Miami Personal Injury Lawyer Blog
Electric scooters are popular due to their convenience and affordability, but this form of transportation is even more attractive when riders can easily rent them. In a recent assessment, it was reported that there are nine different rental scooter companies operating in Miami, including Baus, Bird, Bolt, Helbiz, Jump, Lime, Lyft, Spin, and Wheels. These organizations operate through a sharing service, in which riders can rent, use, and then drop off the e-scooter when finished.
The risk of accidents is still very real when using an e-scooter, so it’s wise to know your rights if you’re involved in a collision. You can trust a Miami e-scooter accident lawyer to explain the details about fault, but read on for helpful information on who is liable.
Common Causes of E-Scooter Accidents in Miami
E-scooter accidents are increasingly common in Miami, driven by a mix of factors unique to the city. These incidents are frequently linked to:
- Miami’s heavy traffic, particularly in densely populated areas like Downtown and Brickell
- Poorly maintained roads
- Unexpected obstacles like potholes
- Conduct by riders, motorists, and other road users
- Tourists unfamiliar with Miami’s traffic patterns
- Speeding and abrupt turns
Determining Liability in Miami E-Scooter Accidents
Liability for these incidents depends on the circumstances of the incident. If a motor vehicle strikes an e-scooter, the driver may be held accountable, especially if their actions were negligent. Examples are distracted driving or failing to yield. Pedestrians can also share liability in e-scooter accidents, such as where someone steps into an e-scooter rider’s path without warning.
Similarly, if the e-scooter rider behaves recklessly, they could be found liable for injuries to others. For instance, you could be partially to blame as a rider if you didn’t comply with traffic signage. Miami follows Florida’s comparative negligence rule, meaning that fault can be distributed among all parties involved. Your compensation may be reduced if you’re to blame.
Liability Issues for E-Scooter Rental & Sharing Companies
E-scooter rental and sharing companies, like Lime or Bird, also bear some responsibility in certain situations. If an accident occurs due to a mechanical failure, such as faulty brakes or a poorly maintained device, the company may be liable for damages.
Note that these companies often have user agreements that include waivers of liability. However, under Florida law, these waivers do not protect companies from claims involving gross negligence. Miami accident victims can challenge such agreements if they can prove the company failed to maintain the scooters adequately or knowingly allowed unsafe devices to remain in use.
Consult with a Miami E-Scooter Accidents Attorney for Free
You can see from this overview that liability concepts for electric scooter accidents are complicated. If you are facing challenges, experienced legal help can make all the difference. At Gerson & Schwartz, PA, our dedicated attorneys are here to guide you through your case and fight for the compensation you deserve. Visit us online or call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
