Mobility scooters are a common transportation aid for individuals with temporary or permanent disabilities. Similar to electric scooters, which are particularly prevalent in big cities, mobility scooters increase vulnerability of their users in the event of a collision due to their limited safety features. In addition, these vehicles are compact in size decreasing their visibility for cars and trucks. Once involved in a mobility scooter collision, the law can create confusion on how to recover damages. For that reason, it’s important to take precautions while operating a mobility scooter and know your rights in the event of a crash.
Common Causes of Mobility Scooter Accidents
There is only so much scooter operators can do to protect themselves from other vehicles on the road. It’s important to stay alert about your surroundings and to wear the proper safety equipment specified by the manufacturer. However, motor vehicle drivers are the most likely to inflict serious harm on mobility scooter users. Common causes of mobility scooter collisions involving cars and trucks are:
- Distracted driving, such as using a cellphone
- Driving under the influence, which slows reaction time to unexpected dangers
- Failing to watch for scooters when backing up or making turns
- Speeding or failing to yield right of way
Injuries
The consequences of a mobility scooter collision can range from minor injuries to death. A person experiencing mobility issues even before the collision can experience aggravated pain or the worsening of a condition. It’s essential to seek immediate medical attention after a collision so a medical professional can properly assess your condition and document your injuries.
Liability
Determining liability in a car-scooter collision can be complex. Factors such as road conditions, traffic signals, and the actions of both parties will be considered. Generally, the operator of the motor vehicle may be held liable if they were negligent, such as speeding, distracted driving, or failing to yield the right of way.
North Carolina is one of four states that employs contributory negligence. That means you may be barred from recovering damages if you are even 1% at fault for your injuries. An experienced attorney can best identify any liability and help defend against claims you contributed to your injuries.
Damages
Victims of car-scooter collisions may be entitled to various forms of compensation, including:
- Medical Expenses: Coverage for current and future medical bills related to the collision.
- Lost Wages: Compensation for income lost due to your inability to work.
- Pain and Suffering: Damages for physical pain and emotional distress caused by the collision.
- Property Damage: Reimbursement for repairs or replacement of your scooter.
In rare cases, victims may recover punitive damages. These damages are a form of civil punishment for particularly egregious offenders. For example, if a plaintiff can prove the defendant purposefully injured them.
Conclusion
Collisions between cars and mobility scooters can have life-altering consequences, and the path to recovery is not always straightforward. If you or a loved one have been injured, you don’t have to navigate the legal system alone. It’s essential to consult with a personal injury attorney who can evaluate your case, establish liability, and negotiate with insurance companies on your behalf. Contact Maginnis Howard for a consultation to understand your legal options and ensure that your rights are protected. Our experienced team is dedicated to helping you recover the damages you deserve. We have three conveniently located offices in Charlotte, Raleigh, and Fayetteville.
