E-Scooter and Dockless Scooter Liability in Tennessee
If you are a pedestrian or driver who is injured as a result of a scooter rider’s negligence, or a scooter rider who is injured as a result of a malfunctioning or defective scooter, you may have a claim for damages. Who is responsible for your Tennessee e-scooter accident? Well, that’s where it can get confusing.
Types of Dockless Scooter or E-Scooter Injury Claims
Pedestrian accidents involving scooters
If a scooter hits a pedestrian, a claim could be made against the scooter’s operator and potentially their homeowner’s policy would be exposed. If a scooter rider is hits a pedestrian during while using scooter during the course and scope of their work day (for business) than the claim might fall under a company’s general liability policy, or auto insurance policy.
E-scooter and dockless scooter product liability claims
If your scooter breaks or malfunctions while you are riding on it and causes you injuries, you may have a product liability claim. In Tennessee, any party that manufactured sold or marketed the defective product can be held responsible for your injuries. So not only can you bring a suit against Lime, Bird, Uber’s Jump or any of the other numerous scooter companies, but also the manufacturer of the scooter. Nashville E-scooter and dockless scooter companies have a duty to maintain their scooters and keep them in proper working order for the safety of all people on the roadway.
I signed a liability waiver, can I still make a claim?
While e-scooter companies like Lime and Bird make users sign liability waivers, these waivers do not bar claims of gross negligence.
Injuries are on the rise but changes for the better are on the way
It’s scary out there. Vanderbilt reports at least 1 scooter related injury per day and 1 serious scooter injury per month. The city has reports of everything from pedestrians being run over on sidewalks, to pedestrians in wheelchairs being forced into the roadway because the sidewalks are littered with illegally parked scooters, to scooters riders not following the rules of the road while riding with traffic and causing collisions, and even reports of scooters abruptly stopping and violently chucking their riders over the handle bars.
Thankfully, stiffer safety measures and regulations are in the works. There has been talk of creating scooter corrals on every busy corner that limit where the scooters can be parked or scooter storefronts that allow or require riders to purchase helmets before using the scooters. While pressure is on the city and the scooter companies to quickly come up with a safer way to enjoy this new technology, the Nashville public will remain at risk. If you are a scooter rider, please follow the rules and take all possible safety precautions. In the eyes of the law, riding a scooter is the same as riding a bicycle or any other vehicle, therefore you must adhere to the same laws. Please visit our blog about rising scooter injuries to learn more about proper use of Nashville scooters. If you a are a pedestrian walking or driving downtown please be aware of your surroundings so that you may be able to protect yourself or your family from potential collisions with dockless scooter and e-scooter riders.
Rocky McElhaney Law Firm E-Scooter Attorneys are Here to Help
Were you injured after riding a dockless scooter? Did someone riding a dockless scooter injure you or a family member? At the Rocky McElhaney Law Firm, we have only one mission: to help injury victims get justice.
We realize that because scooters are so new to Nashville that understanding liability and how to go about making a claim can be very complicated and confusing. Scooter injury victims need a knowledgeable advocate who can see the claim from all sides and fight for the maximum compensation available. Scooter injury victims need Rocky McElhaney Law Firm.
If you or a loved one has lost their life as a result of a scooter-related wreck or pedestrian accident,