Government Studies Scooter Safety

 

CDC Looking at Dockless Scooters

 

Studies Scooter SafetySurprising even industry analysts, dockless scooters have become the rage in municipalities across the country, with industry leaders Bird and Lime making their motorized crafts available in more than a hundred cities in just over a year. With the proliferation of scooters, though, officials have seen a dramatic rise in scooter accidents, some involving serious injury and even death. The federal government has now decided to take a closer look at safety issues tied to the devices.

The Centers for Diseases Control and Prevention (CDC), headquarted in Atlanta, announced earlier this week that it will be investigating health and safety risks associated with the motorized bikes. The study will look at usage and crash statistics in Austin, Texas. Officials plan to examine emergency room data and EMS calls from a 90 day period, running from September through November of 2018. They’ll be investigating the causes of scooter accidents and seeking to identify preventive safety measures.

Concerns have mounted nationwide as the number of scooter-related injuries has spiked. A hospital in Salt Lake City reported a 161% increase in scooter-related trauma in just a year. Riders have died in motor vehicle accidents across the country, including Washington, DC and Dallas.

Concerns about the safety of scooters has led many cities to curtail usage, including San Francisco, where officials issued a temporary ban, then issued operating licenses to only two companies. Santa Monica officials have also struggled to accommodate the low-speed vehicles, identifying specific sections along city streets designated for scooter parking.

Contact Our Offices

At Weber & Nierenberg, we offer more than three decades of collective legal experience to people who suffered any type of personal injury in California, including individuals hurt in scooter accidents. We will take the time to learn exactly what happened to you, as well as what you need to fully compensate you for your losses. For a free initial consultation, Contact our office online or call 1-866-288-6010 to schedule an appointment with an experienced California motorcycle/scooter accident lawyer.

Scooter Companies Face Class Action Lawsuit

 

Litigation Alleges Manufacturers Engaged in “Gross Negligence”

 

Scooter-CompaniesEven though they seem to be increasingly popular with commuters and the public, electronic scooters continue to be the source of legal issues for their manufacturers. In fact, a lawsuit filed in state court in Los Angeles County earlier this fall named a number of e-scooter companies as defendants and the allegations included “aiding and abetting assault” and engaging in “gross negligence.”

The California litigation, which names Bird, Lime and other e-scooter enterprises, was filed as a class action on behalf of eight individuals who say they suffered injuries because of the companies’ business practices. The injured parties (plaintiffs) contend that scooter companies have increased the risk of injury by placing scooters on public streets without any safety warnings or ways to ensure that individuals who rent or drive them are qualified to do so. They allege in their lawsuit that this constitutes a “public nuisance.”

The complaint further states that the e-scooter companies either knew or should have known that their customers were injuring others, specifically pedestrians, but took no action whatsoever to address the problem. By failing to act, they allege, the companies “assisted and encouraged” customers to engage in behavior that constituted assault.

The plaintiffs also contend that there are product liability concerns with many of the scooters— they have either defective electronics or defective mechanical parts (or both). Attorneys for the plaintiffs say there are “scores” of riders and pedestrians who have already been injured, and they have asked the court to certify a class action.

Contact Weber & Nierenberg to Schedule a Meeting

At the law offices of Weber & Nierenberg, we bring more than 30 years of combined legal experience to personal injury victims across California, including people who have been hurt in scooter accidents. We will listen carefully to learn the unique details of your case so that we can customize our legal representation to obtain the outcome you need. Contact our office online or call 1-866-288-6010 to set up a free initial consultation with an experienced California motorcycle and scooter accident attorney.

Motorcycle Accident Injuries—Does There Have to Be a Collision?

In situations involving a “near collision,” where the wrongful act of another motorist causes you to take evasive action, there’s a big difference between the potential consequences when you’re on a motorcycle or an automobile. With an automobile, it’s much easier to maintain control of the vehicle and you’ll be protected by a few thousand pounds of steel. On a motorcycle, though, your only option may be to lay down the bike, putting you in direct contact with the roadway.

If you suffer injuries in a motorcycle accident where there was never any contact with another driver, can you still sue that person for injuries suffered? The answer is a clear “yes.”

Legal Responsibility for “No Contact” Motorcycle Accidents

There is no requirement that there be any actual contact between the at-fault party and a person injured in a motorcycle accident. Instead, a personal injury claim for losses sustained in a motorcycle accident will almost always be based on a legal theory of negligence. To successfully recover under a theory of negligence, you need to prove three things to a judge and/or jury:

  • That the at-fault person breached his or her duty of care—Under the law as it has evolved, all persons must exercise “reasonable” care in all their daily endeavors, whether it’s driving a motor vehicle, maintaining real property, or designing or manufacturing a product. In a lawsuit, a jury will review the facts as supported by the evidence and make a determination of whether or not the defendant exercised an appropriate amount of care. If not, the jury will move on to the second element of negligence.
  • The failure to exercise reasonable care “caused” an accident—Causation has two parts—actual cause and proximate cause. Actual cause requires a showing that the accident would not have occurred “but for” the breach of the duty of care. Proximate cause requires that the injured party show that the injuries sustained were reasonably foreseeable as a consequence of the breach of the duty of care.
  • There were actual losses—The plaintiff (the injured party) must also show that he or she suffered some actual loss, whether it’s property damage or personal injury. Personal injury can include lost wages and income, medical bills, loss of companionship or consortium, loss of enjoyment of life, and pain and suffering.

Contact Weber & Nierenberg

At Weber & Nierenberg, our attorneys bring over 30 years of experience to injured people in California, including men and women who have been hurt in motorcycle accidents. For a private consultation, contact Weber & Nierenberg by e-mail or call us at 1-866-288-6010. There is no charge for your first meeting.

A Checklist for Bikers—More Safety Tips from the Open Road

A Checklist for Bikers More Safety Tips from the Open RoadAs important as it can be to drive defensively and employ other safe driving practices, it’s just as critical that you don’t go out on the road on a bike that’s not road-ready. Here’s a checklist that you should go through every time you get ready to ride.

Before You Get on the Bike

Some of the most important safety measures come before you ever throw your leg over the bike:

  • Check the ground below your motorcycle—Is there anything suspicious on the ground—oil or gas spills or anything that’s fallen off the bike?
  • Are all your lights working properly?—Check your headlights, signals and tail lights, including high beams
  • Tires—Inspect the tread for signs of wear, and make certain there are no cracks or bulges anywhere
  • Fluid levels—Check fluid levels weekly to make certain there are no leaks and that you have ample fluids

After You Get on Your Bike

If everything looks good so far, climb on the bike and test the following:

  • Mirrors—Make certain mirrors are clean and free of cracks, and that they are properly adjusted
  • Clutch and throttle—Rev the engine and release—the throttle should snap back. Also confirm that the clutch engages smoothly.
  • Horn—Make certain it’s working correctly
  • Brakes—Before you pull onto the road, check the front and rear brakes (at a slow speed)

Contact Weber & Nierenberg

At Weber & Nierenberg, we bring over 30 years of experience to people in and around San Francisco Bay area who have been injured in a motorcycle accident. We built our practice on a strong commitment to personal service and attention. We’ll take the time to learn the unique aspects of your case, so that we can tailor our representation to get the outcome you want. When you hire us to help you pursue full and fair compensation for all your losses, either Joe Nierenberg or Steve Weber will work directly with you throughout the process.

To set up a free initial consultation with an experienced California motorcycle accident injury attorney, contact Weber & Nierenberg by e-mail or call our office at 1-866-288-6010.

Simple Steps for Keeping You and Your Motorcycle on the Road

Better Biking Safety Tips from the Open RoadThere’s nothing in the world that can compare to the thrill of taking your motorcycle on the open road…the power of the engine, the wind in your face, the exhilaration when you accelerate. Let’s face it…there’s also the excitement of being directly exposed to the elements. It’s a bit of a trade-off, though, as there’s less to protect you in the event of an accident. But there are many things you can do to minimize the risk of injury. Most cyclists ride for decades without a scrape, but it’s not just luck. They’re paying attention, taking specific measures to make their experience as safe as possible. Here are some simple steps you can take to make certain your memories are always positive.

  • Drive defensively—The most common response from a motorist who causes a motorcycle accident? “I didn’t see the bike.” You can’t ever assume that other drivers are aware of your presence. Be proactive…watch what other drivers are doing, stay out of their blind spots, give plenty of advance warning when you plan to turn or change direction, watch for cars that are turning or stopping
  • Improve your chances of being seen—Take steps to enhance your visibility. Wear bright clothing or reflective tape. Ride with your headlights on. Use hand signals in addition to the signals on your bike.
  • Keep your riding skills sharp—Consider taking a safety class or riding courses to keep your skills honed.
  • Obey the rules of the road—Another major cause of motorcycle accidents—bikers who take short cuts or jockey in and out of motor vehicle traffic. Stay within the speed limit, make certain you stop at red lights and stop signs, and don’t change lanes or pass in no pass zones.
  • Wear protective clothing—Sometimes you can do everything right and still be at risk. That’s why it’s important to wear the right clothing. Leather will minimize the risk of road rash, and good boots and gloves can help you avoid serious injury.

Contact Weber & Nierenberg

At Weber & Nierenberg, we bring over 30 years of experience to people in and around San Francisco Bay area who have been injured in a motorcycle accident. We built our practice on a strong commitment to personal service and attention. We’ll take the time to learn the unique aspects of your case, so that we can tailor our representation to get the outcome you want. When you hire us to help you pursue full and fair compensation for all your losses, either Joe Nierenberg or Steve Weber will work directly with you throughout the process.

To set up a free initial consultation with an experienced California motorcycle accident injury attorney, contact Weber & Nierenberg by e-mail or call our office at 1-866-288-6010.

Common Types of Injuries in Motorcycle Accidents

Sport motorcycle pov view from cockpit

According to published reports, approximately three of every four motorcycle accidents involve a collision with a motor vehicle. The others are single-bike accidents. Nearly all motorcycle accidents involve some type of injury—98% of multi-vehicle accidents and 96% of single bike crashes caused some type of injury.
Whether you’ve been hit by a car or lost control of your bike, the potential injuries can be serious, and can be caused by a variety of factors. Here are the common kinds of injuries sustained by bikers.

  • Head injury, including concussion, brain injury and brain damage, typically through contact with another vehicle, the ground or other objects, such as trees or guard rails. Evidence shows that using an approved helmet can reduce risk of death by nearly 40%.
  • Broken bones, including mostly elbows, knees, wrists, hips and shoulders. It’s also common for a biker to suffer a broken pelvis.
  • Permanent scarring and disfigurement, often to the face or head, particularly when the rider doesn’t wear a full protective face mask
  • Soft tissue injury, such as muscle, tendon and ligament injury
  • Road rash, caused by bare skin being dragged or thrown across pavement or some other rough surface. Using leather outerwear or reinforced denim can prevent this type of injury.
  • Biker’s arm, where the upper arm violently strikes the ground during a falling, causing nerve damage and potential paralysis.

Contact Weber & Nierenberg

At Weber & Nierenberg, we bring over 30 years of experience to people in and around San Francisco Bay area who have been injured in a motorcycle accident. We built our practice on a strong commitment to personal service and attention. We’ll take the time to learn the unique aspects of your case, so that we can tailor our representation to get the outcome you want. When you hire us to help you pursue full and fair compensation for all your losses, either Joe Nierenberg or Steve Weber will work directly with you throughout the process.

To set up a free initial consultation with an experienced California motorcycle accident injury attorney, contact Weber & Nierenberg by e-mail or call our office at 1-866-288-6010.

Still Great Potential for Accidents and Injuries on Public Transportation!

Public transportation has improved and certainly expanded over the last several years. However, there is still great potential for accidents and injuries on public transportation. If you have been injured in a public transportation accident, an experienced San Francisco personal injury attorney can help you determine if you are entitled to compensation for your injuries.
To help prevent an accident or injury while using public transportation the following safety tips may be helpful:
Do not rush to board a bus or subway, this way you can avoid falling or slipping and becoming injured.
As the bus or train approaches stand back from the edge of the platform or curb and stay a bit to the side to avoid being accidentally pushed or shoved off balance.
Do not try to enter a subway car when the doors are closing and ensure packages, pocketbooks and backpacks are clear of closing doors after you have entered the train.
Only use the emergency cord to prevent an accident or injury.
Do not run or walk on escalators—stand, hold the rail and face forward. Improper use of escalators can cause serious injuries.
Do not run for the bus—you can slip, trip or fall and sustain serious injuries.
Do not stand in stairwells or lean against doors while traveling on a bus—sudden stops could cause you to fall and become injured.
When boarding or leaving a bus watch for slippery surfaces, icy sidewalks or other hazards, which may cause you to fall.
A San Francisco personal injury law firm can help
Unfortunately, no matter how many advances have been made in transportation, accidents still happen and individuals can become seriously injured. If you or a loved one has sustained injuries in a public transportation accident contact us online or call 866-288-6010 to discuss your injury case.

Critical Steps to Take After a Car Accident!

When you have been injured in a motor vehicle accident, you don’t want to jeopardize your rights by failing to preserve critical evidence or making statements that can be used against you. In the uncertain moments following a collision, you can easily lose track of your thoughts and make crucial mistakes. This article outlines the steps you need to take after a car crash to protect your rights.

Before You Leave the Scene of the Accident

The first thing you need to do after an accident is verify the extent of any injuries to you or your passengers. Check immediately to see that everyone is conscious and can move under their own power. If a passenger is unconscious or cannot move, leave them alone unless they are in danger of further injury. EMT personnel will be better equipped to take care of them. If anyone is unconscious or need immediate medical attention, call 911.

Your next step should be to move your vehicle out of harm’s way, if possible. Your safety is the most important factor at this point. Don’t worry about being able to show how the accident occurred. Accident reconstruction specialists can put the pieces together even if the vehicles have been moved.

If you have not yet called law enforcement officers, telephone them and stay in your car until they arrive (unless it is unsafe to do so). You may have a lot of nervous energy after the accident and may be inclined to talk more than you should or want to. Don’t spend unnecessary time in conversation with other drivers. You may say something that will be held against you in court.

Once police officers arrive, gather relevant information from them, such as name, badge number and jurisdiction. Provide them with any information they request, including identification and proof of insurance. Do not volunteer information, but provide clear answers to their questions.

Before you leave the scene of the accident, you should also ask other drivers for important information, including name, address, phone number, insurance provider and policy number. If you have a camera, you should take as many pictures as you can, showing damages to other vehicles or other property, personal injuries, skid marks and important road signs or signals.

After You Leave the Scene of the Accident

Your first inclination after leaving the scene of the accident may be to contact your insurance carrier. Instead, you should call an experienced personal injury lawyer. Insurance companies have a vested interest in paying as little as possible for your injury. An attorney will put your needs first, seeking full and fair compensation for your losses. Your attorney may also act as your liaison with your insurer, making certain you get full and fair compensation for all your losses.

If you have not sought medical care at the scene of the accident, you may want to take yourself to the hospital or a clinic, so that you get a documented report of any immediately observable injuries. If your injuries are minor, you should nonetheless set up an appointment with your doctor to get a full examination.

You will need to notify your insurance provider in a timely manner. Don’t sign anything, however, without talking with an attorney.

A San Francisco personal injury law firm can help

Unfortunately, no matter how many advances have been made in transportation, accidents still happen and individuals can become seriously injured. If you or a loved one has sustained injuries in a public transportation accident contact us online or call 866-288-6010 to discuss your injury case.

Motorcyclist in Fatal Collision with Car, Then Strikes Pedestrian, at McAllister & Van Ness, San Francisco on 1/10/15

Fatal injuries were suffered by a motorcyclist who collided with a car in the afternoon of January 10, 2015 at the intersection of McAllister Street and Van Ness Avenue, San Francisco, California. After the motorcycle collided with the car, it also struck and injured a pedestrian.

Our firm has successfully handled many motorcycle accident cases, which often result in serious and permanent injuries, or death, and have obtained compensation for the victims or their families from the responsible parties.

The personal injury attorneys at the Weber & Nierenberg law firm are also well-experienced in motorcycle accidents, as well as automobile, truck and bicycle accidents, pedestrian accidents, falls, and other accidents including those involving serious injuries or wrongful death, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding injuries or wrongful death from a pedestrian, auto, bicycle, motorcycle, bus accident, fall or other type of personal injury or wrongful death, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

CHP Officer injured in crash on I-80 in Berkeley on 7/1/14

On Tuesday afternoon, July 1, 2014, a CHP officer driving his patrol cruiser was injured in a collision with a car on I-80 near the University Avenue exit in Berkeley, California. Both drivers suffered injuries from the crash and were taken to hospitals for treatment.

The injured parties have a right to seek compensation from the responsible car driver. Our firm has successfully handled numerous cases involving vehicle accidents.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in vehicle accidents, including those involving wrongful death, as well as motorcycle, bicycle, bus, pedestrian and truck accident cases, and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a wrongful death from a pedestrian, auto, bicycle, motorcycle, bus accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

 
 
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Government Studies Scooter Safety

  CDC Looking at Dockless Scooters   Surprising even industry analysts, dockless scooters have become the rage in municipalitie... [Read More...]