Can You File a Claim If an E-Scooter Malfunctions?

Electric scooters, or e-scooters, offer a cost-effective and eco-friendly way to travel around a city. In Lancaster, e-scooters have gained immediate popularity, with many residents choosing this over conventional methods of transportation. However, e-scooters do not always function as they should, with a malfunction potentially causing serious and catastrophic injuries.

Depending on the circumstances of the malfunction, you may be able to sue the designer, manufacturer, supplier, or retailer. At HGSK Injury Lawyers, our Lancaster personal injury attorneys have successfully helped countless e-scooter accident victims and are ready to assist you. We will investigate your claim to determine which parties should be held accountable for your injuries.

Types of E-Scooter Malfunctions

Common ways that an e-scooter can malfunction include the following.

Brake Failure

Brake failure may be due to worn-out brake pads, hydraulic brake fluid leaks, or improper brake alignment. If the failure has to do with the electronic braking system, this may be due to a software or sensor issue. No matter the reason, brake failure can cause you to lose control of the scooter, leading to serious injuries.

The Post Can Break Off

The post is the pole that connects the deck (the flat platform where the rider stands) to the handlebars. If the post is inadequately secured, it can fall or break off. Depending on your speed, you could experience catastrophic injuries or even death.

Sticky Throttle

The throttle is the handlebar-mounted control, allowing the user to adjust the scooter’s speed. A sticky throttle may be caused by debris entering the throttle mechanism, friction from the handle grips, or basic wear and tear. A sticky throttle can prevent a rider from accelerating as needed, putting them in significant danger on a busy street.

Loose Handlebars

Before getting on an electric scooter, it is important that you check to see that the handlebars are tightly secured. Loose handlebars can make it difficult to keep your balance, causing you to lose control. If the handlebars pop off during your ride, the consequences may be lethal.

Scooter Turns Off in the Middle of the Ride

An e-scooter that cannot maintain a charge or has a battery that runs out in the middle of a ride will turn off. This is not the only reason that an electric scooter may shut off prematurely. Scooter-sharing companies use geofencing, which is an electronic boundary designed to keep an e-scooter within a certain perimeter. If you cross a geofence, you risk having the electric scooter shut off on you without warning. This could happen in the middle of a busy intersection, placing you and other road users in danger.

Potential Damages in an E-Scooter Accident

In a personal injury suit, damages are designed to make the injured party “whole” again. In an e-scooter accident, injured parties may experience significant economic and/or non-economic damages. Collectively, these damages are known as compensatory damages. Whereas economic damages are direct financial losses, non-economic damages are intangible losses that impact a person’s quality of life.

Economic Damages

Economic damages in an e-scooter accident often include:

• Ambulatory services
• Emergency room care
• Medical imaging and/or laboratory tests
• Surgeries and procedures
• Prescription costs
• Rehabilitative therapies (i.e., physical therapy, occupational therapy, talk therapy)
• Home modifications (i.e., widening doorways to accommodate a wheelchair or installing a stair lift)

Non-Economic Damages

Non-economic damages in an e-scooter accident often include:

• Pain and suffering
• Infliction of emotional distress
• Humiliation
• Damage to reputation
• Loss of consortium (derivative claim)
• Scarring and/or disfigurement
• Permanent disability

Punitive Damages

In rare circumstances, you may be able to recover punitive damages. For instance, punitive damages will be awarded if the e-scooter company rented out the scooter knowing that it had a defect. Since punitive damages are designed to punish the defendant and deter society from similar behavior, the plaintiff must meet a higher burden than compensatory damages. This burden is known as clear and convincing evidence. Clear and convincing evidence means that it is highly and substantially likely that the facts you present are true. If you are seeking punitive damages, you must let our legal team know so that they can request them in the initial complaint (legal document filed with the court that initiates a lawsuit).

Assistance with Legal Recovery

You cannot be expected to know what damages you may be eligible to recoup in an e-scooter crash. Our personal injury attorneys at HGSK Injury Lawyers will assess your case to determine the dollar amount of damages to which you are entitled. We will also help you gather relevant evidence as proof of your losses. Given the lack of protection an e-scooter provides a rider, accident victims often experience head injuries and facial disfigurement or scarring. This can lead to substantial medical bills and rehabilitative treatments. Fortunately, Pennsylvania sets no cap on compensatory or punitive damages in a personal injury claim, making you eligible to recover the entirety of your losses.

Contact Our Lancaster Personal Injury Lawyers

Although electric scooters are designed to be a fun and convenient way to get around, they do pose inherent risks. If you have been injured while riding an e-scooter, HGSK Injury Lawyers is available to advocate for you. Between medical bills, lost wages, and damaged personal relationships, you may feel like your world is falling apart before your eyes. To schedule a free consultation with one of our Lancaster personal injury attorneys, contact our office online or by phone at (267) 551-8782.