E-Scooter Accident Claims
If you’re involved in an e-scooter accident, you’re likely to sustain serious injuries.
If the accident that caused your injuries was caused by the negligence of another person, you may be entitled to make a claim for compensation. Our road traffic accident solicitors are experts in helping those who have been injured while riding an e-scooter and can help you secure compensation for the pain and suffering caused.
How JMW Can Help
Electric scooter users are vulnerable to road traffic accidents. In cases where another person was responsible for your accident and resulting injuries, you may be eligible to claim compensation.
Injuries are not always caused by collisions with other vehicles, for instance, potholes and other road or pavement defects can cause accidents. For this reason, injuries can vary widely, including broken bones, brain damage and spinal injury.
Compensation awarded in such cases can help to cover the cost of medical fees, any potential loss of earnings and the repair or replacement of your e-scooter. We will review your losses and put together the strongest possible case on your behalf to ensure you can focus on making a recovery and don’t need to worry about any issues related to having an accident.
Our team has more than 35 years of experience, and always keep up to date with the latest updates to the law related to road traffic accidents. This means we can handle your case well and ensure any new legislation is considered when making a claim.
What Should I Do if I'm Involved in an E-Scooter Accident?
If you have been involved in an e-scooter accident, the following steps will help to ensure the claims process runs as smoothly as possible for you. Your health should always be your first priority, so make sure to receive medical treatment for your injuries before taking these steps.
- Report the incident to the police as soon as possible. This is important if a driver responsible for the accident flees the scene.
- Take down the names, addresses and telephone numbers of anyone who witnessed the accident.
- Photograph the scene, including what caused the accident and the damage to any vehicles involved.
How Much Compensation Will I Receive for an e-Scooter Accident Claim?
The compensation you could receive from an e-scooter accident claim will depend on the injuries you sustained in your accident, who is found to be at fault and the circumstances surrounding the incident. There may be additional factors that add to your compensation amount, like any private medical expenses you have incurred.
The figures below provide a rough idea of how much you could receive for an e-scooter accident claim, based on the Judicial College Injury Tables. For a more accurate calculation of how much compensation you could be entitled to, based on your own circumstances, contact JMW today.
|Neck injury with varying levels of recovery||Up to £10,960|
|Serious or severe neck injury with permanent symptoms||£36,240 - £118,240|
|Minor brain or head injury||£1,760 - £10,180|
|Minor to moderate brain damage||£12,210 - £174,620|
|Minor to moderate knee injury||£13,000 - £38,000|
|Loss of one leg below the knee||£83,550 - £109,570|
|Loss of both legs below the knee||£160,600 - £215,310|
|Shoulder injury||£6,290 - £15,300|
|Hip and pelvis injury||£3,150 - £104,370|
How long does an e-scooter accident claim take?
The duration of an e-scooter accident claim can vary significantly depending on a number of factors. Below are some elements that could influence the timeline:
Complexity of the Case
Straightforward cases, where the other party admits liability, can often be resolved in a matter of months. However, more complicated cases involving multiple parties, severe injuries, or contested liability can take much longer, potentially stretching into years.
Severity of Injuries
The extent of your injuries will play a role in determining how long your claim takes. It is generally advisable to wait until you reach a point of "maximum medical improvement" (the stage where you've recovered as much as you're going to from an injury or illness) to fully understand the long-term impact of your injuries, as this will affect the amount of compensation you may be entitled to. Waiting for a comprehensive medical evaluation can extend the claim duration.
Willingness to Settle
If both parties are willing to negotiate and reach a settlement agreement, the claim process can be expedited. If the case goes to court, however, the timeline will inevitably extend, as court proceedings can be lengthy. It is unlikely that you will have to go to court, as most claims are settled before this.
Collecting necessary evidence, such as medical records, police reports, and witness statements, takes time but is crucial in building a robust case. The speed at which these materials can be gathered will impact the duration of your electric scooter accident claim.
Certain procedural elements must be observed, such as submitting a formal claim to the responsible party or their insurer and waiting for a response. Legal protocols and deadlines must be adhered to, and these can also add time to the process.
Are there time limits for e-scooter accident claims?
Yes, there are time limits within which you must file an e-scooter accident claim. In the UK, the standard limitation period for personal injury claims, including electric scooter accident claims, is generally three years. This means you have three years from the date of the accident or from the date you became aware of your injuries to initiate legal proceedings. Failing to do so within this time frame may result in your personal injury claim being time-barred, effectively preventing you from pursuing compensation.
Exceptions do exist, especially in cases involving under-18s or individuals who lack mental capacity. For those under 18, the three-year time limit begins on their 18th birthday, giving them until they turn 21 to make a claim. In cases involving individuals with diminished mental capacity, the limitation period may be extended, sometimes indefinitely, until they regain capacity.
It's important to consult with an e-scooter accident solicitor as soon as possible after an accident to ensure that you adhere to all deadlines and maximise your chances of securing compensation. Time is of the essence, and the sooner you begin the claims process, the better your chances of building a strong case.
FAQs about E-Scooter Accident Claims
What are Common Causes of E-Scooter Accidents?
E-scooter accidents can occur under a variety of circumstances, each presenting its own unique set of challenges for making a compensation claim. Below are some of the common types of e-scooter accident compensation claims that our specialised electric scooter accident solicitors at JMW can assist you with:
Collision with Motor Vehicles
The most straightforward type of e- scooter injury claim usually involves a collision between an e-scooter and a motor vehicle such as a car, van, or lorry. If the motor vehicle driver is found to be at fault due to actions like speeding, dangerous overtaking, or failing to yield, you may be entitled to make an electric scooter accident claim.
Collision with Cyclists or Pedestrians
E-scooter riders may collide with cyclists or pedestrians due to overcrowding, lack of proper signalling, or failure to yield right of way. Determining liability in these instances can be complex, making the role of an e-scooter accident solicitor invaluable.
Road and Pavement Defects
Accidents caused by potholes, loose gravel, or faulty road signs fall under this category. Local authorities may be held responsible for failing to maintain the roadways, giving you grounds for an electric scooter accident compensation claim.
If your e-scooter malfunctions due to a manufacturing defect or poor maintenance services and results in an injury, you may have a product liability claim against the manufacturer or service provider.
Hit and Run Incidents
In unfortunate instances where the responsible party leaves the scene, a hit-and-run claim can be made. These are complex cases that require thorough investigation, and our experienced e-scooter accident solicitors can guide you through the necessary steps to secure compensation.
Multiple Party Accidents
Accidents involving more than two parties can complicate the claims process, as determining fault becomes increasingly difficult. Expert advice from a skilled e-scooter accident solicitor is essential in navigating the complexities of these situations.
One of the leading causes of e-scooter accidents involves the negligence of motor vehicle drivers. This can range from failing to yield right of way to e-scooter riders, to distracted driving such as using a mobile phone, or even driving under the influence.
Poor Road Conditions
Potholes, uneven road surfaces, or lack of proper signage can all contribute to accidents involving e-scooters. Local authorities could be held liable for failing to maintain the infrastructure, thus providing grounds for an e-scooter accident compensation claim.
Inexperience with e-scooter controls or failure to understand their capabilities can result in accidents. This is especially common among riders who are new to using e-scooters and are unfamiliar with how to manoeuvre them safely.
E-scooters are capable of reaching speeds in excess of 30mph, which can be risky, especially in crowded or confined areas. Accidents can occur when e-scooter riders or other road users are travelling at excessive speeds.
Are e-scooters classed as motor vehicles?
E-scooters are classified as personal light electric vehicles (PLEVs) under s185 of the Road Traffic Act 1988, meaning they are treated as motor vehicles. This is a catch-all term for personal transport such as electric scooters, Segways, hoverboards, electric unicycles and electric skateboards.
While there is no specific legislation dealing with PLEVs, case law has provided clarity on where they sit within existing definitions. In 1999, a rider of a ‘Go-Ped’, a scooter powered by a small two-stroke engine mounted on the footboard, was convicted because despite the vehicle not having lights or suspension indicators, it was deemed a means of road transport.
Another case involving a sit-down electric scooter, known as a ‘City Bug’, dismissed a rider’s appeal for driving without insurance because the scooter was found to be a motor vehicle. More recently, the owner of a ‘City Mantis’ - a battery-powered folding mini-motorcycle - was charged with driving on the road without insurance as the City Mantis was deemed to be a motor vehicle for use on roads based on statute and existing case law.
How fast am I allowed to go on an e-scooter?
According to legislation brought in on the 4th July 2020, the speed of e-scooters will be limited to 15.5mph, while the power will be limited to 500 watts.
Start Your Claim Today
If you have been injured in an e-scooter accident caused by somebody else’s negligence, contact JMW today to make a claim for compensation, our team of personal injury claims solicitors will be able to help you. You can either call us on 0345 872 6666, or fill in our online enquiry form to request a call back.