If an e-scooter accident results from a teen driver’s negligence, they may be liable for the damages. When an underaged driver is responsible, their parents or legal guardian are likely accountable for covering the damage expenses of the crash. However, this still depends on the circumstances of the accident.
In this article, you will learn about the liability of a teen driver when involved in an electric scooter accident and how to navigate the complexities of such a case.
Are E-Scooter Legal in California?
Electric scooters or motorized devices with two wheels are legal in California. However, they are subject to specific regulations when used on public roads and streets, such as:
- Helmet Use: scooter riders under 18 must wear a bicycle helmet while using an e-scooter.
- Speed Limit: Riders who can use e-scooters at a maximum of 15 mph. Going over this may result in a ticket that costs up to $250.
- Bike lanes: E-scooters must be utilized in bike lanes or on streets. Note that they are prohibited on sidewalks.
- One Occupant at a Time: California forbids using electric scooters for tandem or double riding. Only one rider per e-scooter can be on the road at a time.
While e-scooters are allowed in California, e-scooter riders possess the same rights and responsibilities as motor vehicle drivers. The only exception is when these rights or obligations cannot be applied by their nature. E-scooter riders must follow the same traffic laws to ensure road safety.
Can Teens Drive E-Scooters in California?
Teens can legally drive e-scooters in California. However, certain requirements must be met when using one. According to California Vehicle Code 21235, users must be at least 16 years old and possess a driver’s license or learner’s permit to operate one.
Moreover, they should also use bicycle helmets when riding an e-scooter. Failure to comply with such law may result in legal penalties, such as fines of $200.
What to Do In a Scooter Accident With a Teen
Experiencing a scooter accident involving a teen can be distressing and confusing, especially if the teen refuses to cooperate. This is why knowing and understanding the steps to take when such an incident occurs is vital.
- Move the injured teen out of the way of traffic if possible.
- Even if the injuries are minor, report the collision to the authorities.
- Avoid blaming the teen for the accident. This may cause them to panic and flee the scene.
- Collect contact details from all concerned parties, such as names, phone numbers, addresses, and insurance information.
- Document the scene, such as taking photos of the collision scene and gathering witnesses’ contact information.
- Consult a California electric scooter accident lawyer who can guide you through the legal process and protect your rights.
Can I File a Claim for an Electric Scooter Accident With a Teen?
In a scooter accident, you can generally file a claim if it results from another driver’s wrongful actions. In such a case, the liable party’s insurance provider will likely cover the damage expenses of the crash.
Moreover, you can pursue a case against the driver if you can establish the following elements of negligence:
- The driver had a responsibility to ensure the safety of others.
- The driver did not meet this obligation.
- This failure led to the car accident.
- The accident caused injuries or other damages.
In an e-scooter accident, it does not necessarily mean that if a teen is involved in the crash, they are automatically at fault. You must assess the actions of all parties involved before the crash and collect evidence to determine the party responsible for the collision.
Who Is At Fault for an E-Scooter Accident with a Teen?
Several parties can be liable for an e-scooter accident, depending on the circumstances of the collision.
The Teen Driver
The teen operating the e-scooter may be at fault if they broke traffic laws or rode carelessly, resulting in the collision. For example, if a teen on a scooter suddenly darted into traffic, colliding with you, the teen is responsible for the damage.
Note that when a teen driver is liable for a crash, you can also hold the parent or legal guardian of a teen driver responsible. This is especially true if they allowed the adolescent to operate the vehicle.
Moreover, they may be accountable under the following principles:
- Negligent Entrustment: A parent or guardian may face legal consequences if they carelessly allow a young driver known to be dangerous, unsuitable, or incapable of driving safely. This applies if the person who provided the car knew, or should have known, that the adolescent posed a danger to others due to their inexperience, incompetence, or history of reckless behavior.
- Vicarious Liability for a Child’s Actions: Vicarious liability refers to the legal doctrine that holds parents or guardians liable for their minor children’s actions when those actions cause harm to others. Parents or guardians can be held accountable for the accident and their child’s negligent behavior if the teen driver under 18 causes a collision, resulting in injuries or damages.
- Driving Privilege Application: Under California Vehicle Code 17708, when a minor under 18 is involved in an accident while driving, the legal responsibility may also extend to the person who endorsed the minor’s driver’s license application. The endorser, typically a parent or legal guardian, shares joint and several liabilities with the minor for any damages resulting from the teenager’s negligent driving.
You Are Partly Liable
Sometimes, both drivers can share liability in an accident. If you are partly responsible for the crash, you may still hold the teen or their parents liable for the accident.
California follows the principle of pure comparative negligence. Injured victims can still file a personal injury claim for damages even if they were partially responsible for the accident. However, their compensation will be reduced based on the extent of their contribution to the incident.
For example, you were on the phone when the teen darted into traffic. Unfortunately, you did not react on time, resulting in a collision. In this situation, you and the teen share liability.
If the court finds you 40% liable for the crash, you may receive a 60% settlement. On the other hand, the teen driver may contend for 40% of compensation. This is why you must hire a California scooter accident lawyer who can assess the facts of the case and determine the appropriate compensation for you.
Lawyer’s Tip: Once the teenage driver comes of legal age and legally owns the vehicle, parents will no longer bear responsibility. As long as the teen driver holds a valid driver’s license and is included in their parents’ auto insurance policy, parental liability becomes irrelevant from a legal and financial standpoint.
Can a California Electric Scooter Accident Lawyer Defend My Rights?
While you can file a claim against a teen who causes an e-scooter accident, adult drivers are generally considered responsible since they are more familiar with the traffic laws. Unfortunately, this can make pursuing a case against a teen driver challenging.
However, a California scooter accident lawyer can help protect your rights by gathering sufficient evidence and proving the other party’s liability. They typically take the following steps to win your case:
- Gather ample evidence to demonstrate the other party’s negligence.
- Determine who is responsible for the accident.
- Assess the complete extent of the damages sustained.
- Handle all communications with the insurance company.
- Adhere to all relevant legal deadlines.
- Proceed to trial if necessary.
If you are looking for a lawyer for an e-scooter accident, Jacoby & Meyers offers some of the most skilled and competent personal injury attorneys in California, dedicated to securing the justice you deserve. While many legal firms assist those seeking compensation for accidents, Jacoby & Meyers stands out with our committed legal process to protect your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has consistently advocated for the legal rights of individuals involved in accidents, achieving substantial settlements. Our impressive track record, exceeding $2 billion in settlements, highlights our steadfast commitment to our clients.
If you have been injured in a California scooter accident, Jacoby & Meyers is here to help. We offer free consultations for injury victims and work on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“I highly recommend this firm to anyone. The process could not have been easier, and they handled my case quickly. Also, they got me situated with all my medical needs to ensure my settlement was secured and my health, which is the most important. I am 100% satisfied with the service I was provided and would recommend it to anyone.” – Christian.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Can I Receive Compensation for an Accident Caused by an E-Bike Fire?
- Spinal Cord Injury and Quadriplegia: Why Should I Call a Lawyer?
- What to Look for in a Personal Injury Lawyer
- Can I File an Injury Claim If an Elderly Driver Hits Me?
Works Cited
“California Vehicle Code 17708.” Case Text, https://casetext.com/statute/california-codes/california-vehicle-code/division-9-civil-liability/chapter-2-civil-liability-of-persons-signing-license-applications-of-minors/section-17708-civil-liability-of-minor-imposed-upon-parents-person-or-guardian-who-. Accessed 14 May 2024.
“California Vehicle Code 21235.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21235. Accessed 14 May 2024.
“California Vehicle Code 22411.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22411&lawCode=VEH. Accessed 14 May 2024.
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