BY DAN VALENTI

Here’s our April 3 coverage of these disasters:

(FORTRESS OF SOLITUDE, MONDAY APRIL 4, 2022) — Just when you think that the out-of-touch, corrupt insanity that’s torturing the Kapanskis has hit a new low in Pittsfield, we have this.

We have e-scooters, the latest reeking wrinkle of “Ricky’s Rumpus.”

The hits just keep coming from the Tyer Administration.

You’ve heard of Abbot and Costello Meet Frankenstein? THE PLANET presents Danger City Meets Ricky’s Rumpus.

Soccer, baseball, hockey equipment
Let’s hear it for “RICKY’S RUMPUS,” the gift that keeps on giving! What better way to take advantage of pot-holed, drug-infested, confusing, dimly-lit Pittsfield byways than to put people on incredibly dangerous e-scooters that, guaranteed, will generate more broken bones, lawsuits, and even fatalities than a trip down Dewey Avenue at 3 a.m.?

With the help of our good friends at Shouse Law Group, we present verse and chapter why e-scooters will be disastrous for Pittsfield, and not just for the ridiculousness cost. To make it even better, rumor has it that somehow, the city is doing business with developer Rickard Stanley of Beacon Cinema fame. The city will be using scooters supplied by Bird.

Here’s the skinny. The e-scooters:

will cost $23.40/hour plus $1
small, solid wheels with no shock absorbing and poor traction
have weak headlights
high center-of-gravity with wheels not far enough apart to prevent frequent tipping and loss of control
come with no training
anyone with a smart phone and a real or fake I.D. can use one
prone to vandalism (a favorite is cutting the brake lines
are not maintained or routinley examined for safety.
What could possible go wrong?

For those who want for full story, THE PLANET and Shouse Law Group are here to give it to you.

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From Shouselaw.com

POOR DESIGN FEATURES MAKE SHARED E-SCOOTERS DANGEROUS
Some of the problems with shared E-scooters have stemmed from poor vehicle designs. These problems have led to E-scooter lawsuits being filed against Bird and Lime for defective designs.1

1. THE HIDDEN FENDER BRAKE ON THE BACK TIRE
Some, but not all, shared E-scooters come equipped with an emergency brake. It is located on the back wheel. However, to the untrained eye, it looks like a plastic covering for the back tire. Few people know that you can step back onto the plastic covering to push it into the wheel.

When going down a hill, this hidden fender brake can be the only way to slow down.2

People who do not know about this hidden brake will not be able to use it when they need to. They can also accidentally trigger it, potentially causing an accident.

Women’s clothes
2. ONLY CONSUMER QUALITY PARTS ARE USED
Many of the E-scooters on the road are consumer models. These consumer models are not made of materials that are designed to withstand constant use. Instead, they were made for single owners who only rode it a few times a day, at most. Consumer parts, especially those that are made of cheap plastic, deteriorate under the stress of constant use.

3. WEAK HEADLIGHTS
E-scooters are not supposed to be on the roads at night. However, they are still often being ridden as the sun sets. The weak headlights that adorn many E-scooter models are not enough for anything but the bright daylight. Riders are left to squint at the road ahead. Other drivers can miss oncoming E-scooters because of the weak headlights.

4. E-SCOOTERS HAVE A HIGH CENTER OF GRAVITY
E-scooters are meant to be stood on, during the ride. As a result, the center of gravity for E-scooter riders is very far from the ground. The spacing of the wheels is not wide enough to provide stability for a center of gravity that far away. Tipping over or losing control becomes very easy to do.

5. THE SMALL AND SOLID WHEELS
The wheels on shared E-scooters are small – 9 inches or less on most models. They are also solid, rather than filled with air. This design was to reduce maintenance costs. However, the solid wheels do not absorb shock very well. They also do not have as much traction as an air-filled tire. They are also much less able to roll up small steps in the road, like the cracks between sidewalk blocks or up the bump between the sidewalk and the street. This can cause you to lose control and get in an accident.

THINGS THAT MAKE RIDING A SHARED E-SCOOTER SURPRISINGLY DIFFICULT
E-scooters are also dangerous because they are not easy to ride safely. E-scooter sharing companies could have made them easier to ride. However, they failed to do this, putting riders and other innocent people in danger.

6. THERE IS NO RIDER TRAINING PERIOD
Anyone with a smartphone can download an app and unlock and ride an E-scooter. There is no training session or even an instructional video. Riders have to pay for their first ride, too, so they do not want to waste their money getting accustomed to the way it rides.

It should come as no surprise that one study found that one-third of riders who got hurt were in the middle of their very first ride.3

7. MOST RIDERS DO NOT KNOW TRAFFIC LAWS FOR E-SCOOTERS
Different states and even different cities have their own rules for where you can ride an E-scooter. Some require you to ride on the sidewalk. Others forbid it.

Few riders know the rules of the road for where they are. E-scooter sharing companies could provide a database of E-scooter rules and regulations, but they do not.

8. AT A GLANCE, E-SCOOTER RIDERS LOOK LIKE THEY ARE WALKING
E-scooter riders are in a standing posture. At a glance, drivers and pedestrians rarely realize that they are riding an E-scooter. They then make decisions on the assumption that the E-scooter rider is going far slower than they really are. This can cause confusion and an accident.

SAFETY PRECAUTIONS E-SCOOTER SHARING COMPANIES COULD HAVE TAKEN, BUT DID NOT
Finally, there are 4 safety precautions that E-scooter sharing companies could have taken to protect riders, but did not.

9. WARNINGS BEFORE TRIGGERING AN AUTOMATED SPEED REDUCTION
In some cities, E-scooter companies have created “geo fences” where their scooters can go faster.4Once the E-scooter crosses one of these fences, a computer program automatically slows the vehicle down.

Riders, however, are given no warning, and cannot see geo fences, which rely on GPS tracking. The sudden decrease in speed can cause a crash.4

10. VIGILANCE AGAINST KNOWN VANDALISM
Some people do not like E-scooters on the streets. A few have resorted to vandalism to make their anger heard. A couple of them have resorted to cutting the brake lines on E-scooters.5

Despite knowing about the danger, though, Lime and Bird do not regularly check their vehicles for damage. This puts riders and innocent bystanders in danger.

11. NOTIFYING RIDERS OF DAMAGE ON AN E-SCOOTER
Bird and Lime have developed E-scooters that self-report damage.6 Those reports, however, only go to the sharing company. They do not notify users of any damage or defects on the E-scooter they are about to ride.

In fact, both Bird and Lime expressly disclaim liability for damaged or defective E-scooters in their user agreement.7 They also force users to agree to conduct an extensive pre-ride safety check.8

12. STANDARD MAINTENANCE POLICIES
Both Bird and Lime rely on independent contractors to collect, recharge, and report damage to their E-scooters. These independent contractors do not have a strict policy to follow. They frequently miss clear signs of abuse or damage that endangers later riders.

REFERENCES:
See Joshua Emerson Smith, “Injured scooter riders line up to sue Bird and Lime, but ‘user agreements’ could shield companies,” The San Diego Union-Tribune (November 5, 2018). See also Man Killed After Collision on E-Scooter in Koreatown, NBC Los Angeles (March 5, 2022).
See Madeleine Pauker, “Brake complaints accelerate for e-scooters,” Santa Monica Daily Press (February 27, 2019).
“Dockless Electric Scooter-Related Injuries Study – Austin, Texas, September-November 2018,” Austin Public Health (April, 2019).
See, for example, Sonja Sharp, “Did your rented e-scooter suddenly shut down? Blame the invisible geofence,” Los Angeles Times (September 17, 2019) (Los Angeles and Santa Monica), and Lynda Lopez, “Geofencing Will Stop Scooters If Users Leave the Pilot Zone,” Streetsblog Chicago (May 15, 2019) (Chicago).
See, for example, Ben Tobin, “Several Bird and Lime scooters removed from Louisville due to vandalism,” Louisville Courier Journal (August 19, 2019) (Louisville, Kentucky), and Brian Schlonsky and Zac Self, “Vandals cut brake lines on scooters in Pacific Beach,” ABC News – San Diego (July 8, 2019) (Pacific Beach, California).
Andrew J. Hawkins, “Bird’s new electric scooter has a better battery and anti-vandalism sensors,” The Verge(August 1, 2019).
See Bird Rental Agreement § 15 and Lime Rental Agreement § 6.2.
See Bird Rental Agreement § 3.1 and Lime rental Agreement § 12.1.
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Watches and Jewelry
An electric scooter (Bird or Lime) accident lawsuit is a legal claim by a person injured from the use of a scooter. They are most often the result of someone’s negligence. However, they can also be the result of someone’s intentional conduct. Victims can suffer serious injuries that entitle them to compensation for:

Medical expenses,
Lost wages and other professional consequences like a reduced earning capacity, and
Pain and suffering.
Scooter accidents have also become far more common with the advent and proliferation of E-scooter sharing companies like Lime and Bird.

The California personal injury lawyers at the Shouse Law Office strive to represent people who have been hurt in a scooter accident. In this article, they discuss:

1. What are scooters and E-scooters?
1.1 The rise of E-scooter sharing
1.2 E-scooter sharing companies
1.3 Lack of regulations for E-scooters
2. E-scooter accidents
2.1 Accidents involving only an E-scooter rider
2.2 Accidents between E-scooters and pedestrians
2.3 Accidents between E-scooters and cars
2.4 E-scooters tripping pedestrians
3. The role of user agreements in E-scooter accidents
4. E-scooter accident injuries
5. Compensation for E-scooter accident injuries
electric scooters
1. WHAT ARE SCOOTERS AND E-SCOOTERS?
Scooters are two-wheeled devices with a flat platform between the wheels. People stand on this board and can propel themselves by kicking on the ground.

E-scooters, however, are scooters that are propelled by an electric motor. Not only do they move without the rider kicking it forward, E-scooters can also go much faster than normal scooters – some of them can go up to 15 miles per hour.

1.1 THE RISE OF E-SCOOTER SHARING
E-scooters have become incredibly popular in the last few years as a form of shared transportation that can be used for “last mile rides” – those that are too far to walk but not far enough to drive.

Riders can rent an E-scooter, often for as little as a dollar plus mileage, through a smartphone app. Once at their destination, riders can end their rental period and leave the scooter at their destination. Because the wheels of the E-scooter lock when the scooter has not been rented, E-scooters do not have to be docked in special locations like shared bikes do.

1.2 E-SCOOTER SHARING COMPANIES
Several E-scooter sharing companies have instigated and capitalized on this demand for rentable electric scooters. Some of the bigger companies providing smartphone apps and rentable E-scooters are:

Bird,
Lime,
Skip,
Lyft, and
Spin.
These companies have stirred controversy by dropping off hundreds of E-scooters in a city with little warning to local officials. In many cases, cities have no traffic rules or regulations in place for E-scooters, which frequently fall outside the definition of bikes, cars, and motorcycles. As a result, locals rent and ride E-scooters with no rules to dictate where they can and cannot go, putting themselves and others in danger.1

Some cities, including Los Angeles, have even temporarily banned E-scooters while lawmakers work to lay down regulations.2 Other cities have sent cease-and-desist letters to E-scooter sharing companies who have dropped the devices within city limits without talking to local officials, first.3

1.3 LACK OF REGULATIONS FOR E-SCOOTERS
One of the most controversial aspects of E-scooters has to do with the lack of regulations that govern how riders can use them.

Traffic laws governing non-traditional forms of transportation – like E-scooters – are frequently left to local governments. This means one city can require E-scooter riders to stay on the sidewalk, while another city can require them to stay on the street. The confusion can cause serious accidents that leave innocent people hurt.

e-scooter accident injured in hospital
2. E-SCOOTER ACCIDENTS
As E-scooters have become popular, the number of accidents involving an E-scooter has skyrocketed as well. In each city that has been inundated with E-scooters, hospitals noted a sharp rise in the number of patients visiting their emergency rooms.4

These E-scooter accidents can happen in a wide variety of ways. However, they can all be put into four categories:

A single-party accident that leaves the E-scooter rider hurt and no one else affected,
A collision between an E-scooter and a pedestrian,
A collision between an E-scooter and a car, and
A pedestrian tripping and falling over an E-scooter.
In each case, determining who was liable can be difficult. This is especially true because of the terms of use that E-scooter sharing companies force riders to agree to, in order to rent an E-scooter.

2.1 ACCIDENTS INVOLVING ONLY AN E-SCOOTER RIDER
Many E-scooter accidents are single-vehicle crashes that happen when the rider loses control of the vehicle.

In many of these cases, the rider’s inexperience contributes to the crash. One study commissioned by the Centers for Disease Control (CDC) to cover E-scooter crashes in Austin, Texas, found that 33% of riders were hurt on their very first E-scooter ride.5

However, not all of these accidents are the rider’s fault. In some cases, single-vehicle E-scooter crashes can happen when a rider is driving safely, but hits a bump in the road or a sudden rough patch of sidewalk that makes them lose control and fall.

Example: Clara is riding an E-scooter slowly on the sidewalk, where she is supposed to ride. Ahead, there is a sharp drop between the blocks of the sidewalk. She does not see the drop, and the sudden fall makes her lose her balance and veer into the side of a building. Because she was hurt by a poorly-maintained sidewalk, the municipality could be held liable for her injuries.

In other cases, the E-scooter itself may have caused the crash. In early 2019, a rash of seemingly unforced accidents was connected to defective E-scooters provided by the E-scooter sharing company Lime. In those incidents, the brakes on E-scooters traveling at full speed were being applied without the rider’s touch, causing some serious injuries.6

2.2 ACCIDENTS BETWEEN E-SCOOTERS AND PEDESTRIANS
Accidents between E-scooters and pedestrians have gotten the most attention because of the distaste that walkers have for E-scooters being driven on the sidewalk.

Crashes between an E-scooter and a pedestrian can be severe because of how vulnerable pedestrians are, especially when they are hit from behind. However, not all of these accidents are the E-scooter rider’s fault.

Example: Paul is riding an E-scooter on the sidewalk, where he is supposed to be. However, he is riding at 15 miles per hour, which is too fast for the lightly crowded sidewalk. Mary is leaving a coffee shop and as she opens the door and steps into the sidewalk, she gets hit by Paul because he has no time to stop or change direction. Paul will likely be held liable for the accident.

Example: George is crossing the street. He looks both ways for cars, but does not notice Tom approaching on an E-scooter in the bike lane, where he is supposed to be. When George steps out into the street, Tom crashes into him. George may be held liable because he did not see Tom.

2.3 ACCIDENTS BETWEEN E-SCOOTERS AND CARS
While relatively rare, accidents between E-scooters and cars are often the most severe. The weight of the cars and the vulnerability of an E-scooter rider often mean that the rider will suffer serious injuries.

One particularly common scenario is when a car “doors” an oncoming E-scooter. Many cities require E-scooters to be driven in bike lanes or on the far right side of a street. Car drivers who have parked on the side of the street often fail to check their side mirror before opening their car door. If they open their car door suddenly and an E-scooter rider is just about to pass, the driver could be held liable for the accident.

2.4 E-SCOOTERS TRIPPING PEDESTRIANS
One of the reasons why shared E-scooters have become so popular is that they are “dockless” and can be left anywhere. As E-scooter riders reach their destination and discard their ride, they frequently leave the E-scooter in a place that can inconvenience others or trip them as they pass by.

Pedestrians who get hurt after tripping and falling could be entitled to compensation from one of a variety of different people, depending on the details of what happened:

The E-scooter driver who left the vehicle for the victim to trip on,
The E-scooter company, if the vehicle had been left there for an overly-long time,
The owner of the premises, if the vehicle was left on private property, or
The city, if they have assumed the responsibility of removing discarded E-scooters.
3. THE ROLE OF USER AGREEMENTS IN E-SCOOTER ACCIDENTS
A key component in determining who was liable for an E-scooter accident – and therefore who should pay compensation for the injuries it caused – are the user agreements that E-scooter sharing companies require riders to sign before they can rent an E-scooter. These user agreements are binding contracts between the rider and the E-scooter sharing company, and go to great lengths to waive the company’s liability for a crash.

E-scooter sharing companies use these agreements to disclaim responsibility for accidents and pin liability onto the rider to the fullest extent possible. For example, Lime’s user agreement7:

Requires riders to abide by all traffic laws, but does not specify what they are or how to do so,8
Makes riders claim that they are “familiar” and “reasonably competent and physically fit” to drive an E-scooter before they are allowed to take their first ride,9 and
Requires riders to perform an extensive safety inspection before riding, and disclaims liability if the E-scooter was defective.10
E-scooter sharing companies also write their user agreements in ways that ensure no rider will read them before renting an E-scooter. For example, Lime’s user agreement is 53 pages long.11

Breaking any of the provisions in these agreements, though, can be used by the E-scooter company as an argument that they should not be held liable for injuries sustained in an E-scooter accident.

4. E-SCOOTER ACCIDENT INJURIES
The injuries that frequently occur in an E-scooter accident are shockingly severe, especially when the E-scooter rider was hurt and was not wearing a helmet.

According to one medical study, which examined 249 patients who went to an emergency room for an accident while riding an E-scooter over a one-year period, head injuries where the most common12:

Head Injuries 40.2%
Fractures and Broken Bones 31.7%
Soft Tissue Injuries 27.7%
That study found that only 4.4% of riders were documented as wearing a helmet at the time of the crash.

The study by the CDC also tracked injuries sustained by E-scooter riders. Out of the 190 injured E-scooter riders in their study, nearly half had a severe injury, including:

48% had fractures, lacerations, or abrasions to the head,
35% broke a bone other than then nose, fingers, or toes,
19% had multiple fractures, and
3% had skull fractures.
5. COMPENSATION FOR E-SCOOTER ACCIDENT INJURIES
Victims who have suffered one of these injuries in an E-scooter accident deserve compensatory damages for their:

Medical expenses, both in the past and anticipated in the future,
Lost wages or income during the recovery process,
Reduced earning capacity or ability to earn a living in the future,
Pain and suffering, and
Loss of companionship suffered by the victim’s family.
REFERENCES:
See e.g., Christina Araviakis, “Birds Take Flight in Baltimore: The City’s Attempt to Regulate the New Electric Scooters,” University of Baltimore Law Review (December 7, 2018).
Laura J. Nelson, “L.A. Officials Moved to Ban Rental Scooters in March. So Why are They Everywhere?” Los Angeles Times(August 16, 2018).
See e.g., Brianna Calix, “City of Fresno Issues Cease-and-Desist Letter to Bird Scooter Company,” The Fresno Bee (September 7, 2018); Rob Wile, “Scooter Companies Pulling Out of Miami Just Weeks After Making Their Debut,” The Miami Herald (June 21, 2018).
See e.g., Mary Wisniewski, “Watch Out! Cities With Electric Scooters Have Seen Hundreds of Injuries, from Broken Arms to Brain Trauma,” Chicago Tribune (May 13, 2019).
“Dockless Electric Scooter-Related Injuries Study – Austin, Texas, September-November 2018,” Austin Public Health (April, 2019).
Peter Holley, “Lime Scooter Riders are Being Injured by ‘Sudden Excessive Braking,’ Company Says,” The Washington Post(February 25, 2019).
Lime User Agreement (Updated December 7, 2018).
Note 7 at Section 1.4.3.
Note 7 at Section 1.5.
Note 7 at Section 12.1 and Section 6.2.7.
See note 7.
Trivedi TK, Liu C, Antonio ALM, et al., “Injuries Associated With Standing Electric Scooter Use,” Journal of the American Medical Association 2(1):e187381 (January 25, 2019).
ABOUT THE AUTHOR
Author Avatar
NEIL SHOUSE
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.