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San Diego is almost universally regarded as having the best climate in the country. There are very few days when San Diegans cannot go out and enjoy the warm weather. Some of the activities that they enjoy are riding bicycles and E-scooters.
The rise of bikeshares and E-scooter rentals means that more people than ever are out on their wheels. By March 2018, there were already more than 4,000 dockless bikes in San Diego from at least four companies.
By 2019, there were an average of over 200,000 E-scooter rides in San Diego each week. The city needed new rules because of the increasing dangers, and that caused some operators to leave town. Even still, there are over 100,000 E-scooter rides in the city each week.
Of course, E-scooter riders need to follow all of the legal safety rules. However, no matter how safe E-scooter operators are, they still face a number of dangers that range from the scooters themselves to what drivers do on the road.
In San Diego, riders can operate E-scooters in traffic so long as the speed limit is less than 25 MPH. They are limited to no more than 15 MPH. Their ability to be on the road gives them legal rights. Drivers must exercise reasonable care to avoid hitting or otherwise injuring them.
There are a number of things that could go wrong when you are on an E-scooter that can cause injury. They include:
When it comes to the scooter itself, both the manufacturer and the rental service have a legal obligation to provide you with a safe device that will not injure you. When it comes to the scooter rental service, they must regularly inspect and maintain the device. If the E-scooter has any mechanical problems, they must pull it off the streets and fix it before they allow someone to use it.
The manufacturer could be sued in a product liability lawsuit when the scooter is defective. This could cover accidents such as:
In addition, the City of San Diego itself or San Diego County could be to blame for the E-scooter accident. These devices rely on balance and smooth pavement. Things such as potholes and broken pavement could cause the scooter to tip over or the rider to fall. The government has an obligation to maintain pavement in good repair and could be responsible if broken sidewalks or roads have caused any injury.
San Diego has proven to be a popular place for bicycle commuters. The city has added scores of bike lanes to make the city much safer for cyclists. As a result, the number of people who take their bikes to and from work each day has almost doubled since 2000. In fact, the city is ranked in the top ten in the entire country for cycling by many metrics.
However, the downside to so many bicycles on San Diego streets is that there are more accidents. Drivers have never been particularly good at sharing the road with bicyclists. However, bikers who can keep up with traffic on a street without a bike lane have the right to their space in the lane.
No matter how many accolades San Diego wins as a bike-friendly area, there is still an elevated number of accidents. The places in San Diego County with the most accidents are:
The most dangerous intersections in San Diego for cyclists are:
Many of these intersections are dangerous because they do not have bike lanes. Cyclists are left to contend with traffic when motorists are driving aggressively and without any caution.
There are very few instances in which a bicyclist would be in an accident with a car and would walk away from it unharmed. Most bicycle accidents involve some sort of injuries. Over 95% of cyclists are injured in some way when they have an accident with a car. Even when the cyclist survives the crash, they could be left with serious long-term injuries that require care and could keep them from working.
In the days following your bicycle or E-Scooter accident, you are facing a number of challenges. These could be:
From a medical perspective, it is vital to get your injuries fully checked out in the days following the accident. You may have been hospitalized and required extensive treatment. However, there are some injuries that do not become apparent until some time after the accident. Either way, you need a documented medical file with your medical prognosis before you present a claim to the insurance company.
From a financial standpoint, you are left with mounting medical bills. In addition, you may not be able to work for a considerable period of time after your injury. Needless to say, money is tight, and you have your share of worries.
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Legally, you must start moving to establish the grounds for your accident claim. The first thing that you will need is evidence for your claim. When you have been injured in an E-scooter or bicycle accident, the last thing that you are able to do is to assemble the proof that would back your claim. This is what you would need to help prove your claim:
In the midst of all of this, the insurance company for the responsible party may also be hard at work. They see this time as an opportunity to try to pile onto an injured and unsuspecting claimant to try to reduce their own liability. This is why you need legal representation and a strong advocate who will fight for your legal rights.
The compensation process after your accident requires that you do two things:
Both of these could present a challenge in your case. Even if liability for your accident is clear-cut, the responsible party or their insurance company may make it difficult for you to be fully paid.
Your accident injury settlement or award would include compensation for the following elements:
You could expect that initial offers to settle your claim will be far below than what it is worth. This is why you would have an attorney. We would evaluate the offer for you and would let you know whether it is a fair attempt at compensation. You should not hesitate to reject an offer that is too low. Chances are that an insurance company will make more than one settlement offer. After all, they do not want to go to litigation either.
Nonetheless, litigation may be unavoidable in your case. When that happens, we would file a lawsuit on your behalf. This does not mean that your case is guaranteed to go to a jury. Many bicycle and scooter accident cases will settle before they reach a trial. A lawsuit is just one more weapon in our arsenal to put the maximum legal pressure on the insurance company to do the right thing.
The Ride App Attorneys will help you fight for financial recovery after you have been injured in an accident. The insurance companies do not want to give it to you, but we know how to put pressure on them. Call us today at (888) 272-7408 to schedule your free initial consultation. We will discuss your case and explain your legal options. The best thing that you can do is make the call right away because time is critical when you are filing a claim.