If you have been injured on a Bird scooter, and the accident wasn’t your fault, you may be thinking about the possibility of filing a Bird scooter injury lawsuit. There are several steps that you can take to collect evidence related to your accident. Yet, there are larger issues to consider.
First and foremost, Bird’s user agreement requires that accident claims be handled under California law. At Negretti & Associates, our licensed California attorneys know the ins and outs of California scooter accident laws, and we have handled numerous Bird claims.
To help riders who have been injured on a Bird scooter, Negretti & Associates has prepared this list of answers to commonly asked questions regarding Bird scooter injury lawsuits. If you have any questions about your claim, you’re invited to contact us online, call us at 1-833-827-3535, or send us a text.
If you’ve been injured on a Bird scooter, Bird requires that you put them on notice by issuing a claim in writing, just as many other scooter companies do. Once a claim is initiated, you may be subject to a binding arbitration clause that is part of the user agreement, which every Bird user must agree to when signing up on the Bird app.
Technically, no. Because of the binding arbitration clause in Bird’s user agreement, it is not possible to sue Bird in open court. The user agreement states that both parties must resolve claims before an arbitrator, rather than through the judicial court system.
The mandatory arbitration provision doesn’t mean that you don’t have a claim. It simply means that you may not be able to make your dispute public.
At Negretti & Associates, we have handled quite a few Bird claims. We are familiar with Bird’s arbitration provision and how to navigate Bird claims appropriately.
First, get a police report. The police will collect valuable information that will help support your claim.
Additionally, take photographs of the scooter, as well as the surrounding area and any injuries. Be sure to take a photo or write down the scooter’s identifying information. Your scooter will most likely have a QR code or identifying information on the handlebar, or right above the front wheel.
If possible, secure the scooter so that you preserve the evidence that may have contributed to your injury. Yet, be careful — there is language in most user agreements that states that a rider does not have the right to keep a scooter after a ride. And, by failing to end a ride and lock a scooter, the rider is subject to additional fees.
Depending upon how your accident occurred, proving your claim can be a tall order. Contact us so that we can talk through your particular facts to see if you have a viable claim.
Bird does have insurance. However, Bird’s user agreement has a lot of language that limits their liability. This means that they won’t pay you until you prove your claim. You assume the risk when you ride their scooters, so it is your responsibility to prove your claim.
If you can prove your claim against Bird, you would be entitled to medical expenses incurred, and likely to be incurred, in the future. You may also be able to recover for your past and future lost wages, as well as pain and suffering.
Your total compensation depends greatly on the severity of your damages. Make no mistake, Bird is not going to make this easy on you and will not willingly pay you for your injuries.
At the risk of sounding like a broken record, all things related to Bird accident and injury claims hinge on the language of the user agreement. Bird’s user agreement does not allow you to start or join a class-action lawsuit. You surrender that right when you click through the app when you first sign up.
Unfortunately, there is no way to accurately pinpoint the average value of a Bird scooter injury lawsuit. The values of Bird injury claims are all over the map. Additionally, since riders are bound to binding arbitration, and most settlement agreements contain confidentiality clauses, there isn’t a lot of information available in the market about average claim values.
At Negretti & Associates, we don’t worry about averages. You are not average and shouldn’t be treated as such! We believe your claim is unique to you and should be treated accordingly.