Boulder Electric Scooter Accident Lawyer

Electric scooters — sometimes known as “e-scooters” — are increasingly popular in cities throughout the country. As a local example, the City of Boulder has partnered with Lime to deploy 200 e-scooters east of 28th Street. If successful, the pilot program will likely expand throughout the city.

Of course, the more scooters there are on roads and sidewalks, the greater the risk that they will be involved in accidents. If you are injured in one of these accidents, you may be entitled to compensation and should not hesitate to speak with an attorney.

The injury attorneys at The Wilhite Law Firm are here to fight for you. Since 1977, we have helped accident victims throughout Colorado secure the compensation they deserve. We are ready to do the same for you. Contact us today for a free consultation with an experienced Boulder electric scooter accident lawyer.

The Rise of Electric Scooters

E-scooters are small, motorized vehicles operated by a driver standing on a platform and using a throttle. Though some e-scooters are privately owned, most riders activate commercial e-scooters using an app on their smartphone. Most e-scooters can travel at speeds up to 15-20 miles per hour. Riders need little to no training to operate one of these vehicles and are generally not required to wear helmets.

Commercial riders normally pay based on how much time they log per ride. Subject to certain restrictions and local regulations, they may park the e-scooter in public areas like sidewalks and parks. Trips tend to be short, lasting around 11-12 minutes on average.

Boulder is not the only community seeing an increased number of commercial e-scooters on its streets. According to the National Association of City Transportation Officials (NACTO), there were 86 million e-scooter trips within the United States in 2019. This represents a 60 percent increase from the previous year.

By far, the most prominent companies offering e-scooter rentals are Bird and Lime, both founded in 2017. Within 14 months of launching, Bird offered its services in 120 cities, reached 10 million rides, and raked in more than $100 million in annual revenue. Similarly, Lime currently operates in more than 200 cities and has surpassed 250 million rides worldwide.

Are There Laws Governing Electric Scooters in Colorado?

Many state and local governments have struggled to keep up with the rapid rise of e-scooters. Not so in Colorado. In 2019, the Colorado General Assembly passed House Bill 19-1221 “concerning the regulation of electric scooters.”

By excluding e-scooters from the definition of “toy vehicles,” the law permits the use of these vehicles on both sidewalks and roadways. The law also gives e-scooter riders the same rights as riders of electric bicycles — and the same responsibilities.

Local governments may adopt more restrictive regulations, including prohibiting e-scooters on pedestrian paths. However, local governments cannot regulate them in a manner more restrictive than e-bikes. Contact our Boulder e-scooter accident attorney today.

What Makes Electric Scooters Dangerous?

E-scooters are understandably popular, especially in certain urban areas. However, though e-scooters are convenient and even entertaining, they can also be dangerous. Contributing factors include:

• No training or experience required – E-scooter providers require no training or experience from their customers. According to a survey conducted by the Insurance Institute for Highway Safety (IIHS) in Washington, D.C., nearly 40 percent of injured riders were hurt on their first ride.
• Lack of protective gear – Very few e-scooter riders wear helmets. Many do not even wear appropriate footgear or clothing. As a result, these riders are more susceptible to serious injuries in the event of an accident.
• Speed – E-scooters can operate at 15-20 miles per hour. This might not seem fast compared to standard vehicles capable of moving at highway speeds. However, without protective gear, these speeds are enough to cause serious injuries, especially in collisions involving larger vehicles.
• Distracted riders – Many riders use e-scooters for fun. When used in this manner, operators may treat their e-scooter more like a bicycle or skateboard instead of a roadway vehicle. This relaxed attitude may lead to accidents and injuries.
• Unpredictability – Depending on local regulations, e-scooters can be driven on both roads and sidewalks. This flexibility can sometimes make it difficult to predict where an e-scooter rider will go. As a result, pedestrians and drivers of other vehicles may not see them coming in time to avoid an accident.

What Are Common Injuries in Electric Scooter Accidents?

From cuts and bruises to concussions and internal organ damage, e-scooter accidents can lead to a variety of injuries. However, some parts of the body are more susceptible than others. According to a study of e-scooter injuries in Texas, the most common injuries are:

• Head injuries (45 percent)
• Bone fractures in the hands and arms (27 percent)
• Bone fractures in the feet and legs (12 percent)

Who May Be Liable in an Electric Scooter Accident?

If you were involved in an e-scooter accident caused by someone else’s carelessness, you are likely entitled to compensation. Potential at-fault parties in e-scooter accidents include:

What Damages Are Available in an Electric Scooter Accident Lawsuit?

Compensation in each case will vary widely depending on the nature of the accident and the severity of the injuries sustained. Therefore, each accident should be evaluated on a case-by-case basis. That said, if you were injured in an e-scooter accident, you might be entitled to compensation for:

Is There a Time Limit in Colorado for Filing an Electric Scooter Accident Claim?

Yes. All personal injury cases are governed by a deadline known as the statute of limitations. In Colorado, the deadline for personal injury and wrongful death cases is set at two years from the date of the accident. However, if the accident involved a motor vehicle, the deadline is extended to three years from the date of the accident.

Subject to very few exceptions, your case seeking compensation for your injuries will be dismissed in court if it is not filed before the deadline passes. Avoid this by speaking with a personal injury attorney as soon as possible after your accident. The injury attorneys at The Wilhite Law Firm are here to help. Talk to a Boulder e-scooter accident attorney at The Wilhite Firm today.

What to Do After an E-Scooter Accident

The aftermath of an e-scooter accident can be traumatic, so it is important that you take steps to protect yourself. Take the following steps:

Get Medical Attention Right Away

Your health comes first. Even if injuries seem minor, it is important to seek medical care as soon as possible. E-scooter crashes often involve falls onto pavement or collisions with vehicles, which can lead to a range of serious injuries. Seeing a doctor also creates a paper trail that proves you took the time to treat your wounds.

Report the Accident

If a motor vehicle was involved or someone was seriously injured, call the police and request an accident report. Officers will appear on the scene and take a report. That report can be invaluable to your attorney.  

Gather Evidence at the Scene

If you are physically able, collect as much information as possible before leaving the scene. Take photographs of the scooter, vehicles involved, visible injuries, road conditions, and traffic signals. You should also collect contact information for any witnesses as well.

Avoid Speaking with Insurance Companies Alone

Soon after the accident, you may receive calls from insurance adjusters or representatives from the scooter company. They may ask for a recorded statement or request that you sign documents. Never speak with these representatives without talking with your Boulder e-scooter crash lawyer first.

How an Electric Scooter Injury Attorney Can Help

Our team can help you build a winning case for compensation in the following ways:

Investigating the Crash

Our attorneys start with a thorough investigation of the accident. This may involve reviewing police reports, interviewing witnesses, examining surveillance footage, and inspecting the scooter itself.

Identifying Potential Defendants

Scooter accidents can involve multiple parties, each with its own insurance coverage. Before you can file a lawsuit or submit an insurance claim, your attorney can identify all of the parties potentially at fault.

Handling Insurance Negotiations

Insurance companies often attempt to reduce payouts by arguing that the rider was careless or violated traffic rules. Our attorneys communicate with insurers on your behalf and push back against these arguments with evidence. That allows you to focus on recovery instead of dealing with adjusters and paperwork.

Calculating the Value of Your Case

Many injured riders underestimate the long-term cost of an accident. Our firm looks beyond immediate medical bills and considers lost income, future treatment needs, and the impact injuries have on your daily life.

Preparing the Case for Litigation

If the insurance company refuses to make a reasonable offer, your electric scooter collision attorney can file a lawsuit and take the case to trial. Our firm never backs down from litigation, but we will continue working for a settlement until the last moment.

Contact a Boulder E-Scooter Accident Attorney

If you were injured in an e-scooter accident, you may be entitled to compensation and should not wait to speak with an attorney. The Wilhite Law Firm is ready to evaluate your case and chart your path toward maximum compensation. Call us today for a free consultation with an experienced Boulder e-scooter lawyer.