Bird scooters are a familiar sight in bustling city neighborhoods and near college campuses, offering a flexible new way for people to travel short distances.
While these electric scooters let users avoid traffic jams and parking hassles, their rise in popularity has brought a notable increase in crashes and serious injuries. Reach out to our experienced scooter accident lawyer in Washington DC for a free consultation today.
Legal Challenges in Bird Scooter Cases
Bringing a claim after a Bird scooter accident can be much more complicated than a typical car or pedestrian injury case in Washington DC. Here are some reasons why:
Bird’s User Agreement and Arbitration Clause
When someone rents a Bird scooter, they agree – often without reading all the fine print – to specific user terms that include an arbitration clause. This means you may have given up the right to take Bird to court and might have to resolve your dispute through private arbitration instead.
Arbitration can limit the ways you gather information and makes it harder to get what you deserve, making skilled legal help especially valuable in these situations.
Limited or Unclear Insurance Coverage
Bird offers very limited insurance, and the policy language around liability isn’t always clear for scooter users. In many cases, if you’re injured as a rider, pedestrian, or driver, there may not be an obvious or guaranteed path to an insurance payout.
Finding coverage can involve digging through multiple policies, from the rider’s own coverage to potential policies carried by negligent drivers or even governmental entities.
Proving Maintenance or Mechanical Failure
Bird is responsible for keeping their scooters safe and well-maintained. But showing that your crash happened due to a problem with the scooter requires thorough investigation. It may mean hiring technical experts, getting access to Bird’s maintenance records, or working around Bird’s reluctance to hand over evidence.
Comparative Fault and Vulnerable Road User Rules in DC
Washington DC usually follows a strict contributory negligence rule, where being even a little bit at fault blocks accident victims from recovering anything. However, scooter riders are treated as “vulnerable road users.” In these cases, Washington DC applies modified comparative negligence, letting injured riders recover damages even if they’re partly at fault, as long as their share doesn’t exceed 50%.
- 50–2204.52. Contributory negligence limitation.
(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:
(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or
(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.
These claims can be more complicated than they seem at first, so make sure you speak with a Bird scooter accident lawyer right away.
What to Do After a Bird Scooter Accident in Washington DC
If you’re hurt in a Bird scooter accident, the steps you take right away can make a huge difference in your health and your ability to be compensated for your injuries.
- Get medical help immediately: Your safety comes first. Even if you think your injuries are minor, getting emergency care creates a clear link between the accident and your injuries.
- Take photos of the scene, scooter, and your injuries: Document everything while details are fresh, including road conditions, damage to the scooter, street signs, and your physical harm.
- Save your Bird ride info from the app: Keep records or screenshots that show exactly when and where you were using the scooter, which could help back up your story.
- Gather names of witnesses: People who saw your accident happen can provide valuable accounts to defend your version of events.
- Don’t speak to Bird’s insurance reps before contacting a lawyer: Insurance adjusters and corporate representatives often try to settle quickly or deny your claim. Consult an auto accident lawyer in Washington DC first to protect your interests.
Taking these steps will give you a chance to get the compensation you need. Contact us today to schedule a free consultation.