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Silicon Valley roads are traffic-clogged, and the problem is only getting worse. In order to reach their jobs, people are resorting to alternative means of transportation. This includes bicycles and E-scooters. However, scooter riders and cyclists are not always safe on the roads when they have to share them with drivers. If someone else is to blame for your E-scooter or bicycle accident injuries, you may be able to recover financial compensation.
San Jose has only recently started its E-scooter program. In early 2019, the city issued permits for nearly 6,000 E-scooters to six companies. The largest E-scooter company in San Jose is Lime, which was initially issued 2,350 permits. The other E-scooter companies operating in San Jose are:
In San Jose, riders must not operate E-scooters on city sidewalks. The city fines riders for doing this. Instead, they must travel in bike lanes or on city streets. This makes things safer for pedestrians, but it increases the risk to those riding the scooters. They must contend with motorists who can cause them severe injury who do not always respect their legal right to be on the roads.
San Jose has even permitted E-scooters that are fitted with artificial intelligence. However, this is primarily aimed at ensuring that riders are safe as opposed to doing anything to make it safer for riders.
E-scooters are a newer part of San Jose’s transit picture, so we are still learning about safety. In other cities with many E-scooters, here are some of the safety dangers that are being learned.
The truth is that E-scooter rental agencies do nothing to train riders, who are able to pick up the scooter on the street and ride them. Most times, these scooters are not inspected between riders, and the rental company may not know of malfunctions until it is too late. These companies have an obligation to ensure that their scooters are in proper working order. Both the manufacturer and rental company could be legally responsible when you have been injured in an E-scooter accident.
Other possible responsible parties for your scooter accident are motorists and bicyclists. E-scooter riders share a bike lane with cyclists. They each have the legal right to be there. Sometimes, bikers and scooter riders will collide, and the rules of negligence are like any other personal injury accident.
Drivers are also capable of hitting scooter riders. When that happens, it could cause serious injury. E-scooter riders have no protection whatsoever from the impact of an accident. They will bear the full brunt of the impact with a car or street.
Finally, injured riders could possibly sue the city or party who was responsible for maintaining the pavement. When there is broken pavement on the bike lane, street, or in a parking lot, the city or the property owner has a legal obligation to fix it. If not, they may be obligated to pay for injuries when someone falls over bumps and potholes.
Since E-scooters are relatively new, lawyers need to be familiar with the legal issues that they involve. You should have an attorney who understands both how these new inventions work and the maze of possible scenarios of liability in an accident.
San Jose is by far the deadliest city in the South Bay area for cyclists. According to one study, it has 11 of the 25 most dangerous spots for cyclists in Santa Clara County.
From 2014 to 2018, San Jose averaged nearly 300 bicycle crashes per year. Cyclists were injured in more than 95% of these crashes as it is very rare to walk away from a bicycle crash with a vehicle. These crashes caused a total of 77 severe injuries and 21 deaths in that time span.
In fact, these statistics make San Jose one of the most dangerous cities in the country for bicyclists. The most dangerous area in the city is the area around San Jose State University in the heart of the city.
The recent rise of bikeshares has put even more cyclists on the road. Numerous companies now compete in San Jose, with their docking stations all over the city. Even rideshare giant Lyft has now moved into San Jose with their electric bikes.
Chances are that those who have been in a bicycle accident have suffered some sort of injury, even if it is not critical. No matter what, if you have suffered any kind of injury in a bike accident, you may be entitled to financial compensation.
If you have been injured, you would start the compensation process by submitting a claim with the responsible party’s insurance company. If the defendant is the government, you would file a lawsuit directly against them.
Before you file a claim, it is critical to consult with an attorney. You must bring some evidence with you when submitting a claim that shows that the other person is at fault. Liability is not always a given. It may be contested, especially when the insurance company thinks that they can get away with it. Therefore, your claim could include the following:
This is not easy to assemble on your own when you are dealing with an injury. However, you cannot afford to lose time during the claims process because you have a limited amount of time to file a lawsuit. In California, the statute of limitations is two years.
The process for filing a bicycle accident claim can be time-consuming, making it especially difficult for the average person. There are several major issues that you may face when filing a bicycle accident claim:
Fair compensation for your bicycle accident injury is not guaranteed or assured. If you do not stand up for your own legal rights, the insurance company could steamroll you and either pay you nothing or far less than you deserve. However, it takes some courage and confidence in your position to turn down an offer already on the table because you know that you are entitled to more.
The responsible party for your bike accident has the legal obligation to make you whole for all of the damages that you suffered. This includes both money that you spent from your pocket and payment to compensate you for how much you suffered.
Bicycle accident compensation includes the following:
As you can see, there are numerous ways that an insurance company could try to pay you less. For example, pain and suffering can be very subjective, no matter how much the insurance company tries to claim that they look at it objectively. They may also dispute whether you are able to work and how much you could have earned.
Each element of a damages claim could be in dispute. The insurance company does not get the final word in your case. The way to fight back is by filing a lawsuit if they will not pay you what you deserve. Sometimes, this is what you have to do in your case. This is why you need an attorney that the insurance companies take seriously. Otherwise, they may think that they can take liberties at your expense, and that will cost you money.
Let our attorneys handle the hard work if you or a loved one have been injured in a bicycle accident. You can take control when you hire one of our lawyers to fight for top dollar in your compensation claim. Contact The Ride App Attorneys today to get started with your legal process. We commit to fighting for you as you seek the cash that you deserve after your E-scooter or bicycle injury. Call us today at (888) 272-7408 to schedule your free initial consultation to discuss your case.
Tenny Mirzayan is the best out there. She handled our car accident case, and destroyed the other side. Farmers Insurance offered us $0, and she got us deep into the six figures. She did not let us get pushed around. Thank you!!!
-Lyle T.
