GoSC app. This creates a record.
4. Preserve the Scooter: Do not end your ride in the app right away. Take screenshots of the ride details, scooter ID number, and route. Take photos of the scooter itself, especially any visible defects.
5. Document the Scene and Injuries: Take photos and videos of the accident location, the hazard that caused the crash, your injuries, and any property damage.
6. Get Witness Information: Get the names and phone numbers of anyone who saw what happened.
7. Save Everything: Keep your damaged helmet, torn clothing, and broken phone. Do not throw them away.
8. Stay Off Social Media: Do not post anything about the accident, your injuries, or your recovery online. Insurance companies will use it against you.

How an E-Scooter Lawsuit is Proven

Building a successful case requires strong evidence to prove negligence. Your attorney will work to gather:

• Police reports and witness statements.
• CCTV, traffic camera, or doorbell camera footage.
• Scooter app data showing your ride route, speed, and braking patterns.
• Maintenance logs and manufacturing records from the scooter company.
• Premises maintenance records or city service requests about a known hazard.
• Expert testimony from accident reconstructionists, product engineers, or human factors specialists.

We will also handle all communications with insurance companies, protecting you from giving a recorded statement or signing a broad medical release that could damage your case. It is crucial to act quickly, as the statute of limitations to file a lawsuit is generally two years from the date of the injury. For claims against a public entity like the City of Santa Monica, you must file a formal Government Tort Claim within just six months.

Damages You Can Recover in a Lawsuit

The goal of a personal injury lawsuit is to make you “whole” again by providing financial compensation for all of your losses. This can include:

• Economic Damages: All current and future medical bills (ER visits, surgery, physical therapy), lost wages, and reduced future earning capacity.
• Non-Economic Damages: Compensation for physical pain, suffering, emotional distress, scarring, and loss of enjoyment of life.
• Property Damage: The cost to replace your damaged helmet, phone, or other personal items.
• Punitive Damages: In rare cases of extreme recklessness, such as a crash caused by a drunk driver, punitive damages may be awarded to punish the wrongdoer.

How Walch Law Can Help Your Santa Monica Case

After an injury, you need to focus on healing. Let our family handle the fight for justice. The team at Walch Law will:

• Launch a rapid investigation to preserve critical evidence.
• Identify all potential defendants and all applicable insurance policies.
• Coordinate with medical specialists to ensure you get the care you need.
• Negotiate with your health insurer to reduce medical liens, maximizing your net recovery.
• Develop a powerful legal strategy to negotiate a fair settlement or take your case to trial.

If you were injured in an e-scooter accident in Santa Monica, don’t face the complex claims process alone. Contact us today for a free, no-obligation consultation to learn how we can help. 1-844-999-5342