Injuries from scooter accidents occur more often in the City of Tulare than one might think. With so many scooter-friendly streets, like Bardsley Avenue and Tulare Avenue, it’s only a matter of time before a scooter rider gets into an accident with another vehicle, bicyclist, or pedestrian. This is especially true because scooter riders often share the road with vehicles. And even though scooters aren’t usually allowed on Tulare’s sidewalks, many pedestrians on sidewalks frequently encounter scooters.
If you or someone close to you has been hurt in a Tulare scooter accident, you may be entitled to damages for the harm you suffered. How you get this compensation depends on what happened and whether you seek the assistance of a scooter personal injury attorney, like one from Maison Law. To get started with your recovery, contact us today to set up a free, no-obligation consultation and case review.
What Causes Tulare Scooter Accidents?
Scooters can crash for any number of reasons, but among the most common are:
- Speeding
- Distracted driving
- Traffic law violations
- Operating a vehicle (or scooter) while under the influence of drugs and/or alcohol
- Road hazards, including potholes.
How Potholes Cause Scooter Accidents
A scooter can’t typically handle potholes very well, which makes sense given its light weight and small size compared to a regular vehicle. So when a scooter rider encounters a pothole, it can lead to a more catastrophic accident that causes serious injury. The pothole will often result in the scooter:
- Losing traction, resulting in the inability to steer or brake.
- Causing its rider to lose their balance, which can cause a crash or the rider to take evasive maneuvers to try and regain their balance.
- Suddenly stopping when the rider tries to avoid the pothole. This sudden stop can increase the chances of the rider getting thrown off their scooter.
Common Injuries Resulting From Scooter Accidents
If a scooter rider is unfortunate enough to get into a crash, they can suffer significant injuries that often require hospitalization and long-term treatment and rehabilitation. Some of the injuries include:
- Fractured jaw and/or damaged teeth
- Broken ribs
- Lacerations and “road rash”
- Broken collarbone
- Damage to internal organs
- Shoulder injuries
- Traumatic brain injuries (TBI)
- Neck, spine, and/or nerve damage
- Knee injuries
- Orbital fracture
- Broken wrist
When It’s Time To Talk to a Personal Injury Attorney
Not all scooter accidents require you to hire an attorney. Even if you were injured, it’s possible that you could receive fair and full compensation for the financial, physical, and emotional harm suffered from the accident. However, this is fairly rare, as most at-fault parties and their insurance companies work very hard to avoid paying anything (or as little as possible). Therefore, if one or more of the below situations apply to you, you should consider contacting a scooter personal injury lawyer to ensure you get fair compensation.
- You suffered serious injuries. If you required hospitalization and/or long-term treatments, the compensation for your medical bills alone could lead to a protracted and highly contested insurance claims process or litigation.
- There’s a question as to who’s at fault. If the responsible party is denying fault for the accident, or claims you’re also at fault for your injuries, you should have an attorney to help you assess liability.
- There are multiple at-fault parties. Whenever there are two or more entities that could have to pay you for what happened, there’s an increased chance that they start pointing fingers at each other as to who should have to pay and how much they should pay. It can also make things more complicated in terms of arranging a settlement agreement and coordinating litigation.
- Someone died. If you lost a loved one to a scooter accident, then you might have a wrongful death claim. This can dramatically increase the value of your case, which in turn, can result in the responsible parties fighting harder to deny liability or low-ball you with a settlement offer.
Information To Bring to the Initial Consultation
Before you hire an attorney, you’ll want to meet with them first. This first meeting is often referred to as an initial consultation or case evaluation. During this time, you’ll meet with an attorney who will examine the facts of the accident and let you know if you have a case. If you do have a legal claim, they’ll explain how to go about recovering compensation. To make the most of the initial consultation, you’ll want to properly prepare for it by:
- Writing up detailed notes about what happened, including a timeline of events before and after the accident.
- Listing out key individuals, including their names, why they’re important, and their contact information. This will include experts who have worked with you, such as doctors, as well as witnesses to the accident.
- Gathering information about your job, such as how much you earn, who you work for, and dates of employment.
- Organizing and documenting your prior medical history. This is important because the at-fault parties may try to argue that the accident didn’t create a new injury, but instead, aggravated an existing injury.
- Noting your history of legal actions. If you’ve been involved in prior lawsuits, it’s best to run these by your prospective attorney. These lawsuits are sometimes relevant to your new case and will help develop future legal strategies.
- Documenting your social media presence. Your future attorney will want to know how much information about your accident is already available to the general public, especially if it includes photos or video relating to the accident.
What If I’m Partially At Fault for Causing the Accident?
If you played a part in causing your scooter accident, it may affect how much compensation you can receive. However, even if it does, you’ll still likely be able to recover at least some damages because California is a pure comparative negligence state. This means that whatever compensation you would otherwise receive gets reduced by your level of fault.
For example, if you were supposed to receive $80,000 from the at-fault party, but a court concludes you were 50% at fault for the accident, you would instead receive $40,000 ($80,000 x 50% = $40,000; $80,000 – $40,000 = $40,000). The challenging part of dealing with pure comparative negligence is figuring out what your level of fault is. A swing of just 5% or 10% can mean the difference of thousands of dollars. This is why having a good personal injury lawyer on your side is so important.
Potential Compensation You Can Recover After a Scooter Accident in Tulare
If you’re hurt while riding a scooter in Tulare, you could be eligible to receive damages that fit into one or more of the below categories:
- General Damages: These are non-economic damages that often compensate you for psychological harm, like pain and suffering, loss of consortium, and/or emotional distress.
- Special Damages: These are intended to compensate you for the financial harm suffered due to the accident. They cover things like unpaid medical bills, future medical treatments, lost income, and daily living expenses.
- Punitive Damages: The goal of punitive damages isn’t to compensate you, but to punish the responsible person or entity for the accident. A court won’t award punitive damages unless the defendant’s conduct was especially egregious or abhorrent. This usually includes intentional, reckless, or grossly negligent conduct.
- Wrongful Death Damages: If the scooter accident resulted in someone dying, additional damages for close relatives may be available for things like medical costs, burial fees, and funeral costs.
Talk to a Tulare Scooter Accident Lawyer Today
If you’ve been affected by a scooter accident that occurred in Tulare, you should talk to an attorney from Maison Law. We’ve handled numerous scooter and other personal injury cases, so we know what it takes to fight the insurance companies and responsible parties to get fair compensation for our clients. To see what we can do for you, contact us today. There’s no cost for the consultation or for anything else unless we recover money on your behalf.
