Who Is Responsible When a Bird or Lyme e-Scooter Causes a Crash in Ohio?
Who Is Responsible If A Vogel Or Lyme E-Scooter Crashes In Ohio?
Bird and Lime e-scooters appeared literally overnight in Columbus in 2019. Spin machines and a rotating group of other competitors soon followed. E-scooters, which drivers rent within half an hour, are quickly becoming almost as common as bicycles on the streets of Ohio’s capital.
Inevitably, the e-scooter crashed. Horsemen fell. Drivers beat drivers. Drivers slammed into cars. Of course, when injuries occurred, victims asked, “Can I file a lawsuit in Ohio for bird roller injury?”
Replace Bird with the appropriate company name and the answer remains, “It depends.” In order to determine who is liable for the compensation of a person injured in an accident with an e-scooter, the reason for the collision must be determined. It is also helpful to know how e-scooter rental works and what options for car insurance coverage the e-scooter driver offers.
What happens if a driver breaks alone?
A Bird, Lime, or Spin rider who suffers injuries from falling off a scooter, running into a wall, or hitting a pothole is almost certainly alone to pay medical bills. Current rules make it virtually impossible to succeed in a lawsuit against Bird or any other Ohio e-scooter company.
The lease that drivers accept when checking out an e-scooter frees the company from any action taken by drivers. Litigation with the potential to set standards for the job e-scooter companies must do to ensure their machines are safely designed and in good condition is being carried out by a variety of courts. However, drivers currently enter e-scooters largely at their own risk.
Let me recommend that every Bird, Lime, and Spin rider wear a helmet to avoid offering legal advice. It also helps avoid accidents by driving in traffic, obeying traffic lights and stop signs, staying on the road, staying as close to the right curb as possible, and never driving drunk.
What happens if a driver causes an accident with a car or truck?
Car and truck drivers who are injured in accidents involving e-scooter drivers have three options for claiming reimbursement of medical expenses, payment of lost wages and compensation for pain and suffering. This also applies to passengers in motor vehicles.
First of all, the injured vehicle occupants can examine whether the driver has taken out roof insurance or whether there is liability insurance in accordance with the homeowner’s policy. Car insurance doesn’t cover a person who operates an e-scooter, but other types of insurance can come into play.
Another option would be to sue the culprit. Before doing this, however, the injured party wants to work with a personal injury attorney to ensure the e-scooter rider has sufficient financial resources to pay a potential award from a personal injury lawsuit.
The best option is to have access to your own uninsured car insurance through your own auto insurance company. Ohio law does not require drivers to carry uninsured motorist coverage. However, the choice of cover will prove to be worthwhile in situations where you are injured in an accident caused by an e-scooter driver.
Relying on uninsured car insurance does not mean that claims are automatically paid. The injured person must continue to provide evidence that someone else caused the wreck and that all alleged injuries and costs resulted from the collision.
What happens if a driver hits and injures a driver?
A driver injured in an accident caused by a negligent or reckless driver has the same rights as a pedestrian to file an insurance claim or lawsuit. Here, however, it’s important to understand that Ohio’s personal injury law follows a rule of comparative negligence. In the case of an e-scooter driver who is found to be responsible for 30 percent of the accident in which he was injured, for example, the settlement or court compensation is reduced by this amount.
Corey Heit of Heit Law of Westerville welcomes questions regarding litigation over injuries to Columbus Bird scooters. He offers free advice and takes appointments online. You can speak to Corey by calling him at (614) 898-5300.