With the rise of bike-sharing programs and the proliferation of electric scooters (e-scooters) across urban landscapes, cities like those in Virginia have witnessed a significant uptick in related accidents. In 2023 alone, Virginia recorded 160 bicycle-involved crashes, resulting in nine fatalities and 156 injuries—a staggering 125% increase in cyclist deaths compared to the previous year.
This surge raises pressing questions about liability: When accidents occur, who is responsible for the resulting injuries?
Driver Negligence
Motorists have a legal obligation to share the road safely with cyclists and e-scooter riders. When drivers fail to uphold this duty—be it through distracted driving, speeding, or disregarding traffic signals—they can be held liable for accidents. In Virginia, injured parties can pursue compensation from negligent drivers. However, it’s crucial to note that Virginia adheres to a “contributory negligence” standard. This means that if the injured party is found even slightly at fault for the incident, they may be barred from recovering any damages.
Defective Scooters
Not all accidents stem from user error or external collisions; some result from the malfunctioning of the scooters themselves. Common defects include brake failures, battery issues leading to fires, or structural weaknesses causing sudden collapses. For instance, a malfunctioning brake can cause the rider to lose control and suffer injuries.
In such scenarios, manufacturers or rental companies might be held accountable under product liability laws. Establishing liability requires demonstrating that the defect existed due to negligence in design, manufacturing, or maintenance, and that this defect directly caused the injury.
City Liability
Municipalities play a pivotal role in ensuring the safety of all road users. This encompasses maintaining roadways, implementing appropriate signage, and regulating the operations of bike-sharing and e-scooter programs. If an accident occurs due to poorly maintained roads—like potholes or unclear markings—or if the city fails to enforce safety regulations for scooter operations, the municipality could be held liable. However, pursuing a claim against a city involves navigating complex legal frameworks and often requires proving gross negligence. For example, in Alexandria, Virginia, a retrospective analysis identified 10 cases of e-scooter related injuries over an eight-month period, underscoring the need for effective municipal oversight.
Insurance Considerations
Insurance coverage adds another layer of complexity. In Virginia, the minimum liability coverage for drivers is $25,000, though this requirement can be waived under certain conditions. Alarmingly, a significant number of drivers operate without any insurance.
For e-scooter riders, insurance coverage is often ambiguous. Many riders are unaware of whether their personal insurance policies cover scooter-related incidents, leaving them vulnerable in the event of an accident.
Preventive Measures
To mitigate risks, both riders and cities can take proactive steps. Riders should wear helmets, adhere to traffic laws, and remain vigilant of their surroundings. Cities, on the other hand, can invest in dedicated bike lanes, enforce stringent maintenance protocols for shared scooters, and launch public awareness campaigns about road safety. A study by the Insurance Institute for Highway Safety found that nearly 3 out of 5 e-scooter riders were injured while riding on the sidewalk, often in areas where sidewalk riding is prohibited, highlighting the need for clear infrastructure and regulations.
The rise in bicycle and e-scooter accidents necessitates a comprehensive understanding of liability to ensure victims receive just compensation. Whether attributing fault to negligent drivers, defective equipment, or municipal oversight failures, each case presents unique challenges. Given Virginia’s strict contributory negligence laws, it’s imperative for injured parties to consult with experienced personal injury attorneys to navigate the intricate legal landscape effectively.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://media.alexandriava.gov/docs-archives/health/info/scooter-injury-surveilance-report.pdf
https://www.dmv.virginia.gov/news/bicycle-involved-crashes-rise-virginia
https://www.iihs.org/news/detail/most-e-scooter-rider-injuries-happen-on-sidewalk-study-finds
