Who Is Liable for Scooter Accidents Involving Tourists in Downtown Nashville?
Electric scooters are commonly seen around Nashville, allowing residents to enjoy an eco-friendly mode of transportation. The City of Nashville is doing its part in encouraging the use of electric micromobility devices through the Shared Bike and Scooter Program. Initiated in 2022, the program partners with Spin, Bird, and Lime to offer convenience to residents and visitors who want to rent e-scooters. Each rented scooter is equipped with “geofencing” technology, which will turn off your scooter if you are riding in a no-ride zone or automatically reduce your speed in slow zones.
While assistive technology is helpful, it cannot prevent all accidents. An e-scooter crash can result in copious medical bills, lost wages, and other intangible losses. By determining who is responsible for your accident, you can pursue fair compensation. If you have recently been in an e-scooter accident, our Nashville personal injury lawyers at Raybin & Weissman would like to speak with you.
Rental Company or Manufacturer
Spin, Bird, and Lime have stations situated throughout Nashville, which allow you to rent an e-scooter, pay for your time, and return the scooter when finished. To operate a scooter, users must sign an electronic liability waiver form on the app that holds the rental company and manufacturer harmless for personal injury or property damage. You must agree to these terms before unlocking your first ride.
A liability waiver does not get the rental company or manufacturer off the hook. The liability release form does not apply to gross negligence or a product liability claim, which may apply if a malfunction caused your crash. The rental company is responsible for ensuring that its scooters are safe to ride. Alternatively, the manufacturer may be held responsible for a defective part or software failure. Common e-scooter malfunctions include loose handlebars, a sticky throttle (causing unintended acceleration), or the e-scooter turning off in the middle of your ride.
Motor Vehicle Driver
Motorists often overlook e-scooters, with many accidents caused by distracted, fatigued, or intoxicated drivers. Many drivers fail to allow extra distance between their vehicles and an e-scooter, resulting in serious and even catastrophic injuries. Pursuing damages will depend on showing that the motor vehicle driver acted with less than reasonable care, directly causing your injuries.
City or County Government
Although the city of Nashville is protected by governmental immunity (preventing individuals from filing suit), it does not pertain to injuries caused by defective roadways under the Tennessee Governmental Tort Liability Act (TGTLA).
If your e-scooter accident was caused by a pothole, loose gravel, a dangerous construction detour, or other hazardous condition, you may be eligible to pursue a claim against a local government agency. If you believe that the government should be a named party in your lawsuit, you should speak with our legal team.
Preserving Your Claim
If you have been injured in an e-scooter accident, always get medical care immediately. Nashville has various top-tier medical centers that can assess the severity of your injuries while linking your condition to your accident. The insurance company will comb through your claim to find any gaps in treatment, so it is important that you seek medical care right away and stay consistent with treatment. As such, do not cancel any follow-up appointments or deviate from the doctor’s orders.
Injured While Riding an E-Scooter? Speak with Our Nashville Personal Injury Attorneys Today
Although Nashville has been a forerunner in getting people to use e-scooters and alternative forms of transportation, it does come with inherent risks. If you or a loved one has suffered injuries in an e-scooter accident, do not hesitate to speak with our Nashville personal injury lawyers. To learn the true worth of your accident case, contact Raybin & Weissman online or by calling (615) 256-6666 to schedule your free consultation.