Gainesville Scooter Accident Lawyer
The increase of motorized scooters on the roads in Gainesville has been touted as an affordable way for tourists and residents alike to get around the city. They are also praised as being more environmentally-friendly than other forms of motorized vehicles. Unfortunately, with motorized scooters interacting with other vehicles, as well as pedestrians, accidents are bound to happen.
If you have been hurt by a negligent motorist, defective equipment, or another party, our Gainesville scooter accidents attorney can advise on how to claim the compensation you need for your injuries.
Why Scooter Accidents Are So Dangerous
Motorized scooters are much smaller and much more unstable than other vehicles on the road. They are also not equipped with the same type of safety equipment, such as seat belts, airbags, or a strong steel frame. Due to this, scooter operators are at much greater risk of sustaining a serious injury than drivers and passengers in other vehicles.
The increase of popularity in dockless scooters has contributed to an increase in visits to the emergency department, according to the Centers for Disease Control and Prevention (CDC). The CDC reported that traumatic brain injuries are a very common injury associated with scooter accidents. Almost half of respondents suffered a head injury, with 15 percent of victims sustaining a traumatic brain injury. Brain injuries are particularly problematic because this organ, which controls all of the functions within the body, typically takes longer to heal than other parts of the body.
Broken bones were also common injuries suffered by scooter accident victims, per the CDC study. Broken wrists, arms, ribs, hips, ankles, legs, and pelvis were all common injuries treated in the emergency room after a crash involving a scooter. Any injury sustained in a scooter accident has the potential to be very serious, so it is important to speak to a Gainesville scooter accident lawyer who can help you claim compensation for your injuries.
An Attorney Can Determine Liability After a Scooter Accident
Determining which party was at fault for a scooter accident is not always easy. Potential liable parties include:
- Negligent drivers: Motorists do not always respect the rights of scooter operators on the road and when that is the case, they can easily cause a crash.
- Scooter companies: Scooter companies are responsible for ensuring their equipment is safe and functioning properly so they do not cause a crash.
- Government entities: Government agencies are responsible for ensuring roadways do not have defects that could pose a danger to scooter operators or others.
In some instances, multiple parties may be liable for a scooter accident. For example, a motorist may crash into a scooter operator after the rider could not stop due to defective scooter brakes. In this case, both the driver and the scooter company or manufacturer may be liable for the accident. Our injury attorneys will identify all liable parties.
The Most Common Types of Scooter Accidents Our Gainesville Lawyers Represent
There are many types of scooter accidents that can be caused by negligence, including those caused by the negligence of drivers and other people who share the roads, careless manufacturers, and municipalities that fail to adequately maintain the roads.
Here are some common types of electric scooter accidents our personal injury lawyers in Gainesville represent:
- Scooter vs. bicycle accidents
- Scooter vs. bus accidents
- Scooter vs. car accidents
- Scooter vs. motorcycle accidents
- Scooter vs. pedestrian accidents
- Scooter vs. truck accidents
Understanding common scooter accident factors helps riders be vigilant. But when poor conditions, equipment failures, or negligence injures you, remember that you have legal options you can explore to pursue accountability.
Can You File a Scooter Accident Claim if You Weren’t Wearing a Helmet?
Florida’s scooter laws make no mention of helmet requirements. This means you can file a scooter injury claim even if you were not wearing a helmet.
However, Florida follows modified comparative negligence laws that state that your settlement or court award “diminishes proportionately” with the amount of your fault. For example, if you are found to be 30% at fault for your injuries because you weren’t wearing a helmet or for another reason, your settlement amount would be reduced by 30%.
The state’s fault laws are just one of many reasons it is a good idea to call a Gainesville scooter accident lawyer to protect your rights. The insurance company will likely argue that you shared more fault in the accident than you actually did to try to reduce or deny your compensation.
The Most Common Types of Scooter Accident Injuries Caused By Negligence
Common injuries we see in scooter accidents include:
- Traumatic brain injuries: Potential permanent damage impacting cognition, behavior and coordination
- Spinal cord injuries: Causing partial or total paralysis of the body and limbs if nerves are affected
- Broken bones: Fractures of the arms, legs or vertebrae requiring realignment and casting
- Road rash: Extensive painful skin abrasions requiring wound care and sometimes skin grafts, can lead to infection
- Head trauma: Injuries necessitating stitches and ongoing monitoring
- Joint dislocations: Forced separation of pivotal joints like knees, shoulders or ankles
- Ligament tears: Stretched or torn tissue around key joints
- Neck whiplash: Muscle strains and disc damage causing lingering mobility restrictions
The immense vulnerability of scooter riders makes preventing negligence paramount for public and rider safety. When poor maintenance, danger tolerance or carelessness causes wrecks, victims deserve justice and accountability.
How Long You Have to File a Scooter Accident Lawsuit in Gainesville, FL
According to Florida Statutes § 95.11, you have two years from the date of a scooter accident to file a lawsuit. If you lost a loved one in a fatal scooter accident, you also have two years to file a wrongful death lawsuit. There are certain exceptions to these timeframes, so it’s best to talk to a lawyer as soon as possible to preserve the value of your Gainesville scooter accident claim.
Florida’s PIP Insurance Claim Deadline
Because Florida operates on a “no-fault” car insurance system, you will need to make a claim with your own personal injury protection (PIP) policy before you can file a civil claim against any at-fault parties. Your own PIP coverage will compensate you for certain damages up to your coverage limits.
You must receive medical care within 14 days to obtain PIP benefits.
If your injuries are serious enough to meet Florida’s serious injury threshold, as they often are in cases of scooter accidents, you will be able to file a claim against any at-fault parties.
Exceptions to Florida’s Statute of Limitations
There are certain situations that can pause or alter Florida’s injury filing deadlines. These include:
- Defendants leaving the state: The clock stops until they re-enter Florida.
- Injured minors: The deadline does not start until age 18 with a seven-year limit for filing.
- Incapacitation from injuries: The clock restarts with regained competence, with a seven-year ultimate limit.
- Filing a claim against a government entity: Shortened windows may apply suing government entities.
How a Gainesville, FL, Scooter Accident Lawyer Can Help You
Being involved in an electric scooter accident can leave you stressed, injured and unsure of your rights and next steps. A Gainesville scooter accident lawyer can help you move forward in key ways, including by:
- Conducting a thorough investigation into fault and liability for the accident by reviewing all evidence, speaking to any witnesses, and bringing in experts like accident reconstructionist to recreate the incident.
- Assessing the full scope of your damages from medical bills to loss of earnings, and calculating all current and future costs associated with the injuries to pursue fair compensation to assist in your recovery.
- Answering any questions you may have about Florida laws pertaining to scooter accidents such as rights, responsibilities, liability, and legal options available.
- Fighting aggressively on your behalf against at-fault parties like scooter manufacturers, city governments that failed to address road hazards, or negligent drivers by leveling the playing field against potentially deep-pocketed opponents.
- Alleviating the substantial emotional burden involved with mounting a legal case by managing all legal components on your behalf with compassion and diligence.
Don’t face the complex and often confusing claims process alone—an attorney with scooter accident experience can advocate to protect your rights, offer unparalleled guidance, and allow you to focus on healing.
Call Our Gainesville Scooter Accidents Attorney for a Free Consultation
Scooter accidents often result in catastrophic or fatal injuries because scooter riders lack the protection of a vehicle. This can lead to a lifetime of medical and caretaking costs. Don’t face the fight for compensation alone. We will stand by your side and fight to protect your rights throughout every step of your claim.
If you have been hurt in a crash, our Gainesville scooter accidents attorneys at Meldon Law can help you claim the compensation you rightfully deserve. Call us today at (352) 373-8000 or fill out our online form to schedule a free consultation with one of our knowledgeable attorneys today.
