parking lot accident fault

In parking lot accidents, who’s at fault? How is accident fault determined?

In truth, the answer depends on a variety of factors. Typically, one driver will have the right-of-way, and the driver who infringes upon right-of-way during an accident is at fault. However, right-of-way isn’t always clear, and can depend upon a parking lot’s unique design.

Another factor that may play into determining parking lot accident fault is whether one party had the “last clear chance” to avoid the accident. In other words, even if the plaintiff — the driver suing for damages — demonstrated negligence in connection with an accident, he or she can still recover damages if it is proven that the defendant could have avoided the accident, using reasonable care.

Complicating things further, parking lot accidents often happen on private property, meaning the police most likely will not generate a report regarding the accident.

Because there are so many issues that can influence a determination of parking lot accident fault, Negretti & Associates offers these answers to commonly posed questions. If you need assistance determining whether you have a legitimate parking lot accident claim in Arizona, California, or Colorado, schedule a free consultation with a member of our legal team today.

What is parking lot right of way, and how does that affect a determination of fault?

Generally speaking, a driver who violates right-of-way rules will be considered negligent and, in turn, at fault. There are some general principles of parking lot right of way:

  • Drivers in a thoroughfare — a lane that exits to a street — usually have the right-of-way over drivers trying to exit from the “feeder lanes” that flow into thoroughfares.
  • A driver who is moving out of a parking space must yield to a driver traveling down a feeder lane. If you are driving down a parking lot lane and someone reverses into your vehicle without looking, they would be responsible for any accident that may occur.

The at-fault, or negligent, party can be held responsible for damages related to an accident, ranging from car repair expenses, medical bills, and potential lost earnings.

Are car accidents in parking lots “no fault”?

No. One party has to be at fault in order for there to be a legitimate accident claim. For example, in Arizona, there is a legal authority that allows a jury to assign whatever percentage of fault they feel that each party bears. However, one party does not have be 100% at fault for the other party to be able to recover damages.

Who has the right of way when pulling out of a parking spot? Who is at fault in a car accident when backing up?

The driver leaving the parking spot has the duty to pay attention. If you begin to pull out of a parking spot with caution and restraint, you have the right-of-way. If an oncoming driver were to hit you in that scenario, the other driver may be at fault for the accident if he or she neglected a “last clear chance” to avoid the accident.

If only one car is moving at the time of the accident, the driver of the moving vehicle would typically be held at fault. If a driver backed into your car when it is legally parked, the other driver most likely would be held at fault.

What if two cars backing up at the same time hit each other?

The answer to this question may boil down to reasonableness and, ultimately, witnesses. If you are paying attention and you start backing out of a parking space, but the other driver isn’t paying attention and you hit each other, it is going to be your word against theirs. So called “he said, she said” disputes typically do not work out in the plaintiff’s favor. Therefore, a witness who can testify as to what happened may be the determining factor in resolving parking lot accident fault.

Can you prove that the other driver was speeding?

Possibly. Most newer vehicles have a “black box” that records all data from any accident — including the speed of the vehicle prior to impact. To be able to download black-box data, so that it can be used in a case, typically a car expert must be hired. If the vehicle is repaired after the accident, or too much time passes following the collision, the data could be lost. For these reasons, it is critical to have black-box data downloaded as soon as possible after an accident.

Someone hit my parked car and drove away without leaving a note. What should I do?

It is unlawful to commit a hit and run accident. You can check with the businesses in the area to see if their surveillance cameras recorded the event. If you successfully obtain a license plate number or description of the vehicle, the police may be able to assist you with tracking down the vehicle who hit your parked car.

Does insurance cover hit-and-run accidents in parking lots?

If you have collision coverage on your policy, it should cover you in the event that someone hits you and runs from the scene. However, you would be on the hook for your deductible.

Is there such a thing as parking lot accident insurance?

No, there is no such thing as parking lot insurance. Logically, you don’t need something that doesn’t exist!

Your insurance policy will cover you if you have proper coverage. If you are unsure of what coverages you have, give Negretti & Associates a call and we will review your policy to educate you on the coverages that you have purchased.

Contact us online, call us at 1-833-827-3535, or text us with questions about your parking lot accident case. We can ensure that you are taking all the necessary steps toward getting the compensation you deserve.

how to prove you are not at fault in a car accident

Let’s say you’ve been in a car accident and it’s not your fault. To you, it’s obvious that you didn’t cause the accident. Yet, to the contrary, the other party in the accident won’t accept fault. What do you do?

If you need a “crash course” on how to prove you are not at fault in a car accident, Negretti & Associates Attorneys at Law will be happy to be your guide. Licensed in Arizona, California, and Colorado, our attorneys can lead you every step of the way, by collecting evidence, interviewing witnesses, and hiring experts who can demonstrate that the other driver was at fault.

The process of proving you’re not at fault in a car accident starts with collecting evidence. The best thing you can do to prove that you’re not at fault is to have independent evidence supporting your version of the incident. This can come in the form of things like photographs, third-party witnesses, police reports, surveillance videos, body cam footage, and 911 audio.

It is possible that the opposing party will do the right thing and admit fault. But don’t count on that, especially once insurance companies get involved!

How Fault Is Determined in Car Accidents

In the context of personal injury claims, fault is really something that is determined by a judge or jury. A party may accept responsibility for an accident in an attempt to resolve a claim. However, it is a misconception to think that anyone other than a judge and jury can determine fault.

The police who investigate an accident do not determine fault. Your insurance company does not determine fault. The other party’s insurance company does not determine fault. A witness alone cannot determine fault. Any of the above may factor into determining fault in a specific case, but none are solely responsible for adjudicating fault.

In a more general sense, fault can be determined by relying on the laws where the accident occurred and by looking at the particular facts of circumstances of the accident itself.

For example, in Arizona, one law — ARS 28-772 — states that a vehicle turning left must yield the right-of-way to oncoming traffic. However, there are plenty of scenarios where the presumed “right-of-way” vehicle runs a red light and hits the left-turning vehicle. Although the law presumes that the left turning vehicle is at fault, the particular facts and circumstances of that incident would be helpful in reaching a final determination of fault.

For this reason, it’s important to consult with an attorney to go over the facts of your accident, to achieve a better understanding of who might be at fault.

Disputing a Determination of Car Accident Fault

In order to properly dispute fault in a car accident, you have to gather evidence that will help a judge or jury understand and accept your story. Your testimony will typically not be enough to dispute fault.

Although you will always be your own best advocate, it’s important to have a legal team on your side. A law firm can help you gather the necessary evidence and guide you through the process, because of their experience in dealing with disputed fault cases.

Can You Dispute a Police Report?

This may not surprise you, but police reports can be wrong. Police officers are human beings and are capable of making mistakes just like everyone else. The question is whether the mistake is fatal or not. In other words, what does the mistake mean to your case?

If the mistake is the color of your vehicle, that probably doesn’t mean a whole lot to your case. However, if you are quoted saying something that you didn’t say, that may be more important to your case.

At the end of the day, generally speaking, police reports are not admissible as evidence in car accident cases. Certain parts of the police report may be admissible, whereas others are wholly inadmissible. If you believe that a mistake in a police report is something you need to worry about, consult with an attorney.

How Do You Fight an Insurance Claim Made Against You?

If you have automobile insurance at the time of your accident, your own insurance company has a duty to defend you against claims being made against you. This is not to say that your insurance company is truly looking out for your best interests. It simply means that they will handle the claim being made against you and hire and pay for a lawyer on your behalf, if needed.

The important thing to understand is that these claims adjusters and lawyers work for the insurance company. They do not care about you and will not “fight” to protect you.

If you need help with solving the riddle of how to prove you are not at fault in a car accident, reach out to Negretti & Associates today. Call us at 602-531-3911 in Arizona, 619-777-3370 in California, or 720-636-3444 in Colorado. Or, you can contact us online, or send us a text.

By Jonathan Negretti, principal, Negretti & Associates

Negretti & Associates has thrived as a remote law firm since its founding 2012. In this recent interview with Litify, Jonathan Negretti offers his perspective on starting and managing a remote law firm.


In March 2020, as COVID-19 spread across the United States, many law firms were abruptly forced to shutter their doors and ask their staffs to work from home. For a lot of law firms that still utilized paper files or the occasional typewriter, this posed challenges. For more forward-thinking and tech-savvy law firms, this was less of an adjustment.

For Negretti & Associates, years before COVID-19 became a factor, we sought to establish ourselves as a premier remote law firm. Operating within a virtual environment was one of the core tenets of our success. Yet, growing to three offices in three different states while maintaining a virtual environment was not easy.

Our team works remotely on a daily basis. Rather than wasting time commuting, we are answering emails and making early morning phone calls. We can be available and responsive when others are not. Working with a remote team has compelled our firm to continually refine our communication process, to ensure that clients are represented effectively.

From time to time, I am asked for pointers on how law firms can build and maintain a remote work environment. If you are patient and follow these five tips for managing a remote law firm, you’ll find that it’s actually possible for your firm to thrive in a virtual environment.

Tip 1: Get the right people, then get out of their way

To have a healthy work environment, it is essential to have the right people in place. But once you’ve done that, you have to get out of their way. Don’t micromanage!

Even though your employees are working remotely, you must trust that they are still working toward a common goal. That common goal must become the bedrock of your environment.

One mistake that I see people making is that they think that because everyone is working from home, that they don’t — or can’t — have office drama. That’s simply not true. The drama may be greatly reduced, but it still be there. If you have the wrong people on the bus — people who I commonly refer to as “toxic” — they will disrupt your company culture.

People also think that for their employees to work from home, employees must inherently be self-starters. This is true to an extent. Yet, more importantly, you must manage people with a mindset that emphasizes flexibility. People want to work when they can be most productive. Sometimes people are most productive early in the morning, others are more productive late at night.

We are not clock-watchers at Negretti & Associates. We focus on the service that we provide to our clients, rather than making sure every employee is sitting at their virtual desks at 9 a.m.

Lastly, we allow people to opt-out. We tell every new employee that working from home can be tough. Working remotely may not be for them. We understand this, and will accept one’s decision to leave. We don’t try to force square pegs into round holes!

remote law firm - jonathan negretti“You must manage people with a mindset that emphasizes flexibility. People want to work when they can be most productive. Sometimes people are most productive early in the morning, others are more productive late at night,” observes Negretti.


Tip 2: Develop good systems

To allow your employees to get the resources that they need and do their jobs effectively, you must have systems in place.

At Negretti & Associates, we invested heavily in technology to make sure that our lawyers and support staff have access to everything that they need. If you are employed at Negretti & Associates today, you literally can work with a laptop and smartphone — from anywhere in the world. This is because we have a CRM platform called Litify, which is like an all-in-one program for our employees to use.

With Litify, you can do everything from review medical records to text clients directly from the software system. Additionally, when we get snail mail, it’s all scanned in and uploaded to Litify. Employees can browse the mail received on that given day or go directly to the client file to review the specific piece of mail that corresponds to the client’s case.

We also use a firm calendar system that syncs with Litify to keep track of client calls, internal and external meetings, as well as vacation time and upcoming deadlines.

Tip 3: Meet clients face-to-face through your computer

The idea of working remotely is a beautiful thing. However, meeting clients face-to-face may seem tricky.

Before COVID-19, I would have said it’s very challenging to get your employees to embrace a software platform like GoToMeeting, Zoom or WebEx. Post COVID-19, everyone seems comfortable with this software. Families are meeting with each other online now more than ever before. Doctors are meeting patients virtually. Companies are utilizing this software for happy hours and lunch meetings.

This software is a great way to meet your clients face-to-face without leaving the comforts of your home office. Clients seem to prefer the ease of meeting their attorney online, rather than having to drive to an office across town. It is a win-win for everybody and allows for more efficiency in scheduling and hosting client meetings.

Tip 4: Schedule social interactions with your staff

I don’t think I realized the importance of social interaction between employees until more recently — after the COVID-19 lockdown went into effect. Although some people love working in solitude, even the most introverted people can feel a little claustrophobic or a bit disconnected while working from home on a regular basis.

To fend off feelings of isolation, we typically have a weekly staff call on GoToMeeting, so that we can turn on our cameras and see each other. We supplement these with firm-wide happy hours and video breakout sessions.

Tip 5: Be ready and willing to adapt and evolve when necessary

Working virtually requires that you adapt to ever-changing market conditions, as well as evolve and allow for new sources of productivity.

Being a smaller law firm has given us the advantage of being able to change course on a dime. But we accommodate change in a balanced way. We don’t institute change without careful consideration, and we also don’t get stuck in “paralysis through analysis.”

If we decide that we can do something better and it helps our clients, then we incorporate it. If we find an easier path for our clients, then we will adapt to incorporate these changes.

Nothing is off limits at our firm. We don’t have the mentality that “this is how we’ve always done it,” or “that tradition can’t be messed with.”

Alan Arkin was quoted as saying that “either you’re growing or you’re decaying; there’s no middle ground. If you are standing still, you’re decaying.” We don’t stand still at Negretti & Associates!

At the end of the day, working in a remote law firm can be very fulfilling and enjoyable. It can give you an exceptional work-life balance. At the same time, for your virtual law firm to flourish, you must have the right environment.

One thing is certain: the old, antiquated law firms that occupy big office buildings are like the T-Rex. They will eventually become extinct.

uber insurance claims

Whether you’re the driver or a passenger in an Uber accident, or if your car has been in an accident with an Uber driver, the process of filing an Uber insurance claim is no different from filing a claim with an insurance company.

Yet, the key thing to remember is be careful about what you report to Uber or the company handling the insurance claim. Insurance claims adjustors may seem to be on your side as they collect information from you. Behind the scenes, they are looking for ways to reduce liability and save money.

Therefore, before starting your claim, consult with a law firm that is familiar with rideshare accidents and Uber insurance claims. At Negretti & Associates, we have handled many Uber claims and are familiar with Uber’s claims-handling process.

We have prepared this list of answers to common questions as a way of highlighting the potential issues that may arise when filing Uber insurance claims.

How do I file a claim with Uber?

James River Insurance Company is the claims handling company for Uber. You can Visit JamesRiverIns.com for more information. New claims must be submitted in writing by mail, email, or fax.

Before initiating a claim with Uber, however, Negretti & Associates suggests that you contact us first. This is because insurance companies can use a variety of techniques to limit payouts.

Negretti & Associates can provide you with valuable advice that may end up saving you a lot of heartache later. We can help you avoid the potential for your answers to be used against you later.

If an Uber driver hit my car, and it’s the Uber driver’s fault, whose insurance covers the accident?

If you are in an accident with an Uber driver, the driver’s insurance and Uber’s insurance — or a combination of the two — should cover your damages.

There are varying levels of coverage provided to Uber drivers. Coverage depends upon the status of the driver at the time of the accident. Still, the driver’s personal insurance may apply. Uber may also be required to cover additional losses, depending on different factors.

If you get in an accident involving an Uber driver, contact Negretti & Associates first, and we’ll help unpack the details of your situation.

If I am the passenger in an accident, should I report the accident to Uber? Do I call Uber customer service?

Ultimately, a claim will need to be reported to Uber if you intend to pursue a claim against them. Remember, what you say and how you say it is important!

Contact Negretti & Associates before starting an Uber insurance claim. We will prepare you for that conversation. If you end up hiring us to represent you, we will contact Uber on your behalf.

I am an Uber driver. How and when does Uber insurance cover me?

Uber discusses its insurance program in the Help section of its website. The company provides varying levels of insurance coverage at different phases of a ride.

Uber’s automotive liability coverage “starts the instant you tap ‘go’ on the Uber app to wait for a ride request.”

As the driver waits for the ride request, Uber maintains automobile liability coverage to drivers on their behalf in amounts of at least:

  • $50,000 for the driver’s liability for bodily injury per person case of a covered accident.
  • $100,000 per covered accident.
  • $25,000 for property damage for which you are responsible for in a covered accident.

While the driver is traveling to pick up the rider, and while the passenger’s ride is in progress, Uber provides:

  • Third-party liability coverage: This encompasses bodily injuries or damages caused to riders, people in other vehicles, pedestrians, or property.
  • Uninsured or underinsured motorist bodily injury coverage: This insures driver and riders while a passenger trip is in progress, and another driver is at fault, but either does not have sufficient insurance coverage, or flees the scene of the accident (a “hit-and-run” accident).
  • Contingent comprehensive and collision coverage: Uber writes that this will “kick in” for a driver “as long as you maintain comprehensive and collision coverage on your personal auto insurance.” Uber states it will “provide physical damage coverage for your car up to its actual cash value, regardless of who is at fault.” For the coverage to apply, the driver must pay a deductible of $1,000.

Uber also tells drivers that, “If you’re in an accident during this time, you don’t need to file a claim with your personal auto policy. You can submit a claim directly from the Uber app or by contacting support.”

As an Uber driver, do I need to report my accident to Uber? Will Uber notify my insurance company of the accident?

If you are an Uber driver, you might have an affirmative duty to report your accident to Uber, pursuant to your agreement to drive for Uber. Yet, this doesn’t mean that you lose your rights.

It is possible that Uber will notify your insurance. With the advent of blockchain technology and smart contracts, insurance companies are investing in new, innovative ways to handle insurance claims processing. Regardless, we would not count on Uber notifying your insurance provider.

If you hire Negretti & Associates to handle your claim, we will put your insurance on notice of the claim that we have made against Uber. This is important because your insurance coverages may also apply in the event of an accident involving Uber.

The experienced accident lawyers at Negretti & Associates can help you successfully navigate your Uber insurance claim. Schedule a free consultation to discuss your situation and evaluate your case. Contact us online, call us at 1-833-827-3535, or send us a text.

lime scooter injury lawsuits

An electric scooter accident of any kind can be damaging both physically and financially — especially if your injury is significant. You may find yourself feeling very overwhelmed and unprepared to deal with the complexity of your case.

Even a highly experienced injury attorney will admit that scooter injury cases are unlike any other type of accident cases. They have many moving parts:

  • Cities’ scooter usage laws are constantly evolving.
  • The fine print found in scooter companies’ user agreements can be thousands of words long and difficult to decipher.
  • And, as medical bills pile up, it can be critically important to carefully examine medical coverage available in auto and homeowner’s insurance policies.

If you’ve sustained a Lime scooter injury, it’s best to find a lawyer with experience in Lime scooter injury lawsuits — such as an attorney at Negretti & Associates. Our attorneys know electric scooter laws, and we can review your case to determine liability and calculate how you can recover damages related to your accident.

To help guide you in your claim process, we offer these answers to commonly asked questions about Lime scooter injury lawsuits.

I have been injured while riding on a Lime scooter. What steps should I take after my accident?

First, get the medical care that you need. Not only will treatment speed your recovery, but your examination will document the scope and severity of your injuries.

Second, call the police and have a report written. Ask the police to impound the scooter.

Third, take photos of the scooter, the accident scene, and your injuries. Be sure to take a photo of the QR codes or other identifying information on the scooter.

Finally, call Negretti and Associates before contacting Lime to start a claim.

How do I prove liability for my Lime scooter accident?

Liability, or what is more commonly known as “fault,” is ultimately decided by a jury. However, you can certainly do things to strengthen your Lime scooter accident case.

For example, photographing and documenting important information related to the Lime accident can be very helpful in convincing Lime to accept fault for the accident. If your Lime scooter malfunctioned in some way, it is vitally important that you preserve that scooter, so that your attorney and expert have a chance to inspect the scooter before Lime tries to repair it.

Is it possible to sue Lime for my injury? How do I file a Lime scooter injury lawsuit?

Lime has a mandatory arbitration provision in its user agreement. It reads, “We each mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court.”

That closing phrase — instead of filing a lawsuit in court — clearly states that you cannot sue Lime in open court. It 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, our Lime scooter attorneys are familiar with this arbitration provision and how to navigate injury claims appropriately.

What am I entitled to as compensation for my injuries and costs?

If you are able to prove your claim against Lime, 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 & suffering. Your total compensation depends greatly on the severity of your damages. Make no mistake, Lime is not going to make this easy on you and will not willingly pay you for your injuries.

Is there a Lime scooter class action lawsuit? Why not join a class-action lawsuit?

To answer this question, we must turn to Lime’s user agreement once again. Lime’s user agreement has a class action waiver, which restricts riders from filing and joining a class action lawsuit against the company. You surrender that right when you click through the app when you first sign up.

The waiver reads, “We each mutually agree that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”).”

Is there an average value for a Lime scooter injury lawsuit or claim?

No. Unfortunately, the values of these 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 in the market about average claim value.

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.

If you have other questions or would like a free case evaluation, get in touch with a Lime scooter attorney at Negretti & Associates now. Contact us online, contact us online, call us at 1-833-827-3535, or send us a text. We can ensure that you are taking all the necessary steps towards getting the compensation you deserve.

lime scooter lawyers

If you’ve sustained a Lime scooter injury, it’s natural to wonder if there’s anything you can do to be compensated for your accident. How do I file a claim? How do I prove my case? How can I find help?

Electric scooter accidents can be confusing and difficult to navigate. You might find yourself feeling very overwhelmed and unprepared to deal with the complexity of your claim.

No matter what, the dedicated electric scooter accident lawyers at Negretti & Associates are here to help. Reach out to Negretti & Associates today for a free consultation about your case. Contact us online, call us at (833) 827-3535, or send us a text.

To help you understand your options, we’ve prepared the following series of questions to consider when hiring a Lime scooter lawyer.

Why is important to choose an experienced Lime scooter lawyer — someone who has familiarity with scooter law?

An experienced attorney can lead you step-by-step through the Lime accident claims process. Lime has an extensive user agreement. Not only is it long — more than 6,500 words, requiring about a half hour to read — it’s designed to limit Lime’s responsibility related to any injuries that occur while riding one of their scooters.

It’s therefore very helpful to have a lawyer who is familiar with the intricacies of this user agreement — as well as other scooter companies’ user agreements — and can advocate on your behalf accordingly.

Watch Negretti & Associates’ Jonathan Negretti on AZTV 7’s Daily Mix show, discussing scooter accident liability, and how the fine print found in scooter companies’ terms-of-service agreements can impact riders.


Should I hire a Lime scooter lawyer near me? How does it help to have a lawyer who is familiar with my local and state laws?

As we just discussed, it’s very important to find an attorney or law firm with experience in Lime scooter injury accidents. Yet, it’s equally important to choose a lawyer who is licensed to practice law in the state where your accident occurred.

Every state has its own unique laws that govern claims. If your lawyer does not have knowledge of local and state laws where your accident occurred, your ability to recover the full extent of your damages could be compromised.

Keep in mind that, when it comes to where a case can be heard, some scooter companies’ user agreements have language that selects the state for you. Please be aware of this when researching attorneys.

At Negretti & Associates, we have offices in Arizona, California and Colorado. If you have experienced a Lime scooter accident in one of these states, please give us a call to discuss your claim.

How can a Lime scooter lawyer help me determine who is liable for my accident?

A lawyer who has handled Lime scooter accidents can help investigate the facts and circumstances of your particular accident to determine fault. Most Lime scooter lawyers also work with experts who can be hired to help determine fault.

Is there anything unique about Lime’s user agreement in relation to my case?

Yes. For example, in its user agreement, Lime has a binding arbitration clause. As a result, it means that you are not able to sue Lime in open court. This doesn’t mean that you don’t have a claim — it just means that you may not be able to make your dispute public. Negretti & Associates has handled quite a few Lime claims and are familiar with Lime’s arbitration provision and how to navigate your claim appropriately.

Is there a Lime scooter class action lawsuit? Why not join a class-action lawsuit?

Everything with Lime claims hinges on the scooter company’s user agreement. Lime’s user agreement does not allow users to start or join a class-action lawsuit. There is a class-action waiver provision buried in its user agreement. You surrender the right to join a class-action suit when you when you first sign up on the Lime app and click the “I agree” button.

Take all the necessary steps toward getting the compensation you deserve in your Lime scooter accident. Trust the experienced scooter lawyers at Negretti & Associates to help you with your claim. Contact us online, call us at (833) 827-3535, or send us a text.

are electric scooters safe?

Are electric scooters safe? To find an answer, we might want to remove electric from the question for a moment, and ask whether scooters, in general, are safe.

Let’s face it: scooters have always been at least a little dangerous. Even in the early days of folding Razor scooters — at the turn of the millennium, long before the motorized scooters of today — kids experienced severe injuries, shocking parents and paramedics alike with broken elbows and knocked-out teeth.

But once scooters became electrified, the potential for danger reached a new level. If riders struggled to control their scooters at 5 miles per hour, the risk for injuries only multiplied when speeds reached 15 miles per hour.

The past few years has seen one scooter company after another elbowing their way into cities and towns around the world. Featuring fun, single-syllable names, like Bird, Lime, Spin, and Jump, these companies just showed up on sidewalks unannounced, without asking municipalities for permission.

It’s now commonplace to see scooters lined up outside of bars and entertainment districts, promising the freedom to see and do more, and hop from one bar to the next. Scooters and alcohol have become intertwined. The result is a Molotov cocktail, leaving riders shaken and stirred.

Many Things Can Go Wrong

are electric scooters safe?

The problem with making scooters available in entertainment-oriented areas, where there are a lot of bars and restaurants, is that these are the places where people shouldn’t be riding them! Many things can go wrong. Aside from alcohol use, contributing factors for a scooter accident include:

  • Nighttime conditions, where streets and sidewalks do not have adequate lighting to operate a scooter safely.
  • Scooters being stationed in areas that are not equipped to display, or “stage,” scooters.
  • Scooters’ small wheels can easily get caught in sidewalk cracks, potholes, and concrete curbs.
  • Scooters can malfunction. Brake failure has been widely reported.
  • Scooter rides terminating at geofenced areas — boundaries that scooters cannot surpass. It’s possible to ride up to a boundary at 15 miles an hour, and feel like you are hitting an invisible wall. The scooter dies, but momentum forces you to keep your balance, to stay upright.

Added to this, new riders often have a simple lack of appreciation for the sheer power that scooters have. They can accelerate very quickly!

Clearly, there are a host of different things that could cause someone to fall from a scooter and get injured, without ever coming into contact with anyone else — or anything else, such as an oncoming car.

Watch Negretti & Associates’ Jonathan Negretti on AZTV 7’s Daily Mix show, discussing scooter accident liability, and how the fine print found in scooter companies’ terms-of-service agreements can impact riders.


A Failure to Warn

It can be argued that there is a disconnect between how scooter companies portray the use of their scooters and how consumers actually ride them.

To illustrate, imagine being with a group of friends on a weekend night out. You encounter a few scooters in a row, and your friends would like to go for a ride. However, you aren’t yet a customer of that scooter brand. To unlock and ride one of these scooters, you have to sign up first.

So, you download the company’s app. On the app, you may see only a quick tutorial about how to ride a scooter. Rider training is minimal. You then encounter a user agreement, where you’re asked to consent to all kinds of provisions and stipulations — thousands of words, which may take half an hour to read. Will you read the user agreement word for word? Probably not. After all, you want to get on your scooter and ride along with your friends! So, you click “I Agree.”

And off you go. Good luck.

How are scooter companies allowed to expect people to read the user agreements in full, so that they thoroughly understand the risks that they are taking? Do riders realize that, by clicking on “I Agree” as the user agreement appears in the app, they are forfeiting their right to file a lawsuit against the company, if something tragic were to happen during their ride?

This scooter crash test video demonstrates the severity of head impacts that can result from a scooter-and-car crash. As they say, Don’t be a dummy!


Negretti & Associates was recently hired by a client whose husband was in Los Angeles, at a bachelor party. He was riding a scooter with his friends, and tragically, he fell off the scooter and died, due to his injuries. The argument that we’re pursuing is what we call in the product liability world “a failure to warn.” There is a lack of proper education regarding these scooters and the app itself.

Is it right to allow anyone age 18 or older to instantly sign up for a scooter and ride through our streets — with very little oversight or education?

Would it not be wise to regulate electric scooters like motorcycles? To be able obtain a motorcycle license, a rider must pass a certified motorcycle safety course, which involves written and riding evaluations.

Without proper education on how to ride a motorcycle, it would be very dangerous to jump on a motorcycle and go tearing down the street. Yet, that’s what we are seeing with electric scooters.

Municipalities Are Finally Pushing Back

Fortunately, cities are starting to regulate scooter usage, tightening rules on where scooters can be staged. Some municipalities have banned scooters outright, arguing that they are looking out for the safety of their citizens. Citing stricter regulations, Lime has ceased operations in Arizona entirely. Yet, this may have more to do with Lime’s internal financial difficulties, as a company.

At the same time, we are witnessing larger-scale and more productive conversations about scooter safety. For example, Scottsdale, Arizona recently completed a year-long study, inviting public comment. City officials really tried to understand whether scooters are good fit for the city, and what kinds of regulations should be put in place. We will see more of these studies as more scooter brands enter the marketplace.

Cities are still trying to get a grasp of how to manage scooters. Each city seems to have its own set of rules, from loose oversight to complete prohibition. A patchwork of laws is the result.

A Need for Public Education on the Dangers of Scooters

The severity of injuries that people are experiencing in scooter accidents is staggering and frightening. People are suffering horrific injuries — ones that can affect people for the rest of their lives.

Practically every scooter-related call that we receive at Negretti & Associates involves a broken bone. No one is calling us with minor injuries from falling off their scooters.

In January 2019, The Arizona Republic published a story talking about the number of scooter accident cases that happen in Tempe, Arizona — around Arizona State University — where scooters are very popular. The article referenced how a member of a nearby hospital’s ER staff created a “days without injury” sign regarding scooter accidents. The sign read zero. It had been zero days without injury for approximately 100 consecutive days.

Ultimately, the problem is that scooter companies are putting their scooters out there, and essentially telling their users “good luck.” Anyone over the age of 18 is given free rein to ride them. No license or permit is required.

If people were educated on how to properly ride scooters — especially how to remain vigilant and agile, to anticipate accidents and avoid injury — and be required by law to wear helmets, there would be far fewer scooter accidents.

We have warnings on cigarettes. We have seen TV commercials that show how people can be harmed by smoking over time. For scooters, we don’t have a commensurate video or public awareness campaign that publicizes the injuries that people have. If more people could see those injuries, more of us would think twice about riding scooters, and possibly not ride them altogether.

bird scooter injury lawsuits

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.

I have been injured while riding on a Bird scooter. How do I file a Bird scooter injury claim?

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.

Is it possible to sue Bird for my injury?

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.

What steps should I take after my accident to prove my case?

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.

As a Bird scooter rider, does Bird provide insurance?

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.

What am I entitled to as compensation for my injuries and costs?

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.

Is there a Bird scooter class-action lawsuit? Why not join a class-action lawsuit?

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.

What is the average value of a Bird scooter injury lawsuit?

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.

Bird scooter claims can be complex. That’s why it’s important to hire an experienced scooter accident lawyer. Contact us online, call us at 1-833-827-3535, or text us with questions about your accident claim. We can ensure that you are taking all the necessary steps toward getting the compensation you deserve.

bird scooter lawyers in california

If you have suffered an injury while riding a Bird scooter, and you believe you have grounds for filing a claim, it’s important to find a lawyer who understands scooter accident law in California. The reason is simple: 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. What’s more, our firm has won millions in settlements and verdicts on behalf of our clients.

So, when you’re looking for Bird scooter lawyers in California, what considerations should you keep in mind? Negretti & Associates offers this list of frequently asked questions, to help guide your decision. If you have other questions or would like a free case evaluation, you’re welcome to contact us online, call us at 1-833-827-3535, or send us a text.

Why hire an experienced scooter lawyer?

Simply put, an experienced scooter attorney can help you navigate the claims process with Bird.

Bird has a pretty robust user agreement that really tries to limit their responsibility related to any injury that occurs while riding one of their scooters. An experienced lawyer who understands this agreement and can advocate on your behalf is worth his or her weight in gold.

How can a Bird scooter lawyer help me determine who is liable for my accident?

A lawyer who has handled Bird scooter accidents can help investigate the facts and circumstances of your particular accident to determine fault. Most lawyers also work with experts who can be hired to help determine fault.

Do I need to hire a Bird scooter lawyer near me, or where the accident happened? How does it help to have a lawyer who is familiar with local scooter laws?

It is very important to find an attorney who is familiar with Bird scooter accidents. It is probably just as important that you find someone who is licensed to practice law in the state where the accident occurred. Some user agreements have language that selects the state for you. Please be aware of this when researching attorneys.

Most important, you wouldn’t want to hire just any attorney — and you certainly don’t want to hire someone who isn’t licensed in your state.

At Negretti & Associates, we have offices in Arizona, California and Colorado. If you have experienced a Bird scooter accident in one of these states, please give us a call to discuss your claim.

Is there anything unique about Bird’s terms and conditions in relation to my case?

Yes. For example, Bird’s user agreement requires that your claim be handled under California law. In other words, if your accident happened in another state, you will be operating under California law. Therefore, it would be wise to have an attorney licensed in California who is familiar with California law.

Is there a Bird scooter class-action lawsuit? Why not join a class-action lawsuit?

Bird’s user agreement does not allow you to start or join a class-action lawsuit. You waive that right when you click through the app at the moment of signing up and accepting Bird’s terms of service.

Electric scooter accident claims can be complex. That’s why it’s important to hire experienced electric scooter accident lawyers, like the team at Negretti & Associates. Contact us online, call us at 1-833-827-3535, or text us with questions about your accident claim. We can ensure that you are taking all the necessary steps towards getting the compensation you deserve.

lyft driver accident claims

Driving for Lyft can be a fun and financially rewarding experience. But what happens if you are involved in an accident while driving for Lyft?

Negretti & Associates has prepared this guide to Lyft driver accident claims as a means of outlining potential issues that may arise when filing a Lyft car accident claim, as a driver.

If I get into accident when driving for Lyft, how do I file a claim with Lyft insurance? Should I report the accident to Lyft, even if the accident isn’t my fault?

Depending on your driver status at the time of the accident, you may have a requirement — pursuant to your agreement with Lyft — to report any accident to Lyft and cooperate with Lyft in their investigation of your accident.

The best way to report a claim is either through the Lyft website or through the Lyft app. However, you should be careful about what you write, because your statement could be used against you. For example, it is normal to understate injuries right after an accident. Often, it takes a few weeks under medical supervision to fully understand that scope of your injuries. If you were to tell Lyft claims that you don’t think you were hurt, and later make a claim for your injuries, they could use your statement against you to challenge the legitimacy of your damages.

That said, Negretti & Associates urges you to contact us before making a Lyft driver accident claim. We understand the ins-and-outs of rideshare contracts. A 15-minute phone call with us could save you thousands of dollars in losses.

Does Lyft cover drivers in an accident?

Yes and no. It depends on your status as a driver when the accident occurs.

  • Coverage when driver mode is off: your personal insurance policy applies.
  • Coverage when driver mode is on, but no ride accepted: 50/100/25 coverage, through Lyft ($50,000 per-person bodily injury liability coverage / $100,000 maximum bodily injury liability coverage / $25,000 property damage liability coverage).
  • Coverage from when ride accepted, through the time when the ride ends: $1,000,000 coverage per accident.

Who handles Lyft driver accident claims? What role does Lyft customer service claims play in the accident process?

Lyft typically employs a claims handling company to process all accident claims. These claims handling companies are not in business to help you. This may be surprising, considering you were driving for Lyft at the time of your accident!

Lyft and their claims handling company will be particularly critical of your claim. Do not make the mistake of thinking that Lyft is there to help you in the event of an accident.

How long will Lyft take to settle my injury case? What is the processing time for Lyft driver accident claims?

This really depends on you and how quickly you recover. At Negretti & Associates, your recovery is our primary concern. Once you get better, our focus becomes making sure you can resolve your Lyft claim fairly. It may take you months or even years to recover from your injuries. We want to ensure that you do everything you can to get yourself better before we attempt to resolve your Lyft claim.

What role does York Risk Services serve in Lyft claims? What does Indian Harbor Insurance Company do with Lyft claims?

The companies are hired by Lyft to process your claim. They have incentives to keep settlements low and avoid paying fair value, unless compelled to do so. These companies have been known to misrepresent their role in the claims handling process by stating that they have been hired by Lyft to take care of you. Do not be fooled by these statements.

What can I do if Lyft’s insurance company isn’t acting fairly or not responding to me?

Contact us. Not only are we familiar with Lyft and their claims handling process, but we can also use our skills to convince Lyft to respond in a timely fashion and resolve your claim for a fair amount.

If you have been involved in a Lyft car accident as a driver, it is important to contact an attorney at Negretti & Associates for a free consultation. Call us at 602-531-3911 in Arizona, 619-777-3370 in California, or 720-636-3444 in Colorado. Or, you can click here to contact us with our online Get in Touch form.