In some instances, yes, you may be able to recover compensation, but it may not be easy without the help of an accident attorney.
Bird and Lime scooters are electric scooters that can be found in various cities including Los Angeles, Santa Monica, and even San Diego. Someone interested in riding a Bird scooter simply has to find one in an area nearby, pay the fee through the Bird app which unlocks the scooter, agree to the Bird Rental Agreement, Waiver of Liability and Release, and take it for a ride. When done, the Bird scooter can be left merely anywhere, with respect to the limitations the company identifies, so that another ride may use it when they need it.
While the Bird scooter serves as a convenient mode of transportation, it poses as a risk to many individuals, including the riders. If you suffered an injury while riding a Bird scooter or you were involved in an accident with a rider of one of these electric modes of transportation, you should consider contacting a Los Angeles, CA accident lawyer who can help you file a claim with the appropriate party in an effort to recover compensation for your injuries.
Filing a Claim for a Bird Scooter Accident Poses Many Challenges
When a rider agrees to the terms and conditions stipulated in the Bird Rental Agreement, Waiver of Liability and Release, they free the company from liability when they fail to follow one or more rules stipulated in it. For example, riders are prohibited from engaging in any of the following acts:
- Riders cannot place any heavy objects on the handlebar of the vehicle, such as a heavy backpack or bag.
- While the vehicle is in motion, the rider is prohibited from using a cell phone, text messaging device, music player, or any other type of device that has the ability to distract the rider from operating it in a safe manner.
- Riders cannot operate the vehicle while under the influence of any alcohol, drugs, medication, or other substance that will impair their ability to drive it safely.
- Riders are not allowed to ride with a second person.
- The scooter must be left at a “lawful parking spot, in an upright position using the kickstand. The vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space.” This would include areas where there is heavy traffic such as entrances to buildings, sidewalks, etc.
- The scooter must be parked in a space that is visible.
When a rider violates any of these rules, the likelihood of bringing a claim against the company and being paid for it is very slim. And filing a claim against their auto insurer has proven to be just as difficult as many don’t want to assume responsibility for these types of accidents. In fact, Bird states in its agreement that “your automotive insurance policies may not provide coverage for accidents involving or damage to this vehicle.” To further prove our point, below we share with you some examples of the struggles victims have been faced with when involved in an accident with a Bird scooter.
- A 39-year-old woman was riding a Bird scooter when she found herself having to swerve out of the way of a toddler who ran in her path. She fell forward as a result and broke both bones in her right arm. She had to undergo surgery where she had plates and pins put into her arm. When she went to file a claim with her health insurance carrier, the company claimed her car insurer was responsible for her medical bills yet when she contacted her car insurer, they informed her they wouldn’t cover an accident on a two-wheeled vehicle [Source: Los Angeles Times].
- A woman and her son were walking down the sidewalk at UCLA when a Bird driver crashed into her. She was knocked unconscious and all she could recall was the rider saying “my bad” before riding away. The woman suffered a concussion which caused her to miss work and lose out on money she would have otherwise earned had she not been involved in the accident. The woman contacted Bird asking that the company disclose the rider’s name and have him banned although they informed her that they “had taken appropriate measures [but] refused to divulge the rider’s name or any other information to her” [Source: Los Angeles Times].
So, you see, trying to file a claim against Bird and winning can be a rather difficult task to accomplish when you aren’t being backed by a reputable and aggressive Los Angeles, CA accident lawyer who knows what your rights are and what the company’s obligations are to the public. Therefore, if you were involved in an accident with a Bird scooter and want to increase your chances of recovering the compensation you need and deserve, consider contacting The Ledger Law Firm today to get connected with a legal representative in your area.
The Ledger Law Firm can be reached at:
5160 Birch Street, Suite 100
Newport Beach, CA 92660