San Diego’s new scooter regulations may reduce injury and lawsuits.

California – August 11, 2022

San Diego City Council’s Active Transportation and Infrastructure Committee proposed rules to take effect this Summer that include:

• a crackdown on sidewalk usage,
• rules against staging scooters in large clusters,
• a ban on parking scooters anywhere but city-painted corrals,
• lessening the number of companies allowed to operate scooters,
• quadruple the annual fee they’ve been paying
• require operators to respond to complaints about their scooters within one hour
• extend the city’s scooter regulations for the first time to electronic bikes,
• Scooter use has dramatically increased recently after a two-year lull that everyone blames on pandemic-related restrictions.

Changes are meant to reduce reckless scooter use and shift the city’s operating model from permit-based to a request-for-proposals model allowing the city to make more demands of operators and decrease the maximum number of scooters allowed in the city from 11,000 to 8,000.

Government lawsuits.

The San Diego city government can be named in a personal injury lawsuit if road hazards are present, especially when the damage to the roadway has been identified, reported, and not fixed in a timely manner. A scooter rider may be at risk of head injury after falling to the ground or  being ejected from a scooter if they hit rough patches in the roadway such as potholes or damaged sidewalks. In California, a motorized scooter is defined as a vehicle that has:

• Two wheels
• Handlebars
• A floorboard that can be stood upon while riding
• A motor that powers the vehicle
• In California, a seat for the operator is not part of the definition, but a motorized scooter may have one.

Scooter operation.

Individuals can operate a scooter with any class of driver’s license in California, and do not require insurance. Motorized scooters are legal for street use, but they do not need to be registered with California DMV or have license plates. Drivers must be aware of and obey the same traffic and safety laws as other motor vehicles. After an accident on a scooter where the driver suffers traumatic brain injury, a personal injury attorney may assist in damage recovery if fault for the accident can be shared, or shifted to another party whose actions, or lack of actions caused the crash.

Liability.

Compensation for medical bills, property replacement and other losses after a scooter accident can fall onto other individuals who may be at fault to include:

• Motor vehicle drivers,
• Electric scooter operators,
• Scooter rental companies,
• Electric scooter manufacturers,
• Scooter maintenance companies,
• Government entities who maintain roadways.

A skilled California attorney can review a case of scooter accident injury to see if the victim has a claim, and help determine named parties to a potential lawsuit, or insurance claim for damages.  The Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of traumatic brain injury (TBI), resulting in hospitalization.  An accident attorney can answer questions regarding options for compensation of injuries and related expenses after a scooter crash.

Damage compenstion award.

Blunt trauma is a serious type of head injury that can occur when a moving head strikes a stationary object like the sidewalk. If a personal injury attorney is successful with insurance carrier communications after identifying at fault parties, a claim award will address the victim’s losses that have been identified in the insurance claims, or civil action documents.  Contact the Law Offices of Jeffrey E. Estes & Associates with questions regarding personal injury cases and assistance with insurance claim submission.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

1. San Diego proposes sweeping crackdown on scooters as usage revives after pandemic lull – Del Mar Times
2. PERSONAL SECURITY (sandiego.gov)
3. https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html
4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001