What to Expect in an Electric Scooter Accident Claim

Almost all victims can expect an out-of-court settlement in an electric scooter or other injury claim. About 95 percent of civil claims settle out of court. Finality is probably the biggest advantage of a settlement over a court verdict. Defendants often tie up verdicts in appeals courts, but when a case settles, the defendant immediately writes a check. As outlined below, a favorable settlement is a process, not a result. Such outcomes don’t just happen by themselves.

A good Carlsbad personal injury lawyer takes basically the same approach to settlement negotiations as trials. Well-prepared negotiators are usually successful negotiators. This preparation includes a thorough legal review and diligent evidence collection. Then, once settlement talks begin, a good lawyer knows when to stand firm and when to compromise, so victims get maximum compensation at the earliest possible moment.

Determining Liability

Multiple parties could be legally responsible for electric scooter injuries. A Carlsbad personal injury lawyer must choose and pursue the correct course of action.

Typically, small electric scooters operate in downtown areas with poor sight lines for drivers and lots of traffic that obscures vision even more. Therefore, driver inattention, or another form of driver error, causes most electric scooter accidents.

This driver error could be operator impairment, like alcohol impairment, or aggressive driving, like speeding.

Furthermore, most electric scooters are exposed to the elements 24/7/365, and most owners don’t carefully maintain them. As a result, mechanical breakdowns are common. Most electric scooter riders have little or no experience. They cannot distinguish between a working electric scooter and a broken one until something goes wrong.

If the electric scooter was mechanically defective upon delivery, the manufacturer could be strictly liable for any resulting injuries.

We cannot ignore operator error. As mentioned, most electric scooter riders have little or no operating experience. Furthermore, many electric scooters have very powerful engines. If the victim’s negligence substantially contributed to the accident, the court will reduce the victim’s compensation in accordance with his/her percentage of fault.

Collecting Evidence

The police accident report is usually the most important, and also often the most misleading, bit of evidence in an electric scooter accident claim.

Accident reports include the names and contact information of eyewitnesses. So, they’re a jumping-off point for additional evidence collection. Additionally, the accident report narrative usually reconstructs the accident.

We should say the accident report records the names of some eyewitnesses. More than likely, someone else saw something as well. These additional statements might or might not corroborate the police report’s narrative. This narrative could also be inaccurate if the victim died, because in this case, the report only includes one side of the story.

Fatal injuries are common in these cases. Most riders don’t wear helmets or any other protective gear. Moreover, as mentioned above, these vehicles are deceptively powerful. Powerful vehicles usually mean serious injuries.

Resolving the Claim

Usually, meaningful settlement negotiations cannot begin until after medical treatment is at least substantially complete. If a case settles too soon, the settlement won’t account for future medical expenses, meaning that the victim is financially responsible for them.

So, most electric scooter injury claims settle during mediation. A third-party mediator oversees negotiations and ensures that both sides negotiate in good faith. In other words, they cannot simply go through the motions. They must make reasonable offers and counteroffers, based on the items discussed above.

Rely on a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

judicature.duke.edu/articles/going-going-but-not-quite-gone-trials-continue-to-decline-in-federal-and-state-courts-does-it-matter/