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Compensation hurdles for pedestrians hit by e-scooters or bikes

On Behalf of | Aug 6, 2024 | Personal Injury |

While electric scooters and bikes are a convenient way to travel, they can also lead to accidents. Pedestrians injured by electric scooters or bikes can seek compensation for their injuries. However, receiving the compensation they deserve often proves challenging. Understanding these challenges can help pedestrians navigate the process more effectively.

Identifying the responsible party

One of the first challenges is identifying the responsible party. The party responsible for the accident could be the rider of the electric scooter or bike. It could also be the company that owns and rents out these vehicles. A third party, such as another vehicle driver, could also be at fault.

Determining fault can be complicated, especially if multiple parties are involved. Clear evidence and witness statements can help establish responsibility.

Insurance coverage issues

Another significant challenge is insurance. Unlike cars, electric scooters and bikes often do not require insurance. This lack of mandatory insurance can make it difficult to obtain compensation. The rider may not have insurance that covers the accident, and the company renting out the vehicles might have limited liability.

Even if the rider has insurance, it might not cover accidents involving electric scooters or bikes. Pedestrians may need to explore other options to help cover medical expenses. This could include their own health insurance or uninsured motorist coverage.

Proving negligence

To receive compensation, injured parties must prove that the responsible party was negligent. Negligence means that the rider or another party failed to exercise reasonable care, leading to the accident. Gathering evidence such as photos, videos, and witness statements can support your claim. New Jersey follows comparative negligence rules.

Calculating damages

Calculating the damages can also be difficult. Damages can include:

  • Medical expenses: Costs for hospital stays, medications, surgeries, and ongoing treatments
  • Lost wages: Income lost due to the inability to work while recovering
  • Pain and suffering: Physical and emotional distress caused by the injury

Accurately calculating these damages requires thorough documentation. Some cases require expert testimony to estimate future medical costs.

Navigating compensation challenges

Electric scooter and bike accidents can be life-altering. Knowing how to take action in these situations can help ensure fair compensation. It is important to maintain meticulous documentation of the injury and its impact. Given the complexities involved in these cases, seeking legal assistance can be crucial. 

Acting quickly and confidently will help make this process smoother. This way, pedestrians can navigate compensation challenges successfully and focus on their recovery. 

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