How Much Is Your Santa Monica E-Scooter Lawsuit Worth If You Weren’t Wearing a Helmet?

Electric scooters have become a convenient and popular way to navigate the beautiful streets of Santa Monica. In just minutes, you can zip from the pier to Main Street, enjoying the fresh ocean air. But this convenience comes with significant risks. E-scooter accidents are increasingly common, often leaving riders with severe injuries. If you were injured in a scooter crash and weren’t wearing a helmet, your first thought might be, “Do I even have a case?”

You may worry that because you weren’t wearing a helmet, you are automatically at fault and have no right to compensation. This is a critical and often incorrect assumption. While not wearing a helmet can complicate your case, it does not automatically bar you from recovering money for your injuries. At Walch Law, we have helped many clients in this exact situation. =

E-Scooter Helmet Laws and California’s Comparative Negligence Rule

First, it’s important to understand the law. In California, all riders of motorized scooters are required to wear a properly fitted and fastened bicycle helmet. This rule applies to everyone, regardless of age. So, if you were riding without a helmet in Santa Monica, you were violating this vehicle code.

However, this violation does not mean you forfeit your right to seek compensation. California operates under a legal standard known as “pure comparative negligence.” This rule acknowledges that multiple parties can share fault for an accident. It allows you to recover damages even if you were partially to blame.

Here’s how it works:

1. A jury or insurance company determines the total value of your damages (medical bills, lost income, pain and suffering).
2. They then assign a percentage of fault to each party.
3. Your total compensation is then reduced by your percentage of fault.

For example, imagine you are hit by a car that ran a stop sign. The total value of your claim is determined to be $200,000. Because you were not wearing a helmet and suffered a head injury, the jury decides you were 25% at fault for the severity of your injuries. Your final award would be reduced by 25%, meaning you would receive $150,000. Even with partial fault, you can still recover a substantial amount.

Factors That Determine the Value of Your E-Scooter Lawsuit

The final value of your lawsuit is not based on a simple formula. It is calculated by assessing all the ways the accident has impacted your life. Your attorney’s job is to build a case that proves the full extent of these damages.

• Severity of Your Injuries: The most significant factor is the nature and extent of your physical injuries. A case involving a traumatic brain injury (TBI), spinal cord damage, or multiple fractures will be worth substantially more than one involving only cuts and bruises.
• Total Medical Costs: This includes all past and future medical expenses related to the accident. This covers everything from the initial ambulance ride and emergency room visit to surgeries, physical therapy, rehabilitation, medications, and any long-term care you may need.
• Lost Wages and Earning Capacity: You are entitled to compensation for any income you lost while unable to work. If your injuries result in a permanent disability that prevents you from returning to your job or reduces your future earning potential, this can be a massive component of your claim.
• Pain and Suffering: This is compensation for the non-economic damages you have endured. It includes the physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and the general trauma caused by the accident.

The “no helmet” defense primarily affects the valuation of your head injuries. An experienced attorney can argue that other injuries (like broken bones, road rash, or internal damage) would have occurred regardless of whether you were wearing a helmet, thus isolating the comparative fault argument to only a portion of your damages.

Who Is At Fault If You’re Hit on an E-Scooter?

Even without a helmet, another party’s negligence is often the primary cause of the accident. It is crucial to identify who is truly responsible for the crash.

• Negligent Drivers: Many e-scooter accidents are caused by car, truck, or bus drivers who are not paying attention. Common causes include drivers making unsafe turns, failing to yield the right-of-way, opening a car door into a bike lane, or driving while distracted.
• Defective Scooters: The scooter itself may have been defective. If your accident was caused by faulty brakes, a sudden loss of power, a malfunctioning accelerator, or a structural failure, the scooter manufacturer or rental company (like Bird, Lime, or Lyft) could be held liable.
• Unsafe Road Conditions: The City of Santa Monica or another government entity may be responsible if your accident was caused by a dangerous road condition, such as a large pothole, uneven pavement, or poorly designed intersection that they failed to repair or warn about.

Critical Steps to Take After a Santa Monica E-Scooter Accident

What you do in the moments and days after a crash can significantly impact your health and the strength of your legal claim.

1. Move to Safety and Call 911: Get out of the street to avoid further injury. Report the accident to the police so an official report is created. Request paramedics if you are injured.
2. Seek Immediate Medical Attention: Get a full medical evaluation right away. Adrenaline can mask pain, and a doctor’s report creates a direct link between the accident and your injuries.
3. Document Everything: Use your phone to take photos and videos of the accident scene, the vehicles involved, any road hazards, your injuries, and the scooter’s condition and QR code.
4. Gather Information: Get the driver’s name, contact information, driver’s license number, and insurance details. Also, get contact information from any witnesses.
5. Preserve the Evidence: Do not talk about the accident on social media. Save any damaged clothing or personal items.
6. Contact an E-Scooter Accident Attorney: Do not speak to any insurance adjusters. They are not on your side. Their goal is to use your statements—especially about not wearing a helmet—to devalue or deny your claim. Contact an escooter attorney immediately who has experience winning these cases.

How Walch Law Maximizes Your Compensation

When you weren’t wearing a helmet, the insurance company will immediately try to place 100% of the blame on you. Don’t let them. If this is your scenario, you need to make sure you find the best Santa Monica escooter law firm that knows how to limit your comparative negligence role.

• Free Case Evaluation: We will listen to your story, analyze the facts of your case, and give you an honest assessment of your legal options and potential case value, all at no cost.
• Proving Negligence: We launch a full investigation to gather evidence proving the other party was at fault. This includes obtaining traffic camera footage, interviewing witnesses, and working with accident reconstruction experts to show what really happened.
• Minimizing Your Fault: We are skilled at arguing against the “no helmet” defense. We work to show that your actions were a minor factor and that the other party’s negligence was the true cause of the accident.
• Calculating Your Full Damages: We work with your doctors and other experts to document the full extent of your physical, emotional, and financial damages to ensure we are fighting for the maximum compensation you deserve.
• No Fee Unless We Win: We handle all personal injury cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we win a settlement or verdict for you.

Contact Us Today for a Free, No-Obligation Consultation

An e-scooter accident can change your life in an instant. Don’t assume you have no rights just because you weren’t wearing a helmet. Let an experienced attorney fight for the justice you deserve.

Contact the dedicated Santa Monica personal injury lawyers at Walch Law today for a free consultation. We will protect your rights and work tirelessly to secure the financial recovery you need to move forward. CALL NOW: 1-844-999-5342