The legal team at Maison Law is here to represent scooter riders who have been involved in an accident caused by a pothole in Merced. If you or a loved one has been the victim of a one-vehicle accident or an accident involving multiple vehicles that was the result of a pothole in a road in Merced, make time to reach out to Maison Law for a free consultation. You will meet with a scooter accident lawyer for a complete case evaluation and to answer your questions regarding the legal merit of the case and your options.
For broader guidance, see our Merced scooter accident page.
Do I Need a Merced Scooter Accident Lawyer
All accident injury victims need to understand that they do not need to have legal representation to pursue a personal injury lawsuit related to a scooter accident in Merced caused by a pothole. The legal system does permit accident injury victims to represent themselves. However, you should also keep in mind that there is no exemption for you when following the strict preparation and filing processes for the case.
But before deciding if you need a lawyer for your lawsuit, you should evaluate whether you will pursue legal action. If the incident resulted in minimal damages, you can settle out of court and wrap up the process as swiftly as possible. However, in cases with extensive damages like medical expenses and destruction of your scooter, hiring a Maison Law scooter accident lawyer is the best way to eliminate stress, allow yourself to fully focus your energy on healing, and even secure a larger settlement. Experts agree that a scooter accident lawsuit handled by a scooter accident lawyer, instead of the victim, will typically provide a larger award or settlement amount.
Request Your Free Scooter Accident Caused by a Pothole Consultation Today
The team at Maison Law is dedicated to ensuring that scooter accident victims and all victims of personal injuries understand how the legal system was designed to protect them. We are eager to provide this information at your free consultation with a skilled scooter accident lawyer as well as the details of a case evaluation to define the legal merit of your case. If you have grounds for a lawsuit because of your Merced scooter accident caused by a pothole, we will explain why and how you can proceed with legal action. Finally, even after gaining this valuable information, you are never obligated to hire Maison Law or take any legal action.
Calculating The Value of a Merced Scooter Accident Caused by a Pothole
Many factors will impact the value of any lawsuit. In the case of your scooter accident in Merced caused by a pothole. The variable that will have the most influence on most accident lawsuits is the severity of the injuries to the victim and the damage to the vehicle. You will work with your Maison Law scooter accident lawyer to compile all of your economic and non-economic damages to determine the value of your case and the compensation you seek.
The economic damages in a lawsuit are often easy to identify because they have a specific dollar value. These items often include:
- All current medical expenses related to your scooter accident
- The estimated cost of future medical care that will be needed for your scooter accident injuries
- The cost of transportation to medical appointments
- Any cost associated with counseling or therapy to address the trauma and emotional damage from the scooter accident
- The cost to repair or replace your scooter
- Your lost wages if the scooter accident injuries prevented you from working until you were healed
- Any future loss of earning potential if the scooter accident injuries create limitations or disabilities that will negatively impact your future income
The other aspect of damages is focused on less monetarily defined losses you suffer. These are things that impact your daily life and the enjoyment you derive from them, in most cases. You and your Maison Law accident lawyer in Merced will work to determine a reasonable monetary value to use when seeking compensation for these losses or non-economic damages, which include:
- Pain and suffering
- Loss of enjoyment in activities like travel, participation in sports, and riding your scooter
- Inability to contribute to the lives of your loved ones
- Loss of consortium
- Scarring and disfigurement
- Emotional hardships such as anxiety, PTSD, fear or panic issues, or a lack of ability to sleep
Determining Liability for a Pothole Accident in Merced
While most scooter accidents are straightforward and the liable party is often involved in the incident, when a pothole in the road causes the accident, you are left wondering whom to hold accountable. The list of liable parties depends on the location of the accident and the entity that owned the street and failed to repair the pothole that caused the incident. In Merced, there are several possibilities of ownership and responsibility for a public street or roadway, including:
- The City of Merced
- Merced County
- The State of California and more specifically, the Department of Transportation or CALTRANS as it is also known
If the Merced scooter accident occurred in an area that was privately owned, such as a street in a gated community or parking lot, then you will pursue legal action against the property owner. They are responsible for keeping the road surface in a safe and hazard-free condition.
Time Limit to Pursue a Scooter Accident Caused by a Pothole Lawsuit
Most pothole accidents in Merced are the responsibility of a government entity or agency. In these cases, the Statute of Limitations to file your lawsuit is only six months from the date of your injuries. This limited time is strictly enforced, and once it has passed, you will no longer have the right to pursue legal action related to the pothole accident. If you were involved in a Merced scooter accident caused by a pothole that occurred on private property, you will have a full two years to file a lawsuit to secure compensation for your losses. But again, even though the time limit is longer, it is strictly enforced, and your case will need to be filed with the court before the two years have passed.
Frequently Asked Questions About Scooter Accidents in Merced Caused by a Pothole
Can I pursue legal action for my Merced pothole accident if I did not have a license at the time of the incident?
While anyone operating a scooter in California is required to have a license or learner's permit, not having that documentation at the time of the accident does not prevent you from taking legal action. Not having a license did not affect the cause of the accident or the outcome and will not stop you from exercising your legal right to seek justice for harm caused by another person’s negligence. However, it could mean that you might face shared liability for the incident.
Could I be found partially liable for the pothole accident and still be able to seek compensation for the damages I suffered?
California is a comparative negligence state. That means that more than one person or party can be held accountable for an accident. In these instances, the court will assign a percentage of liability to each party who shares the responsibility for the incident. As a liable party and a victim, you can file a lawsuit to seek compensation for your share of the losses and expenses equal to the amount of liability assigned to the other parties involved. If you were 25% responsible, you can seek up to 75% of your damages from the other liable parties.
How does negligence per se impact my scooter accident lawsuit?
If you were not wearing a helmet when you were involved in a scooter accident or you did not have a license to operate the scooter, you could face a citation and even be assigned a share of the blame for the incident. However, under negligence per se, if the violation you committed has no bearing on the accident or did not contribute to it, you may be permitted to seek full compensation for the damages caused by the incident.
Contact A Merced Scooter Accident Lawyer
If you were hurt in a Merced scooter accident caused by a pothole in the road, reach out to Maison Law today for a free consultation with a skilled scooter accident lawyer. You will discuss the case and learn about the legal merit of your case and whether you have grounds to file a lawsuit to seek compensation for your losses. Then the choice to move forward is always up to you and what you feel is in your best interest.
If you hire Maison Law to represent you in this matter, our firm will never require you to pay any out-of-pocket fees. We work only on contingency, so our clients are never forced to make a choice that could add to the monetary hardships when they need legal services. Our firm gets paid after the matter is resolved, and you can use your settlement or the compensation awarded to you to pay all your legal costs.
