How Does Colorado Law View Electric Scooters?
Within the past few years, electric scooter rides have increased in popularity, bringing an average of 88 million rides. With scooters popping up in tourist areas, cities, and university campuses, it is no surprise that more and more people are utilizing this new form of transportation. While electric scooters are fun, affordable, and fast modes of transportation, they can still be dangerous to pedestrians and other people driving motor vehicles.
At Mintz Law Firm, our electric scooter accident lawyers understand the severe bodily injury that electric scooter riders can sustain in an accident. Fortunately, under Colorado law, injured individuals may be able to recover financial compensation if another party was negligent, such as driving past the speed limits, driving into the bike lanes, or failing to exercise reasonable care.
What Does Colorado Law Have to Say About Electric Scooters?
Each state has its answer to this question, but if you plan to use an electric scooter in Colorado, understanding the law surrounding this form of transportation is essential. In Colorado, the Regulation of Electric Scooters excludes electric scooters from being classified as “toy vehicles.” Due to this fact, electric scooters may be operated on both sidewalks and roadways. This also means that drivers of electric scooters are to be given the same rights and responsibilities as drivers of electric-assisted bicycles.
The law also states that the local government must not have restrictions any more strict for electric scooters than the restrictions in place for electric-assisted bicycles. So, while you do have the right to drive an electric scooter on the sidewalks and roadways legally, it is crucial to understand that you are still expected to drive safely and not operate recklessly.
What Limitations Are in Place for Electric Scooters?
While the statewide law is relatively lenient for electric scooters, the specific laws vary from one local jurisdiction to the next. For example, while Colorado allows electric scooters, if you visit Breckenridge, you will find that it completely bans electric scooters unless the driver owns the scooter. The following restrictions or limitations are in place to help regulate electric scooter use:
- While riding on a sidewalk, the scooter’s speed must not exceed six miles per hour.
- If the speed limit is 30 miles per hour or more, the scooter must be operated on the sidewalk.
- If the speed limit is 30 miles per hour or less, the scooter must be operated on the road.
- If operating the vehicle on a roadway, the driver must utilize hand signals to show other drivers which way they are turning.
- While operating an electric scooter, the driver must obey all signage.
- If a traffic violation occurs, electric scooter drivers can be given a citation.
When operating an electric scooter, drivers must obey these limitations for their safety and the safety of other drivers and pedestrians.
How To Recover Fair Compensation After an Electric Scooter Accident
The rise of electric scooters has transformed urban mobility, offering a convenient and eco-friendly alternative for short-distance travel. However, with this convenience comes the potential for accidents and injuries. Understanding how a rider on an electric scooter can recover fair compensation is crucial for those navigating the aftermath of such incidents.
Establishing Liability
Determining who is at fault is a pivotal step in the aftermath of an electric scooter accident. Colorado follows a modified comparative negligence system, meaning compensation may be reduced if the injured party is found partially at fault. Gathering evidence, such as witness statements, photographs, and any available surveillance footage, can play a crucial role in establishing liability.
Seeking Medical Attention
After an accident, seeking prompt medical attention is not only crucial for health but also for the legal process. Medical records serve as essential evidence, linking injuries directly to the incident. This documentation forms the basis for calculating medical expenses, a key component of compensation.
Documenting Damages
To recover fair compensation, it’s essential to thoroughly document damages. This includes not only medical expenses but also property damage, lost wages, and any other costs incurred due to the accident.
Hiring Legal Support
Consulting with an experienced electric scooter accident attorney, such as those at Mintz Law Firm, can provide valuable insights into the specifics of the law. A Colorado electric scooter accident lawyer can assist in negotiating with insurance companies and, if necessary, litigating the case to secure fair compensation.
Understanding the Statute of Limitations
In Colorado, there are specific time limits, known as statutes of limitations, for filing personal injury claims. It’s crucial to be aware of these deadlines and initiate the legal process within the stipulated time frame to preserve the right to compensation.
Recovering fair compensation after an electric scooter collision involves a strategic and comprehensive approach. At Mintz Law Firm, our electric scooter accident attorneys specialize in advocating for those injured in personal injury cases, providing the guidance needed to secure just compensation.
Proving Liability in Electric Scooter Accidents
In the aftermath of an electric scooter collision, proving liability is crucial for determining who is responsible for the damages and injuries incurred. Liability in these cases is often established through the legal concept of negligence, which involves demonstrating that one party failed to act with reasonable care, leading to harm. To successfully prove liability in an electric scooter case, several key elements of negligence must be considered:
Duty of Care
The first element is establishing that the party accused of negligence owed a duty of care to the injured party. In an electric scooter case, this duty of care can vary depending on the relationship between the parties. For example, scooter operators have a duty to follow traffic laws, and scooter companies may have a duty to maintain and inspect their fleets regularly.
Breach of Duty
Once the duty of care is identified, the next step is to demonstrate that the duty was breached. In electric scooter accidents, a breach of duty could involve actions such as reckless riding, failure to follow traffic rules, or inadequate maintenance of the scooter by the rental company. Evidence of the breach is crucial in proving negligence.
Causation
Causation links the breach of duty to the actual harm suffered by the injured party. It involves showing that the negligent actions were a direct cause of the collision and resulting injuries. This element requires establishing a clear connection between the breach of duty and the harm suffered. When a driver or other party fails to follow scooter laws, they put themselves and others at risk of a collision.
Damages
Damages can include medical expenses, property damage, lost wages, pain and suffering, and other tangible losses. Documenting and presenting evidence of these damages is essential in proving liability.
Comparative Negligence
In some cases, multiple parties may share responsibility. Colorado follows a system of comparative negligence, where the degree of fault is assigned to each party involved. In accidents, this means considering the actions of both the rider and any other parties involved, such as vehicle drivers or scooter rental companies.
Common Causes of Electric Scooter Accidents
Understanding the common causes of electric scooter accidents is essential for both riders and pedestrians to navigate the risks associated with this mode of transport. It’s important to prioritize safety while out on a ride even if it’s short distances. Some common causes of these accidents include:
Inexperienced Riders
Many users, attracted by the convenience of scooters, may not be familiar with their operation or the road rules. Lack of experience can lead to poor decision-making, inadequate control of the scooter, and an increased risk of collisions.
Uneven Surfaces and Road Conditions
Navigating through urban environments means encountering a variety of road conditions. Uneven surfaces, potholes, and unexpected obstacles pose significant risks for scooter riders. Sudden stops or loss of control due to poor road conditions can result in accidents and injuries. A paved-level surface is ideal for electric scooters, but unfortunately, local municipalities don’t always get around to addressing infrastructure issues.
Collisions with Vehicles
Sharing the road with larger vehicles exposes scooter riders to the risk of collisions. Lack of visibility and failure to yield the right of way contribute to the frequency of such collisions. In parking areas, for instance, electric scooters may be parked or driving in the vehicle’s blind spot.
Distracted Riding
As with any mode of transportation, distracted riding is a concern for electric scooter users. Car drivers engaged in texting, talking on the phone, or listening to music may not be fully attentive to their surroundings. This distraction can lead to collisions with pedestrians, other riders, motorcycles, or other vehicles.
Mechanical Failures
Brake failures, issues with acceleration or the electric motor, or unexpected shutdowns pose serious risks to riders. Regular maintenance and prompt reporting of any scooter issues are crucial in preventing accidents related to mechanical failures.
Non-Compliance with Traffic Laws
Running red lights, ignoring stop signs, and riding against traffic flow increase the likelihood of collisions. Education on traffic rules and responsible riding behavior can mitigate these risks.
Pedestrian Interactions
Sharing sidewalks with pedestrians requires cautious and considerate riding. Scooter riders weaving through crowded pedestrian areas, failing to yield to pedestrians, or riding at excessive speeds on sidewalks can result in accidents and injuries to both riders and pedestrians.
Our Team of Colorado Personal Injury Lawyers Can Help You
Driving an electric scooter is a fun and easy way to get from place to place as you enjoy the weather. While this mode of transportation may seem like a harmless, good time, there is still a chance for disaster to strike. If you or a loved one has suffered injuries from an accident involving an electric scooter, contact a Colorado electric scooter accident attorney at Mintz Law Firm. The award-winning team at Mintz Law Firm will provide you with personalized care to help with your claim for any damages you may be owed as a result of your injuries. For a free consultation with an electric scooter accident lawyer, contact us here or call (303) 462-2999.