Bird Scooter Lawyer
The next time you choose a Bird scooter to help you reach your destination, it might be a good idea to take a glance at the terms and conditions:
“By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions.”
How far does this assumption of risk go?
Bird scooters were one of the first brands to obtain broad placement within cities across the United States. They are quick and convenient, unlocked with a simple-to-use app and ready to ride in moments. However, they aren’t without risks. It’s important to know what you’re getting into before you ride.
In theory, Bird scooters are simple. You press the throttle to accelerate and you push or step on the brake to slow down. In operation, however, things don’t always go as planned. As the scooter’s battery drains, its responses may become sluggish or underpowered. A rider who drives into a bike lane may find that there is no acceleration left, making it impossible to catch up to the flow of traffic and potentially causing an accident. Additionally, software glitches can cause a complete drop-off in acceleration, with enough sudden jerk to knock the rider off the vehicle entirely. Falling off a Bird scooter can cause injuries similar to a bicycle or pedestrian accident, as impact with the pavement can result in sprains, strains, spinal injuries, or fractures.
The faster you are moving when a Bird scooter accident happens, the more serious the injuries can become. Bird scooters will accelerate up to 15 miles per hour, but greater speed may be possible on downward slopes. Greater speed means dramatically greater injuries. Going even 20% faster means that a rider will land with 44% more kinetic energy.
Does the disclaimer prevent a rider from claiming damages after injuries sustained in such accidents? Auto insurance policies typically will not cover Bird scooter injuries unless another vehicle was involved, and so injured riders often ask Bird scooter lawyers from Cohen & Cohen, P.C. whether there is any possibility of bringing a claim.
If the accident was due to random conditions or the rider’s own mistake, it’s unlikely that Bird can be held responsible. However, if the scooter malfunctioned in a way that contributed to the accident, it can sometimes be possible to successfully bring a claim against the company. An injured rider should always document the circumstances of their injury and discuss the claim with a Bird scooter attorney right away to ensure his or her rights are protected.