Who Can You Sue After a Santa Monica E‑Scooter Accident If You Weren’t Wearing a Helmet?

Riding an e-scooter along the Santa Monica coast should be an enjoyable experience, but a sudden crash can turn a pleasant ride into a nightmare. With no protective shell, scooter riders are exposed to severe injuries, especially head injuries. A common question we hear from injured riders is, “Can I still file a lawsuit if I wasn’t wearing a helmet?”

The answer in California is yes. Not wearing a helmet does not automatically bar you from recovering compensation for your injuries. While the defense will try to use it against you, it doesn’t erase the negligence of the person or entity that caused your crash. At Walch Law, our consultations are always free and completely confidential, and we handle all personal injury claims on a contingency fee basis. This means you pay nothing unless we win a financial recovery for you.

Understanding Comparative Negligence in California

California follows a “pure comparative negligence” rule. This legal doctrine means that even if you are found to be partially at fault for your own injuries, you can still recover damages. Your total compensation will simply be reduced by your percentage of fault.

This is where the helmet issue comes into play. An insurance company will argue that by not wearing a helmet, you contributed to the severity of your own head injury.

• Helmet Law for Minors: California law requires riders under 18 to wear a helmet. For adults, there is no statewide mandate, but local ordinances may apply.
• Causation is Key: The defense can’t just point to the lack of a helmet. They must prove, with expert testimony, that your failure to wear a helmet actually caused or worsened your specific head injury.
• Irrelevant for Other Injuries: The helmet argument is irrelevant for injuries unrelated to your head, such as a broken arm from a dooring accident or a spinal injury from being rear-ended.

An experienced Santa Monica escooter lawyer knows how to fight back against these tactics and ensure the focus remains on the primary cause of the accident.

Who Can Be Held Liable for Your E-Scooter Accident?

A thorough investigation often reveals that multiple parties share blame for a single scooter crash. Identifying every potential defendant is crucial for maximizing your recovery.

• Negligent Drivers: This is the most common cause. A driver who makes an unsafe right hook, opens a door into a bike lane, fails to yield at a crosswalk, or is texting and driving can be held liable. If they were working at the time (e.g., a delivery driver), their employer may also be responsible.
• Scooter Companies (Lime, Bird, etc.): These companies have a duty to maintain their scooters in a safe condition. You may have a claim against them for a product defect or maintenance failure, such as faulty brakes, a sticking throttle, a broken steering stem, a software glitch, or a battery fire.
• Property Owners and Businesses: A commercial property owner can be liable for a fall caused by a dangerous condition, such as a broken sidewalk, a large pothole, construction debris, or spilled liquids from a restaurant blocking a path.
• The City of Santa Monica: In some cases, the city can be held liable for a “dangerous condition of public property,” like a hazardous pothole or missing signage they failed to address. These claims are difficult and have a very strict 6-month deadline to file a formal government tort claim.
• Other Riders or Pedestrians: A cyclist, another scooter rider, or a pedestrian who suddenly creates a hazard can also be at fault.

How Not Wearing a Helmet Affects Damages, Not Liability

The helmet issue is about the amount of damages you can recover for a head injury, not about who is liable for causing the crash in the first place.

Imagine a driver runs a stop sign and hits you. They are 100% liable for causing the crash. However, if you suffered a head injury, their insurance company might hire a biomechanical expert to argue that your skull fracture would have only been a mild concussion if you had worn a helmet. If a jury agrees and assigns you 20% fault for the severity of that specific injury, your compensation for the head injury would be reduced by 20%.

Your lawyer’s job is to counter this with our own medical experts and evidence, demonstrating the true forces of the crash and arguing that a helmet may not have prevented your specific injury.

Evidence to Collect Immediately After the Crash

Preserving evidence is critical. The moments after a crash are chaotic, but try to gather the following if you are able:

• Official Reports: Call the Santa Monica Police Department (SMPD) to file a report.
• Photos and Videos: Document the scene, the scooter, the other vehicle, the hazard that caused the fall, and your injuries.
• Scooter Information: Take screenshots of the app showing your ride log, the scooter’s ID or serial number, and its location.
• Driver Information: Get the driver’s name, license plate, and insurance information.
• Witness Contacts: Get names and phone numbers of anyone who saw what happened.
• Request Footage: Ask nearby businesses if they have CCTV footage. An attorney can send formal preservation letters.
• Report Hazards: If a public hazard was involved, report it to the City of Santa Monica’s 311 or GoSC system.
• Preserve Your Gear: Do not throw away your damaged clothing or personal items.

The Claims Process and Critical Deadlines

After an accident, you will be dealing with insurance adjusters. Do not give them a recorded statement or sign any documents before speaking to the best Santa Monica escooter lawyer you can find. Remember these key points:

• Statute of Limitations: You generally have two years from the date of the accident to file a lawsuit.
• Government Claims: You only have six months to file a formal claim against a public entity like the City of Santa Monica.
• Arbitration Clauses: The user agreements for scooter apps contain arbitration clauses. An experienced attorney can develop strategies to handle these clauses effectively.

Damages You Can Recover

A successful claim can provide compensation for all of your losses, including:

• Past and future medical bills (ER visits, surgery, physical therapy, neurology).
• Lost wages and diminished future earning capacity.
• Property damage (broken phone, etc.).
• Physical pain and suffering.
• Scarring and disfigurement.
• Emotional distress and trauma.

How Walch Law Fights for You– Winning Santa Monica escooter Law Firm

When you hire Walch Law, you get a dedicated team that will:

• Conduct a swift and thorough investigation to establish fault.
• Retain top experts (accident reconstruction, biomechanics, product engineers) to build your case and counter the “no-helmet” defense.
• Identify every defendant and all available insurance policies (auto, commercial, products liability, umbrella).
• Negotiate with medical providers and health insurers to reduce liens on your settlement.
• Develop a powerful legal strategy to hold the at-fault parties fully accountable.

Don’t let an insurance company bully you into thinking you don’t have a case just because you weren’t wearing a helmet. If you were injured in an e-scooter accident in Santa Monica, contact Walch Law today for a free, no-obligation consultation to learn how we can protect your rights and fight for the compensation you deserve. CALL NOW.