A Guide for Attorneys

electric scooter accident claims collecting evidence

In this series on electric scooter accident claims, previous articles explored how fault is determined in scooter accidents, as well as themes commonly found in scooter companies’ user agreements. Here, we’ll conclude by sharing insights regarding collecting evidence related to a case, what you might be asked to provide after initiating a claim, and what you can expect to encounter during the claims process.

As we discuss evidence collection in this article, we should be mindful that scooter accidents can spiral into many directions. Scooter claims can be incredibly complex. Scooters can fail, riders can run into cars, and cars can run into riders.

For the sake of simplicity, we will confine this discussion to product liability — scooters that have malfunctions, resulting in rider injuries. This is the territory of product liability claims, where the scooter company is the defendant in a case. We will focus on what happens when a scooter company is responsible, and what remedies attorneys and their clients have available to them.

Evidence Collection

When working on an electric scooter accident claim, attorneys frequently encounter the problem of evidence collection. In a scooter accident case, the critical piece of evidence is the scooter that was involved in the client’s accident.

Locating and obtaining the client’s scooter can be extremely challenging for two reasons.

  • First, rental scooters are in a state of constant turnover. They’re routinely put into, and taken out of, circulation by companies and individuals who work on behalf of scooter companies as contractors. Scooters are used, collected, recharged, and put back on the street.
  • Second, because they’re constantly in use, scooters do not last long. A review of scooter usage in Louisville, Kentucky in late 2018 showed that the average lifespan of a shared scooter was just 28 days.
  • Third, it’s common for injured scooter riders to contact attorneys about their accidents well after their accidents have occurred. By the time you’re contacted, the defective scooter may have been serviced and put back into circulation multiple times.

With this said, when you’re working on a scooter accident claim, your evidence can disappear very quickly. If a scooter is damaged or involved in an accident, a scooter company might try to find that scooter through the GPS, remove the scooter from circulation, repair it, and redeploy it.

Finding the Scooter

As an attorney, knowing that you are working against the clock, how can you gain access to the scooter?

For starters, you should send a preservation letter to the scooter company, just as you would in any other personal injury claim. Send the letter by certified mail, FedEx, or UPS, so that you can track your letter and ensure it was received.

From there, be sure to identify the date and time of the ride. Ask your client to give you that information. Ask to see their app. Sometimes, ride information can be downloaded. Scooter company apps are generally good about saving all of this information. You can certainly take screenshots of the rides’ dates and times, and try to memorialize that information, so you have documentation of when the ride occurred, where the scooter was picked up, where the client rode it, and where it was eventually dropped off.

Photographs of the scooter after the accident also can be helpful. Especially useful are the identification numbers on the front of the scooter — right above the front wheel — or the scooter’s QR code. That information can help track the scooter’s current location.

Maintenance Records

Keep in mind that many, if not all, of the large scooter companies now collect robust data on their inventories. Therefore, it’s not impossible to determine whether a repair was performed on the scooter involved in your case.

Scooter companies most likely will have maintenance records on the scooter your client used. However, they will not turn these records over to you until you arbitrate and have subpoena power through the arbitration process. If you ask them to preserve their records, they may be available to you when you need it.

Witness Statements

Witness statements are critical to pursuing electric scooter accident claims. We’ve had a lot of claims come to us in which people were riding with their friends, but no one remembers exactly what happened, and no one actually saw the accident. Sometimes, the injured rider is behind the group when he or she falls, or encounters a dangerous condition. In these instances, there’s no viable statement that can be provided by any witness.

With this in mind, it’s critical to know who was with the rider at the time of the accident. Did anyone see the accident? Sometimes, the accident can be captured on video. Surveillance video is almost everywhere now. Do what you can to locate sources of surveillance video, which will be extremely helpful in explaining what happened and how injuries occurred.

Most of the time, when people are injured by some sort of accident that occurs on a scooter — unless it involves an automobile or maybe another person or something to that effect — people do not call the police.

Many of the potential claims we receive are single-rider accidents. People are injured because of a faulty brake or wheels; sometimes, they hit a pothole and go end-over-end. These types of accidents do not warrant police reports. For this reason, you cannot rely on police reports to be the saving grace that gets you the information you need as an attorney to pursue these claims.

In sum, the client will have to do much of the hard work regarding documenting the accident, so that you can assemble a clear narrative and make an adequate claim for the injured rider.

When you pursue a claim, it will be fairly common for scooter companies to respond with a request for a set of information, including:

  • Your client’s name and address, along with the username or email address associated with client’s account. This way, the scooter company can verify that your client rode a scooter at a given time.
  • Your client’s date of birth and Social Security number. As a matter of practice, at Negretti & Associates, we do not reveal our clients’ Social Security numbers. We may disclose the last for digits, for indexing purposes.
  • Medicare and Medicaid disclosure forms.
  • A description of the injuries, along with medical bills and health records.
  • A statement of loss — an account of what actually happened and how it happened, including photographs of the loss itself or the injuries to the rider and any witness information.

After providing this information, you’ll most likely be contacted by the scooter company’s insurance carrier. They will seek to have a conversation with you, asking to confirm the indexing information listed above.

Failure to Warn and Manufacturing Defects

All user agreements have one thing in common — they have detailed disclaimer language that says that the scooter company is not responsible to the rider if he or she is injured. The language shifts the burden to the rider to be responsible for any injuries suffered while on a scooter. According to these disclaimers, the rider assumes risk. The rider is expected to understand how dangerous scooters can be. If you’re hurt as a rider, it’s not the scooter brand’s fault, and you won’t have a claim.

This considered, if disclaimer language shifts risks upon the rider, how do you bring about a claim?

When you’re pursuing a claim against a scooter company, you’re essentially making a product liability claim, under the theory of failure to warn or the theory of manufacturing defect — potentially in the capacity of a design defect. This is where you can pinpoint negligence on the part of the scooter company.

Regardless of the complexity of scooter companies’ user agreements, or whether these agreements shift the burden of risk upon the rider, there remains the question of whether people are being properly educated when they’re agreeing to use scooter apps.

To their credit, some companies have videos showing you how to ride their scooters properly, while others encourage wearing a helmet. (Notably, they don’t require helmet use, even though local and state laws might mandate that riders must wear helmets.)

Still, there may be gaps in these tutorials. They may not address how to use the scooter’s brakes or mention how wheels may be too small to negotiate curbs and potholes on city streets. When you take everything into consideration, you’ll find that riders may not receive comprehensive tutorials about scooter usage.

The Mindset Required to Pursue a Claim

If there’s any one thing that I’ve learned from my experience in dealing with scooter claims, it’s that you have to be really diligent in your approach. You have to be really smart about your investigating style and how you look for evidence.

Likewise, you have to set reasonable expectations with your client. This may require a very up-front, candid conversation about how complex and difficult scooter claims are, because of the nature of scooter companies’ user agreements.

Ultimately, be aware of what you’re up against. You’ll find that scooter companies are willing to be fair. They really want people to enjoy their scooters, and their hope is that people will do so without incident. Scooter companies and their representatives will demonstrate a willingness to engage with you and have a conversation.

You may find that they are willing to resolve a case with you, through arbitration or litigation. That might be what you and you and your client want.

Conversely, you may get into a situation where this claim cannot be resolved without litigation or arbitration, without some sort of legal remedy. If you find yourself in this situation, give Negretti & Associates a call. We’ll talk with you about what we’ve dealt with in the past and share our playbook to help you. At the same time, if you want to get us involved to try to help you and your client, we’re happy to do that as well. Call us at (602) 531-3911.

A Guide for Attorneys

electric scooter accident claims user agreements

This article is the second piece of a three-part series on electric scooter accident claims. In out previous article, we outlined how fault is determined in scooter accidents. We’ll resume this discussion by taking a closer look at the role of arbitration in dispute resolution, as well as themes commonly found in scooter companies’ user agreements. The third article in this series surveys evidence collection following a scooter accident.

While we this has been written with fellow attorneys in mind, we hope that everyone can benefit from this article — especially if you ride electric scooters frequently or have been injured while riding an electric scooter.

Topics that we cover in this article include:

Getting Started: Arbitration Provisions

At the outset of an electric scooter accident case, it’s smart to carefully study a scooter company’s user agreement. It’s common for scooter companies to make their agreements available on their sites. Examples include:

  • Bird
  • Lime (includes Jump scooters; Jump was an Uber brand prior to August 5, 2020)
  • Skip
  • Wheels

Generally speaking, these agreements contain arbitration provisions that typically require scooter companies to be put on notice of a plaintiff’s intent to arbitrate. The rider’s party must comply with the terms of the agreement in order to elect for arbitration.

This process isn’t as simple as making a claim with the scooter company’s claims department or customer service team, who would put your case in the hands their legal team and start the arbitration process. At the plaintiff, you have to meet the terms of the agreement. Sometimes, doing so is a matter of sending a letter, by certified mail, informing the company that you’ve elected to arbitrate a claim, and you’re going to rely on that provision in the user agreement.

Statutes of Limitations and Accelerated Claim Deadlines

Scooter companies’ user agreements may have language about the deadline that you have to bring your claim. In the legal profession, this is commonly known as the statute of limitations, which specifies the number of years that a plaintiff has to bring a claim.

Statutes of limitations vary by state. For example, in Arizona and California, the statute of limitations is typically two years for a personal injury claim. In Colorado, it’s two years, as well, but cases involving car accidents are afforded three years to be brought forward.

Keep in mind that some user agreements accelerate the statute of limitations to up to one year. In fact, in one agreement we recently encountered, the scooter company stated that it had to be notified of the injury or accident within six months of its occurrence. The claim needed to be started in that timeframe in order for the rider to have any remedy available to them. This is another reason why attorneys should read user agreements carefully.

With this said, we should note that it’s not uncommon for injured riders to contact attorneys well after their accidents have happened, asking assistance. They may try to submit claims themselves, only to learn later that their claims have been denied. Some riders are so preoccupied with treatment for their injuries that they don’t have the opportunity to consult with an attorney. This is perfectly understandable.

Arbitration Jurisdictions

Be sure to study a user agreement for language detailing the jurisdiction where arbitration will occur. Arbitration will utilize the laws and rules that are germane to that jurisdiction. Many scooter companies have corporate headquarters in California.

Imagine that you were to bring a claim against Bird, which is based in Santa Monica, California. Bird’s user agreement requires that arbitration will occur in the Los Angeles area, unless the parties agree otherwise. As an attorney, to bring that claim, you will need to be licensed in California.

Now, assume that your client were injured in Arizona while riding a Bird scooter. You could abide by the terms of the agreement and move to arbitrate, only to quickly learn that you are being subjected to the rules of procedure and rules of evidence as they relate to California, and you don’t have the ability to practice in California.

At Negretti & Associates, we receive calls from attorneys looking for us to either take over their cases or just take them from the beginning. Some firms lack experience dealing with scoter cases, while others may be unable to practice in certain jurisdictions. Since Negretti & Associates is licensed in Arizona, California, and Colorado, we have the ability to practice in those three jurisdictions. Most of the arbitration cases that we’ve led have occurred in California, and we use our California license for that work.

Differences in Laws Between Jurisdictions

Attorneys should also be mindful of laws in which claims may be adjudicated. Many user agreements have binding arbitration provisions that put claims in California, where a case law — Howell vs. Hamilton Meats & Provisions — says that the injured party can be compensated on paid medical charges, not billed medical charges. That’s a big difference from what our clients see in personal injury cases in Arizona and Colorado.

To illustrate, suppose that an accident-related hospital bill may total $30,000. If your client is Medicare eligible, Medicare may pay $3,000 of that bill. In California, where this claim may be arbitrated, you can ask the arbitrator for only $3,000 related to your hospital bill. All you get is dollar-for-dollar. If there is a recovery, your client may have to pay back Medicare for what Medicare paid.

In Arizona, the landscape is different. If you were to bring a claim involving a $30,000 hospital bill, and you get compensated on that, you may still have to pay back Medicare the $3,000. However, there remains a difference of $27,000 that can go towards resolving the claim — your client’s pain and suffering. Some of the things that allow you to get these claims resolved don’t exist in the way that the laws are constructed in California.

Be aware of these differences. They can be disheartening. Lawyers have called us at Negretti & Associates explaining that they have clients with more than $100,000 in medical bills. If the case is against Bird, in California, the dollar amount of medical bills does not matter. We only want to know what the paid charges are — what was paid by health insurance, whether it’s private or a public health insurance, such as Medicare or Medicaid. If the injured client was paid significantly less, then we’re dealing with those amounts, rather than the billed amounts.

People often look at medical bills and the severity of the injuries as a foundation to valuing claims. It’s easy to get caught up in $100,000 in medical bills. That doesn’t necessarily equate to a $100,000 claim. Depending on what is paid by health insurance, the claim could be significantly less.

Updates to User Agreements

While scooter companies’ user agreements have many things in common — such as arbitration provisions — they have many differences. Not only are there differences between scooter brands’ agreements, but one company’s user agreement can change significantly over time. Keep in mind that user agreements may be updated often.

With that said, the user agreement that your client may have clicked on and agreed to a few weeks ago could be different than the user agreement that’s available online today. If you’re looking for the user agreement that was in place at the time of the accident, as you engage in arbitration, you can specifically ask for it, through discovery. This is the version that your client is bound to.

It can be helpful to compare the version that your client agreed to with the user agreement that’s online now. Scooter companies will not highlight the changes for you. You’ll have to go through both documents and carefully compare them. You’ll want to see what language has been added and why it’s been added. As you read, consider possible reasons behind the changes.

At Negretti & Associates, we’ve used some of those additions to argue that scooter companies have known about things that they did not address in the older versions of user agreements. Only through the experience of litigation, arbitration, and handling more claims did these companies adjust their agreements’ language. In the past, they may have known that their scooters were dangerous. They may have been aware of an issue with an element of their service, but failed to disclose it.

Too Long and Complex for Riders to Understand

The terms of service that scooter companies use are sometimes difficult to understand. As attorneys, even we have some difficulty unpacking these! They are written in a very convoluted way. They’re what we call adhesion contracts, because you really have no way to negotiate their terms. Riders have no way to actually say, “Well, I disagree with this, but I agree to that.”

In a scooter company’s adhesion contract, if you disagree with something, then you shouldn’t ride the scooter!

What’s more, these contracts can be very long — perhaps dozens of mobile pages long. It is absurd to think that people will scroll through all 60 mobile pages of convoluted legal language before unlocking and riding a scooter, especially when they’re out on the town with friends. This is partly why scooter companies are creating user agreements that are so difficult to read and so long. They are hiding provisions in these agreements that people are never going to fully understand or review before riding.

Problem is, riders have to use their mobile phones to unlock scooters and ride them. They have to have the app installed on their phones.

This is where litigation can come into play. If you have a complicated case, you may want to look at the length of the user agreement or the level of difficulty in understanding and interpreting the user agreement. There may be a case to litigate, about whether the user agreement actually applies. If a court were to rule that the agreement doesn’t apply, your client in turn would not be bound to arbitration.

We’re not suggesting that because a user agreement says you’re bound to arbitration, that you should automatically arbitrate the case. You may have to look a little closer. There may be an opportunity to argue to a court whether the contract actually applies. At this point, you’re dealing with contract law. You’re not litigating the underlying personal injury claim, you’re litigating whether the contract, itself, applies to that underlying claim. Do all of the provisions apply, or can some provisions be stricken? If there is no user agreement, you may be able to bring the case to the court where the accident occurred.

Dangers Not Properly Addressed

One of the other arguments that we’ve made is that a lot of these scooters are being deployed in high-traffic entertainment zones, where there are numerous bars and restaurants.

Prior to COVID-19, at the beginning of 2020, people were out and about, dining at restaurants and going to bars and clubs. It was common for riders to hop from one bar to the next on a scooter, rather than hiring an Uber or Lyft driver.

The argument we’ve made is that it’s extremely dangerous and overly enticing to put these scooters in areas where people are going to be drinking — engaging in activities that are going to be distracting — and expect them not to use these scooters, when they’re right in front of them.

Most scooter firms’ user agreements have language that states that you shouldn’t ride scooters while intoxicated. Unfortunately, most people don’t see this language until it’s too late. Riding a scooter while intoxicated is no different from riding a bicycle or driving while intoxicated: you should not do it. However, it’s understandable why a rider may walk out of a bar in an area where there are a lot of bars and clubs, and not really think about the realities of whether you can safely ride while intoxicated.

We think the scooter companies have some responsibility here, simply because they station their scooters in these areas.

Scooters can be locked at any time by scooter companies. There’s geofence technology — a GPS barrier around an area where riders cannot travel, where scooters do not work. Scooter companies have easy access to scooters’ locations, which they can monitor that. They can police where their scooters go.

A scooter company can argue, “We didn’t leave the scooter in front of the bar, the last rider did. The last rider brought it into the off-limits zone.” We disagree with this. The scooter company has the technology to simply disable that scooter, and you have to walk it within a geofenced area. Further, they have the capability to lock all the scooters at 10 p.m., midnight, or 2 a.m., to prevent rides involving users who have been drinking.

It’s an argument that we’ve used in the past. You can access the technology through discovery. You can depose engineers, project managers, and decision makers. They will admit on the record that they have the technology to prevent scooters from being parked outside of bars. They’ll make excuses why they don’t do these things. Regardless, they have the technology to do these things.

Part Three in This Series: Evidence Collection

In the upcoming third — and final — installment of our series on pursuing electric scooter accident claims, we’ll review methods that attorneys can employ for collecting evidence.

If your law firm has questions about scooter law, give Negretti & Associates a call at (602) 531-3911. We’ll talk through what we’ve dealt with in the past and give you our playbook to help you. At the same time, if you want to get us involved to try to help you and your client, we’re happy to do that, as well.

A Guide for Attorneys

electric scooter accident claims arbitration

This article is part of a three-part series that has been designed for the legal community, to outline the complexities of pursuing electric scooter accident cases. Additional articles discuss themes commonly found in scooter companies’ user agreements and evidence collection following a scooter accident. That said, we hope that the general public finds this helpful, as well — especially if you are in a situation where you’ve been injured on an electric scooter.

Electric scooters are everywhere. You see them for rent on city sidewalks — near parks, bars, and restaurants. Depending on where you are, you may see scooter brands like Bird, Lime, Wheels, or Jump. Scooters are typically rented for short rides, as an easy and fun way of getting around.

The growing popularity of scooters is undeniable. Their advocates — along with city officials and urban planners, alike — have hailed electric scooters as a key piece of the so-called “micromobility revolution.” They argue that scooters are helping to alleviate traffic congestion by taking lane-clogging, air-polluting cars off urban streets. This translates into reduced need for parking spaces and more opportunities for pedestrian-friendly areas.

All of this is well and good. But, as more riders have switched to scooters to get around downtowns and suburban neighborhoods, the number of scooter-related accidents has increased in lockstep. We’re seeing a lot of broken arms, clavicles, and legs — as well as facial injuries — related to these accidents, as riders jump or are thrown from their scooters and brace themselves for impact.

Years ago, scooters were initially deployed without any sort of real regulation or oversight from the governments. Prior their arrival, laws and city ordinances simply didn’t address their use. Local governments were blindsided by how they proliferated along sidewalks.

Today, cities and states are slowly starting to catch up to the potential negative consequences that scooters can cause on city sidewalks, bicycle lanes, and streets. City councils are putting laws and regulations into place to protect their citizens from injuries that may be sustained on these scooters.

At the same time, we’re learning of discussions about whether scooter companies should be required to carry a certain level of insurance for each and every scooter rider. Conversations are happening about whether insurance can be provided by third-party carriers, so that riders can opt into purchasing coverage prior to their rides.

How Fault Is Determined in Scooter Accidents

There are many misconceptions about how fault is determined in electric scooter accidents. No matter what, fault is not determined exclusively by scooter companies or these firms’ insurance companies. Nor is fault determined solely by scooter riders — or city governments, or the police.

Let’s dispel some myths:

  • Companies such as Bird, Lime, Wheels, and Jump have insurance carriers that may say that they are the party that determines fault. Insurers can produce reports about the likelihood of a case’s outcome if it were put before a third party — such as an arbitrator or jury. However, insurance companies do not have final say regarding fault. It is not their decision.
  • Cities are typically indemnified by scooter companies if someone is injured on a scooter while riding on a sidewalk, bicycle lane, or a city street.
  • While police officers can issue citations for wrongdoing based on laws, they cannot determine fault.

Most commonly, the final say over who is at fault is a third-party arbitrator or potentially a jury of peers, who will render a verdict in a case regarding fault. It is possible that comparative allocation — or percentage of fault — can be a part of the verdict. In other words, the arbitrator or jury can rule that a scooter company may be 80 percent at fault, and the rider may be 20 percent at fault.

To understand how disputes of fault between parties can be resolved in electric scooter accident claims, it’s important to carefully review scooter companies’ user agreements, which commonly have arbitration provisions.

The Role of Arbitration in Electric Scooter Accident Cases

The most well-known electric scooter companies use arbitration provisions in their user agreements. These state that, in the event that a rider wishes to bring claim against the scooter company, the predetermined way is through a third-party arbitrator, rather than a court.

Arbitration is a little different than going into a courtroom. Instead of presenting your case before a jury, you usually deal with one arbitrator. Sometimes there may be a panel of up to three arbitrators. It’s really an informal courtroom procedure. You present your case in the office of an arbitrator office, who acts as a judge, in some regard.

After presenting your best case as a plaintiff, and the defendant presents its best case, the arbitrator makes a final decision. He or she will make a determination on how laws are applied, how contractual terms are applied, and then, ultimately, whether the rider or plaintiff is entitled to any sort of damages.

Rules of evidence and procedure still apply in arbitration. Depending on where a case is being arbitrated, these rules may be a little bit different.

Arbitration is binding. In other words, after a decision is rendered, you cannot appeal to a trial court. The decision is final; parties have to live with the decision. Scooter companies’ insurers are bound to arbitration decisions, as well. If an arbitrator were to award a plaintiff damages, the insurance company would have to pay for those.

Arbitration is something we’re seeing more frequently in agreements in which people enter into some sort of contractual relationship. In fact, there was a pretty tremendous injury claim in Texas — Phillips v. Neutron Holdings, Inc. — that was litigated against Lime’s parent company, Neutron Holdings. Although the case was litigated in the Texas courts, Lime moved to have the case dismissed and wanted to compel the plaintiff, the rider, to arbitrate the case.

Up Next

The next article in this series will discuss scooter companies’ user agreements in depth. We’ll explore what attorneys should look for in these user agreements, and how versions of agreements can offer clues that shed light on companies’ awareness of product liability.

If your law firm is working through a scooter accident case and has specific questions about scooter law, give Negretti & Associates a call. We’ll be happy to talk with you about what we’ve dealt with in the past and give you our playbook to help you. At the same time, if you want to get us involved to try to help you and your client, we’re happy to do that as well. Call us at 602-531-3911.

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.