Two wheeled electric scooters for standing riders have become extremely popular in many Florida cities.   They allow tourists to explore the sites of its cities and beaches on their own terms, and also are becoming an important mode of transportation for those who lack cars or driver’s licenses. Recently, several scooter sharing services, such as Bolt, Byrd, and Lime, have set up shop in Florida cities.  These services will rent a scooter to an adult who downloads their free app,  meets the criteria of the user agreement (varies by vendor), and pays the rental fee.  As a result, the number of scooters zipping around the sidewalks and streets of Florida has increased dramatically.  Unfortunately, a tide of serious injuries involving scooter riders has accompanied this phenomenon.  

 

        If you have been injured while riding an electric scooter, contact personal injury lawyer John Clarke to find out what your legal rights are.    Call (954) 556-8952 today!

Regulation of Standing Scooters

Under federal law, standing scooters are considered consumer products, not motor vehicles.  Therefore, these devices are not regulated by the National Highway Traffic Safety Administration. 

A. Florida Law

Florida Statute section 316.2068 regulates the use of standing scooters in the sunshine state.   It provides, in pertinent part that a standing scooter:

·         May be operated on a road or street where the posted speed limit is 25 miles per hour or less

·         May be operated on a marked bicycle path

·         May be operated on a sidewalk, if the person operating the device yields the right-of-way to pedestrians and signals to pedestrians before passing them.

·         A standing scooter need not be registered and insured. 

·         A person under the age of 16 may not operate a standing scooter unless he wears a bicycle helmet and other safety gear

·         A county or city may regulate the operation of standing scooters for safety purposes.

In summary, Florida’s regulation of standing scooters is minimal from a safety perspective.   The state statute grants individual cities discretion to regulate or ban these devices based upon a determination of the safety of their use within the local environment.

 

B.  Legal Status of Standing Scooters in South Florida

Fort Lauderdale – in November 2018, the city passed an ordinance permitting standing scooters to be used on sidewalks by when rented from a licensed vendor.

Hollywood – in February 2019, the city passed an ordinance that imposes a blanket ban on the use of standing scooters, citing safety concerns. 

Miami Beach – banned as of May 2018

Miami -laws in flux

 

 

Who can be held liable when you are injured while riding a standing scooter?    

The first step to determine liability for your injury is to find the cause of the accident.  Sometimes a scooter driver is injured due to a collision with a motor vehicle, while other times the injury is caused by a mechanical problem or an obstacle.   John Clarke’s legal team will investigate your accident and determine how to get maximum compensation for your injuries.  

 

The Driver of a Motor Vehicle Played a Role in the Accident

Often motor vehicles hit riders on scooters.    If the motor vehicle driver hits a scooter because he is not paying attention to his surroundings or driving at an excessive speed, he may be held liable for the rider’s injuries due to his negligent conduct.  You may be able to recover damages from the driver’s insurance company.    

The Manufacturer or the Company that Leased the Scooter to You, or Both

If the standing scooter malfunctioned or failed to perform as designed and this fact played a role in your accident, you may be able to recover against the manufacturer, the vendor, or both parties.

The Four Elements of Negligence in Florida

Negligence occurs when an individual fails to exercise the level of reasonable care expected to minimize the risk of harm to others. In Florida, negligence laws not only define what constitutes a claim but also outline the types of damages a plaintiff may pursue. The four essential elements of negligence in Florida are duty of care, breach of duty, causation, and damages. Here’s a breakdown:

1. Duty of Care – This refers to the legal obligation a person has to act (or refrain from acting) in a certain way based on their relationship to others. For example, every driver has a duty to operate their vehicle safely and in accordance with traffic laws to protect others on the road. Similarly, a business owner has a duty to take reasonable measures to keep their premises safe for visitors.

2. Breach of Duty – A breach occurs when someone fails to uphold their duty of care. For instance, a driver breaches this duty by speeding, tailgating, or being distracted while driving. A business owner breaches their duty by neglecting to promptly clean up a spill or fix a leaking freezer that creates a hazard in a walkway.

3. Causation – Causation links the breach of duty directly to the harm suffered. While it might seem straightforward, determining causation can be complex, especially in cases involving multiple parties or factors. To establish causation, it must be shown that the breach of duty logically and foreseeably led to the injury or damage.

Damages – Finally, the plaintiff must demonstrate that they suffered compensable injuries or losses due to the breach of duty. This can be proven through evidence like medical bills, lost wages, or property damage assessments. Additionally, non-economic damages such as pain and suffering or loss of enjoyment of life are also recoverable under Florida law

How Much Can You Recover For Your Scooter Accident?

 Depending on the facts of your case and the nature of your injuries, you may be entitled to the following damages:

• Medical treatment

• Lost wages and benefits

• Personal property damage

• Pain and suffering

• Permanent injuries

• Wrongful death (if your relative died in the accident)

Proving Your Case at Trial

In order to prevail at trial, you must prove the elements above by a preponderance of the evidence (in other words, show that it is more likely than not that the Defendant was negligent). You may need to hire experts, such as medical doctors, to establish the extent of your injuries and the present and future costs of treatment. You will also need to gather evidence concerning the Defendant's allegedly negligent action, which may involve taking statements from him under oath (depositions) or getting physical custody of evidence (through the use subpoenas).

 

Call personal injury lawyer John Clarke if you have been injured in a segway accident!

If you have been injured in a segway accident, contact an experienced personal injury lawyer like John Clarke immediately.    Remember that you will need evidence in order to prove your case.  Our team will get to work immediately to help you gather the evidence required and put your best case forward.   Call John Clarke today at (954) 556-8952 for a free consultation!  

 

John Clarke is a Fort Lauderdale personal injury lawyer.  John Clarke is also a personal injury attorney in Miami, Palm Beach, and Hollywood who handles Segway accident cases.