Author: Rahman Law PC

Cyclist Accidents – Personal Injury Lawsuit FAQs

Posted on by Rahman Law PC

We take our work in the bike community seriously and we are always here to talk to cyclists and answer questions about what to do if you’ve been injured or had your bicycle damaged in a car crash.   Sometimes, we just help cyclists navigate a claim on their own with an insurance company (you can download our free toolkit to help you with your property damage demand to get the insurance company to pay for your bike here), but sometimes having a lawyer in your corner is the best option.  Here are answers to some of the questions we get asked most often:

Is there a statute of limitations on a personal injury lawsuit?

Yes.  Generally, in California, you have two years from the date you were injured to file a lawsuit.  However, there are some types of personal injury cases like those involving public buses (MUNI or SamTrans), trains, or other transit (BART) that have much shorter deadline to file a lawsuit, and require a claim to be filed first within 6 months of an injury, before a lawsuit can be filed.  If you’ve been in a bike crash it can give you piece of mind to call us as soon as you can to get the information that applies to your specific facts. 

Should I get a  police report if I’m hit by a car?

In an ideal world, police officers will automatically prepare a police report in every traffic collision.  Sadly, it is not a perfect world.  If police are sent to the scene of a collision and are told no one was injured, most officers will not do a report.  If the call to 911 says no one was injured, the police will usually not be sent to the scene either. Understandably, cyclists just hit by a vehicle are often in shock and do not understand if they are actually injured.  It’s important to try to take a moment to assess not only if you feel pain but if you just don’t feel right, you should request an ambulance.  If the police won’t do a report, if possible to gather as much information as possible at the scene like names of witnesses, the license plate number of the vehicle that hit you, the name of the driver and insurance information. If you’re able pull out your phone and snap a quick picture of their insurance card and driver’s registration as these two documents will have a lot of the information you need You can also go to the nearest police department and file a counter report.

Can I recover lost wages?

Yes.  If you missed work as a result of your injury, even just the day of the accident, it is possible to recover lost wages.  This is actually quite common in a bicycle accident resulting in an injury.  There may be time spent in a hospital, time recovering at home, or frequent doctor visits that force you to step away from work.  Be sure to keep track of the hours you miss as a result of your injury.

Can I recover medical expenses?

Yes.  If you were injured as a result of a cycling accident, you are entitled to all past and future medical expenses, even if your health insurance company paid for those expenses. Your health insurance provider may cover your medical bills initially, but be sure to keep records of your visits and co-pays If you were injured, the first thing you will want to do is seek medical attention.  It is so important to take care of yourself.  Many people feel confused about if they should or shouldn’t go to the doctor after an accident.  If you’re hurting or are worried about a potential injury like a concussion, seek help.

Can I recover the cost of my bicycle and helmet?  What about a broken phone?

Yes.  If you have been in an accident while riding your bicycle and as a result your helmet, bike or other personal property, like your phone, gets damaged, you are entitled to be reimbursed for these expenses.  If you were not injured but had your property damaged, take a look at our free toolkit on writing a property damage demand letter to the insurance company.  If you get stuck, give us a call. 

Do I need a lawyer if I’m injured?

We get this question a lot.  Here’s our best answer – there are some cases where we feel that having a lawyer just won’t add value to your case—meaning you would do better handling it on your own.  There are other cases where we believe we can really help you.  But more importantly we will have a long conversation with you and discuss what is right for you. We never look at whether a case is “big enough” or “small enough”, we take each person who calls us as a unique situation and try to find a solution that makes sense.

How much does a personal injury lawsuit consultation cost?

Our personal injury lawsuit consultations are free.  You can contact us here to get started or call us at either our San Francisco office at (415) 956-9245, or at our Paso Robles office at (805) 619-3108.

What if I got hurt because of road conditions and not a collision with a car?

We handle many cases that involve dangerous roads poorly maintained or designed by cities, counties or the State.  These cases are very complex and because of that, it’s important to contact us as soon as possible so that evidence can be preserved.

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Shaana Rahman Honored by Super Lawyers for 14th Year as a San Francisco Personal Injury Attorney

Posted on by Rahman Law PC

FOR IMMEDIATE RELEASE

SAN FRANCISCO, Calif., July 05, 2022  —

Rahman Law PC announces the fourteenth year of the law firm’s principal and founder, Shaana A. Rahman, being selected as a Top Rated Personal Injury Attorney in San Francisco, California on the Northern California Super Lawyers List.   Ms. Rahman is a personal injury attorney at Rahman Law PC, with offices in San Francisco and Paso Robles, California.

The Super Lawyer list contains only 5% of attorneys within each region.  The Super Lawyers rating is based on professional achievements, independent research, peer-recognition, and peer-evaluations.  Ms. Rahman was first selected as a Rising Star in 2009, a list in which only 2.5% of attorneys are selected, then beginning in 2012, she was selected as a Super Lawyer, an honor she continues to hold.

Ms. Rahman is an advocate for bicyclist and pedestrian safety concerns in her communities of San Francisco and Paso Robles on California’s Central Coast.  She is a member and/or sponsor of the San Francisco Bicycle Coalition, Walk San Francisco, and San Luis Obispo County Bike Coalition and volunteers with these organizations when she can.  And in addition to published works in publications such as Plaintiff Magazine, Ms. Rahman also maintains a blog on her website to raise further awareness of personal injury issues in her communities. 

“I have dedicated the last 20 years of my career to representing pedestrians and cyclists who have been injured by traffic violence.  I am, of course, honored to again be recognized by Super Lawyers, but I remain humbled by my many wonderful clients, and the strength and perseverance they exhibit on a daily basis as they navigate through their physical recoveries and personal loss.” said Ms. Rahman, “  I will continue to advocate for pedestrians and cyclists and hope that my work can, in some small way, bring us closer to meeting the goals of Vision Zero—eliminating all traffic fatalities and severe injuries.”

Ms. Rahman is not new to being recognized for her achievements.  She was rated as one of the Top 20 Personal Injury Lawyers in San Francisco by Expertise in 2017 and 2018; is a member of the Multi-Million Dollar Advocates Forum; was recognized as a Top 40 under 40 Attorney by The National Trial Lawyers; received Martindale-Hubbell’s AV Preeminent® (the Highest Level of Professional Excellence) peer review rating based on the opinions of members of the bar and the judiciary; and holds Avvo’s Rating of Superb as a Top Rated Personal Injury Attorney by client reviews.

Ms. Rahman was selected as the top 5% in her area through independent research and peer evaluations.  To remain within the top 5% as a Super Lawyer for fourteen years is an accomplishment to be proud of for any personal injury attorney in San Francisco, California, or the nation. 

About Rahman Law PC

The personal injury lawyers at Rahman Law PC are powerful advocates for people who have been injured through no fault of their own.  What makes Rahman Law PC different from other personal injury law firms is they care about what happens to their clients; they aggressively advocate for their clients’ interests and have a personal relationship with each client, taking the time to listen and figure out solutions that make sense from a legal point of view but also from a human perspective. By providing the highest quality legal services to those who have been injured or have suffered wrongdoing at the hands of other individuals, corporations, or public entities, the personal injury attorneys and trial lawyers at Rahman Law PC have a proven track record of results and have successfully recovered millions of dollars for clients throughout California. Rahman Law PC offers clients attentive service backed with big firm experience, making them ready to take on any opponent.  To learn more about the personal injury lawyers at Rahman Law PC, visit https://www.rahmanlawsf.com or call (415) 956-9245 in San Francisco, (805) 619-3108 in Paso Robles, California.

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New Fees for Renting a Car in California

Posted on by Rahman Law PC

Here in our blog, we try to provide as much information as we can on updates to laws and ordinances in California to keep you safe.  As personal injury attorneys, that information generally relates to pedestrian and bicyclist safety, but we’ve talked about schoolyard bullying and safety for your kids as well as e-scooter rental policies and defective products.  Today we want to talk to you about rental cars and some new legislation already in effect and what it might mean for you if you get into an accident with a rental car.

Assembly Bill 901

Assembly Bill 901 makes modifications to rental passenger vehicle transactions, namely fees. 

Rental car companies can now add a fee to your rental if you let an unauthorized driver drive your car.  This means renters must take extra caution and add all drivers who might drive the car to the rental agreement at the time of renting.  There are exceptions to the penalty for family members like a spouse, parent, or sibling, but be cautious about letting someone not on the rental agreement drive your rental car.  Not being on the rental agreement can also mean this other driver is not covered by insurance.

Rental car companies can also raise the cap on damage waivers to $25 per day or partial day for small vehicles and beginning in January 2023, the cap can be adjusted “according to the Consumer Price Index for All Urban Consumers.”  And while many may believe the optional insurance of a rental vehicle to be optional, and want to take the newly-more-expensive damage waiver, there are new disclosures that must be outlined to the renter to make sure they are aware they are liable for damages that can reach the full value of the vehicle (just in damage to that vehicle, not including damages to other people and/or vehicles).  Check with your car insurance company to find out if they cover rental cars and how much of the damages they cover if so, before you plan to take the damage waiver. 

Assembly Bill 901 was produced by the American Car Rental Association, Avis, Enterprise, and Hertz, alongside the California Travel Association and the state’s Teamsters union.  It was introduced in 2021 while rental car companies were struggling due to the COVID-19 pandemic and went into effect on January 1, 2022.  Read Assembly Bill 901 here.

What This Means if You Get into an Accident with a Rental Car

Collisions happen.  It’s an unfortunate truth.  And collisions can happen with rental cars.  If you are a driver, pedestrian, or cyclist and you get into an accident with someone driving a rental car, first check for injuries and call 911 if needed, then get as much information from the driver as you can at the time of the collision.  You’ll want to get both their renal agreement insurance and their personal driving insurance information because you may have to navigate through claims with one or both.  There is a chance that they are not insured through their rental agreement, are not an authorized driver, or are underinsured.  Take a picture with your phone of their rental documents for a fast way to save the information.  Make sure you get their name and phone number, too. 

If you have damages such as vehicle or bicycle damage, or have injuries needing medical care resulting in loss of income (those are damages, too), contact the lawyers at Rahman Law.  We are here to help you.  Navigating through insurance companies’ paperwork is a tough job (especially if there are 2 companies involved) and you don’t have to do it alone. 

Request a free consultation here, or save our number into your phone: 415-956-9245. 

Bike Month Activities for the Whole Family! 

Posted on by Rahman Law PC

National Bike Month is here and we want to celebrate!  A lot of what we post relates to rules of the road, laws and ordinances, and safety, but today we’re going to talk about all the fun ways to celebrate National Bike Month with bike activities that can be enjoyed by the whole family. 

Plan a Ride with a Local Group

Ever city has cyclist riding groups, sometimes you just have to look for them.  And most of them offer rides for varying degrees of skill.  Some groups post their rides on the website and app Meetup (https://www.meetup.com) where you can find others to ride with for free.  In San Francisco, there is the San Francisco Cycling Club (http://www.sfcyclingclub.org) and the San Francisco Bicycle Coalition (https://sfbike.org) that frequently post scheduled rides.  You can also talk to the Coalition as they may know other groups with organized rides.  In Paso Robles, there is a list of groups that ride at Cycle Central Coast (https://www.cyclecentralcoast.com/resources) including a group that goes out every Sunday from Templeton and they frequently have beginner rides.  You can also talk to Bike SLO County (https://bikeslocounty.org) to find other organized rides and events. 

Tune Up Your Bike

A lot of riders are “fair weather riders” and there is absolutely nothing wrong with that.  If you put your bike away for the winter, and even if you don’t, the spring is a great time to get a tune up on your bike.  You can tune it up yourself if you’ve got experience, or take it into a local bike shop for some help.  In San Francisco and San Luis Obispo, there is the Bike Kitchen (http://bikekitchen.org and https://bikeslocounty.org/programs/kitchen) available on select nights where you can bring your bike in and tune it up alongside other cyclists.  This can be a great bike activity to make new friends and riding buddies. 

Introduce Your Kids to Riding with Others

Many kids have a bike and ride around on their own street but don’t go much further.  This month is a great time to introduce your kids to an organized ride.  Talk to other parents and plan to have adults front, middle, and back of a few kids riding together in a quiet area.  There are bike trails to keep them away from traffic completely, or you can make this a time to learn the rules of the road by finding a route with minimal traffic and wide bike lanes to give them room.  Remember to ride single-file and obey traffic ordinances like red lights and stop signs.  Both the San Francisco Bicycle Coalition and Bike SLO County organize riding events for kids, so be sure to check their calendars and see if there is an event you’d like to bring your kids to: https://sfbike.org and https://bikeslocounty.org.

Set Up an Obstacle Course

This bike activity can be fun for the whole family or you can arrange it for adults with a few modifications to the difficulty levels.  Break out some sidewalk chalk on a street or set up cones (sometimes you can find small cones at the $5 and under stores or at sporting-goods stores).  You can make it exciting with a few water balloons on the ground you have to ride over to pop or use a pool noodle to create a limbo pole.  You can set up tight curves or even really thin lines to make a sort of on-the-ground balance beam to help work on precision riding. 

Ride to Geocache Locations

Have you ever gone Geocaching?  It can be a lot of fun and even a little bit addictive.  There are even Geocaches in hard-to-reach places like bike trails that normal Geocachers can’t get to, which makes this an excellent activity for cyclists.  What is it, you ask?  It’s a game where you use GPS coordinates (and your phone) to guide you to hidden compartments that contain a log book for you to sign and sometimes an object for you to trade with.  Always bring a pen with you to sign the log book as some compartments are too tiny to hold a pen.  For objects to trade, think small: a friendship bracelet, charm, keychain, or small plastic toy can all be Geocache treasures to trade for what you find in the compartment, if it has something for you to trade with.  Learn more here: https://www.geocaching.com/play.

Ride to Rewards

If Geocaching isn’t your idea of a treasure hunt, think of something worth riding for, like ice cream or a fancy doughnut.  Call up some friends or grab your family and ride to a local boutique with your favorite treat.  Afterall, it’s National Bike Month and that’s something worth celebrating with ice cream! 

Make it a Game

If you’ve got a group of kids, there are lots of great bike activity games out there you can play.  You can play music and all riders must freeze when it stops, or cycle in a line and play copy-cat with the leader of the line.  There are 20 games outlined in this PDF we found: https://www.cyklistforbundet.dk/media/mksfflaz/cykellege_bog_engelsk_4.pdf. 

Whatever you do, have fun!  We like to think ever month is bike month, but really, May is our National Bike Month and it’s time to get your bike prepped and go out there are ride! 

Rahman Law PC Sponsors Walk San Francisco for Pedestrian Friendly Streets

Posted on by Rahman Law PC

FOR IMMEDIATE RELEASE

SAN FRANCISCO, Calif., FEBREUARY 23, 2022

Rahman Law PC, a personal injury law firm with offices in San Francisco and Paso Robles, California, announces their sponsorship of Walk San Francisco, an organization with the goal to make San Francisco the most pedestrian-friendly city in the United States.  Rahman Law has been a sponsor of Walk San Francisco in the past, but this year they are increasing their sponsorship engagement in support of making San Francisco safe for pedestrians. 

This year, Rahman Law will be sponsoring multiple events, including Member Walks and Crosstown Adventure Walks throughout the year, Peak2Peak in the Fall, Walk to Work Day in the Spring, and Walk & Roll to School Day in October.  Both the Crosstown Adventure Walks and Peak2Peak give pedestrians the opportunity to explore parts of San Francisco seldom seen by anyone.  The Crosstown Adventure Walks span the 16-mile route from Southeast to Northwest San Francisco, which fully opened in 2019.  The Peak2Peak walk follows a secret, unique route across hidden trails with off-the-beaten-path treasures put together by Walk San Francisco.

Of all of the events being sponsored, Walk to Work Day and Walk & Roll to School Day are the favorites for Rahman Law because they engage the entire community.  Shaana Rahman, a personal injury lawyer and the principal and founder of Rahman Law, frequently volunteers to work at a booth for Walk to Work Day handing out tote bags and chatting with pedestrians on their way to work.  Walk & Roll to School Day invites teachers, parents, and kids to engage in transportation that is good for the environment and community while having fun participating with friends and classmates. 

“We support Walk San Francisco because of their involvement in the community to raise awareness and their advocacy for pedestrians, which are things we fully believe in,” commented Ms. Rahman.  “Walk San Francisco’s vision is to end severe and fatal traffic crashes for pedestrians.  We think this is something everyone in the community can get behind.”

Shaana Rahman and the Rahman Law team will continue to support the vision of Walk San Francisco throughout the year and do not see an end to their commitment in joining with Walk San Francisco to promote safer streets for all.

About Rahman Law PC

The personal injury lawyers at Rahman Law PC are powerful advocates for people who have been injured through no fault of their own.  What makes Rahman Law PC different from other personal injury law firms is they care about what happens to their clients; they aggressively advocate for their clients’ interests and have a personal relationship with each client, taking the time to listen and figure out solutions that make sense from a legal point of view but also from a human perspective. By providing the highest quality legal services to those who have been injured or have suffered wrongdoing at the hands of other individuals, corporations, or public entities, the personal injury attorneys and trial lawyers at Rahman Law PC have a proven track record of results and have successfully recovered millions of dollars for clients throughout California. Rahman Law PC offers clients attentive service backed with big firm experience, making them ready to take on any opponent.  To learn more about the personal injury lawyers at Rahman Law PC, visit https://www.rahmanlawsf.com or call (415) 956-9245 in San Francisco, (805) 619-3108 in Paso Robles, California.

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Who is Liable for a Defective Product?

Posted on by Rahman Law PC

We’re personal injury lawyers and handle a multitude of cases from various types of personal injuries including those from defective products.  After the holidays and the surge of new products, we typically see a rise in injuries from defective products.  We are often asked who Is liable for a defective product? 

A product defect can be caused by the manufacturer or designer, but suppliers, distributors, and retailers may also be liable for a defective product.

The Manufacturer’s Liability

Sometimes a product is defective in a one-off instance.  Something may have gone wrong at the manufacturing stage and one product may be the only product to become dangerous.  It is also possible that a manufacturer was told there was a risk and failed to place adequate warnings on a product to protect the consumer.  When a manufacturer fails to be responsible in protecting the consumer, they may become liable for a defective product.

The Designer’s Liability

A designer may become liable for a defective product when they make a design that can cause personal injury or even death.  An example of this might be in designing a toy for very young children with small parts that can be swallowed and cause choking.  If the design does not meet certain standards for safety, especially when designed for children, the designer may be liable for a defective product.  This can also be true when dealing with LiPo batteries which are known to be dangerous if not adequately protected.

The Supplier’s and Distributor’s Liability

Suppliers and distributors may have no knowledge of a product’s defects until after an incident occurs.  However, when a product is placed on the market with a known defect, or continues to be sold after a defect has been warned, they may be liable for a defective product. 

Faulty Products

Faulty products that are defective and/or dangerous can cause serious injuries and even death.  When a personal injury occurs from a defective product, it’s important to follow the supply chain to discover where the defect stemmed from and if it was known and by whom.  It is important for consumers to read all safety instructions that come with a product and use it accordingly.  When used appropriately and with due caution, if a product causes an injury or death, you’ll want to have a team of experts on your side.  At Rahman Law, we have experience representing clients in defective products cases and use experts to help us discover where the liability may lie to build an appropriate case. 

Consultation with us are always free and we would be happy to set up a time with you to talk if you or a loved one has been injured by a defective, faulty, or hazardous product. 

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What is Negligence in Cycling Injury Cases?

Posted on by Rahman Law PC

If you can believe it, one of our team members was behind a car getting on the freeway when one of the rear tires flew off of the car, narrowly missing another vehicle and causing a lot of mayhem on the onramp.  Someone failed to put the tire back on the vehicle with proper care.  This is negligence.  And negligence is often a point of dispute in cycling injury cases. 

What is Negligence?

Negligence is a term you may have not heard before if you haven’t been involved in a legal dispute.  In California, negligence is defined as “the failure to use reasonable care to prevent harm to oneself or to others.  A person can be negligent by acting or by failing to act,” (CACI No. 401).  This means when someone fails to take proper or reasonable care in doing something or doesn’t take steps or precautions necessary to proceed safely, and this failure to act or negligent act injures someone, the injured party can recover monetary damages from the negligent party.

What’s Considered Reasonable Care?

The argument for what’s “reasonable” as a step or procedure is often debated.  “A person is negligent if that person does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation” (CACI No. 401).  A “reasonable person” is also sometimes referred to a prudent or rational person.  Often violating a California law, such as laws applying to drivers and cyclists found in the Vehicle Code is determined to be negligence.

What is Negligence in Cycling Injury Cases?

When cyclists are struck by cars, the most common types of a driver’s negligent behavior include distracted driving, like texting while driving, driving too fast for the surrounding conditions, and failing to obey traffic signs and signals. 

A company, like bicycle manufacturer or bicycle repair shop, can also be found negligent if their product or repair is unsafe. We handle a lot of cycling injury cases as personal injury lawyers, but we also represent cyclists in product liability cases.  If you were cycling and a weld suddenly broke loose on your bicycle causing an accident, the question would arise if there was any negligence on the part of the manufacturer or repair shop. 

Insurance Companies Fight Liability to Avoid Paying Compensation

Remember that in all legal cases, gathering the evidence to establish another party’s negligence and liability can be a complicated process.  Insurance companies fight very hard to try and show the injured person was negligent, not their driver.  Things may not always be black and white, which is why it is so important to hire a cycling injury lawyer as soon as possible.  We’re here to help fight for your rights and we bring years of experience in handling cycling injury cases, plus… we ride, too!  We know what it’s like to cyclists out there.  If you have been injured or had property damage to your bicycle, give us a call; consultations are free.  You may also contact us online here.

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What you Need to Know About California Assembly Bill from a Bicycle Accident Lawyer’s Perspective

Posted on by Rahman Law PC

California Assembly Bill Number 122 was introduced in December of 2020 but has undergone some amendments in March and May of 2021, as is typical in the lifecycle of an Assembly Bill.  Here’s what you need to know about Assembly Bill 122 to limit bicycle accidents from a bicycle accident lawyer’s perspective. 

First, it’s important to know that more than a dozen bicycle advocacy organizations support the Bill across the state of California, including MCBC (Marin County Bicycle Coalition, an organization focused on bicycle safety which we support).  Also, other states already have similar vehicle codes in place, including Washington, Oregon, Idaho, Colorado, Arkansas, and Delaware, which means AB 122 is not a new concept. 

What does AB 122 Change?

If passed, California Assembly Bill Number 122 would change the vehicle code in California to allow bicyclists to treat Stop signs as they would a Yield sign.  This increases bicycle rider safety and decreases bicycle accidents, which has been demonstrated in studies in Idaho (who was first to create the stop-as-yield law) and Delaware.  In 2008, an investigation was conducted locally by the San Francisco Bay Area Metropolitan Transportation Commission, which has added to the data on this subject.  In 2009, a study of Idaho conducted by J. Meggs at UC Berkeley showed a decrease of 14.5% in bicyclist injuries after the passage of the new law. 

As bicycle accident lawyers, we support new systems which reduce the rate of bicyclist injuries. 

What does AB 122 Not Change?

California Assembly Bill Number 122 is not a free license to blow through stop signs all the time or every time.  Bicyclists will still obey red traffic lights and treat them as a full stop.  Bicyclists will also still give the right-of-way to pedestrians who always have the right of way.  And bicyclists will continue to stop at stop signs when there is traffic with the right-of-way.

Intersections are Dangerous for Cyclists

While according to the NHTSA, most bicyclist fatalities occur away from intersections in 45- and 55-mph zones, most bicyclist injuries occur in 25-mph zones where intersections and stop signs are most prevalent.  Bicycle accidents do often happen at intersections and the UC Berkley study calls intersections the “most dangerous zone” for bicyclists.  Reducing injury rates by 14.5 % would be a great step in the right direction. 

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E-Scooters May Not Be as Green as You Think

Posted on by Rahman Law PC
e-scooter injury attorney

Electric scooter (or “e-scooter”) sharing companies want consumers to believe the use of an e-scooter is a green method of transportation.  Two major e-scooter companies, Bird and Lime, advertise that the use of e-scooters is environmentally friendly and Bird says they are a carbon-free alternative to cars. Unfortunately, science does not back up their claims. 

Are E-Scooters Carbon Free?

A common complaint from communities with e-scooter sharing services it the litter the scooters themselves produce when they are broken and abandoned on the sidewalk, street, or even in rivers (check out @BirdGraveyard in Instagram to see pictures of e-scooter debris).  E-Scooters are relatively disposable items with an average lifespan of just two years.  With all of the components involved in the manufacturing of an e-scooter, the carbon footprint is hardly carbon-free.  Add to that the emissions attributed to the collection and storage of the scooters and it’s easy to see that e-scooters have an environmental impact from their lifecycle.

E-Scooters Have Emissions

While a study in North Carolina published in the MIT Technology Review in 2019* found that e-scooters produce about half of the emissions of a standard motor vehicle, the study also found that their per-passenger-mile emissions are higher than an electric moped, an electric bicycle, or even a diesel bus with high ridership.  And while e-scooters may be seen as an alternative to using a standard vehicle, the study found that only 34% of users would have used a car instead of the e-scooter leaving the many users replacing the true carbon-free mode of transportation – walking. 

Sponsorships

E-Scooter sharing companies have been known to give sponsorship money to non-profits and advocacy groups to gain support.  In the beginning, little was known about the cost e-scooters would have on the environment, so you may see advocacy groups promoting the eco-friendliness of e-scooters, but over time more and more studies will emerge showing the true color of e-scooters, and it isn’t going to be green.

E-Scooter Injury Attorney

If you or someone you know has been injured in an incident involving an e-scooter, please contact us for a free consultation.  The hundreds of pages of cell phone screen space it takes to read an entire rider agreement should not make you feel powerless.  At Rahman Law, we advocate and fight for the rights and safety of pedestrians and cyclists.  We’re here when you need us.

*MIT Technology Review, Sorry, scooters aren’t so climate-friendly after all, James Temple (August 2019)

E-Scooter Personal Injury Cases are on the Rise

Posted on by Rahman Law PC
personal injury attorney San Francisco

Electric scooters (often called “e-scooters”) are a relatively new resource promoted by sharing companies, like Bird Rides, Inc., that are found in major cities like San Francisco and the greater Bay Area.  There was almost immediate backlash for the distribution methodologies of these companies by pedestrian and disability advocates with concern for safety.  Now, a few years into the use of e-scooters as a shared resource for transportation, studies are finding personal injury cases related to e-scooters are on the rise. 

Bird Rides, Inc. conducted their own research and have been promoting e-scooters as equally as-safe-as or safer-than riding a bicycle, but these “key findings” are related to internal (“secret”) data and “independent research.”  However, there is published research evidencing the rate of injury for e-scooters may be higher than that of personal vehicles and motorcycles with particularly heavy incidences of head and limb injuries.  Injuries from e-scooters treated in emergency rooms throughout the U.S. nearly doubled between 2018 and 2019.*  In California, helmet use is only required for riders under the age of 18, but while other vehicle laws remain in place inclusive of e-scooters, personal injuries result from a multitude of factors including failure to obey the traffic laws, alcohol, and rider inexperience. 

There has been a string of class action personal injury lawsuits nationwide against e-scooter sharing companies and e-scooter companies are calling for safer streets, but better roadway infrastructure as a way to lessen scooter-related injuries does not follow the emerging research on e-scooter injuries.  A limited study conducted by Austin Public Health in 2018 revealed only 10% of riders who were injured sustained injuries in a collision with a motor vehicle vs. 37% of injured e-scooter riders reporting excessive e-scooter speed contributed to their injuries.  And despite legislation already being in place and continuing to remain in place prohibiting the use of e-scooters on sidewalks, riders still ride e-scooters on sidewalks, putting pedestrians at risk of injury, too. 

The rental agreement from Bird to use an e-scooter is 261 cell phone screens long and incudes a waiver of a (constitutional right to a) jury trial in favor of binding arbitration and a provision to protect the company (and any Municipality contracted to provide the services) from all claims of negligence.  The rider is riding at their own risk, but the chances of them reading through the 18,404-word agreement are small.  This creates a consumer hurdle to suing Bird for a personal injury. 

As personal injury attorneys in San Francisco, we advocate for bicyclist and pedestrian safety as personal injury attorneys.  In San Francisco and other California cities, e-scooters are appearing to be adopted as a way to shift away from gas-powered vehicles, which is beneficial, but there is a complete disregard for the safety of users of these e-scooters.  If you or a loved one has been injured in an e-scooter collision, contact us today for a free consultation. 

* JAMA Network Open, Estimated Incidence of Electric Scooter Injuries in the US From 2014 to 2019, Kevin Xavier Farley, Matthew Aizpuru, MD, Jacob M. Wilson, MD. (August 2020)