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Livas Law Group

Chicago personal injury lawyerIn many scooter accidents, one person is obviously to blame. For example, a motorist might have run a red light and slammed into you. However, in other accidents, the person on the scooter could also contribute to the accident. This is not surprising, since many people are not familiar with how to safely operate a scooter. Fortunately, the Illinois law on comparative negligence allows injured victims to receive compensation even if they did not operate their scooter with reasonable care. Please contact Livas Law Group, A Division of Kralovec, Jambois & Schwartz for more information.

Comparative Negligence

Once upon a time, Illinois’ contributory negligence laws prohibited a victim from receiving any compensation if he or she was found to be even a little bit negligent. This was a serious bar to recovery for many personal injury plaintiffs, who might have made some error that contributed, even slightly, to a crash.

Fortunately, Illinois has changed this unfair rule. After a period of uncertainty, the legislature ultimately updated the law to state that a victim is barred from receiving compensation if their fault was greater than 50 percent. In other words, a victim can be up to 50 percent to blame for an accident and still receive compensation—a level of blame that is greater than 50 percent will leave them unable to collect compensation.

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Illinois electric scooter injury attorney

Whenever a person uses a device powered by electricity, there is always the chance that they can suffer a burn injury. Electric scooters can cause several types of burn injuries which can lead to permanent disfigurement, infection, and other complications. If you were involved in a scooter accident, it is important to enlist the help of an attorney with experience in dealing with e-scooter concerns.

Fires and Electrocution

There have been problems with electric scooters malfunctioning. For example, in late 2018, the e-scooter manufacturer Lime pulled 2,000 electric scooters after several had caught on fire. Scooters even caught on fire at the company’s Lake Tahoe facility. The cause was eventually determined to be defects with lithium-ion (Li-ion) batteries. Lime eventually pulled their scooters from several cities in California and designed a new program that would allow them to catch any malfunctioning batteries.

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Chicago e-scooter injury lawyerAs the city of Chicago continues the second year of its electronic scooter pilot program, fleets of the small, convenient vehicles have become widely available in other cities around the country as well. The explosion in popularity of e-scooters has created challenges for municipal regulators as they struggle to keep up with safety concerns and the impact of the scooters on city traffic patterns. According to a new study from the Insurance Institute for Highway Safety (IIHS), there are several factors that contribute to the likelihood of being injured on or around e-scooters.

Lack of Clear Rules

Electric scooters represent a relatively new phenomenon, and city planners and policymakers are playing “catch-up” in many cities. This means that too often, scooters are made available and are being used without consistent policies and rules in place regarding how to ride with safety as the top priority. The IIHS study found that e-scooter riders suffer more injuries per mile ridden than bicycle riders and were two times more likely to be hurt by potholes, lampposts, and cracks in the pavement. Bike riders, however, were three times more likely to be hit by a car. Thus, clear and consistent policies are extremely important for keeping riders and pedestrians safe.

Riding on Sidewalks

One of the biggest areas of concern is in regard to where e-scooters should be ridden. According to the IIHS, the jury is still out on whether it is actually safer to ride on sidewalks or on the road. The study found that riding on sidewalks creates more opportunities for the riders to be hurt, but riding on the road increases the chances of more severe injuries. Bicycle lanes may offer a potential solution, but combining e-scooters and bicycles—which usually travel at faster speeds—in one lane has risks as well. In the city of Chicago, e-scooters are not allowed to be ridden on sidewalks, so riders must use roadways and bicycle lanes.  

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Chicago e-scooter accident lawyerBy this point, most residents of Northern Illinois are aware that Year Two of the Chicago e-scooter pilot program is now underway. The second round of the program began in August and consists of about 10,000 electric scooters for rent throughout much of the city. During the first month of this year’s program, riders took more than 230,000 trips, which seems to indicate a level of acceptance from the general public.

It is important to remember, however, that e-scooters can be dangerous if they are not used properly and ridden in compliance with all applicable laws and regulations. In fact, several dozen deaths have been linked to e-scooters and similar modes of transportation in the last few years, as well as tens of thousands of additional injuries.

Federal Estimates, Scary Numbers

According to the United States Consumer Product Safety Commission (CPSC), no fewer than 41 people have been killed between 2017 and 2019 in incidents involving e-scooters, e-bikes, and hoverboards—collectively known as “micro-mobility” devices. During that same period, approximately 133,000 people required emergency room treatment for injuries related to micro-mobility products. These figures represent an upward trend in injuries and deaths involving these items, which is hardly surprising, as the trend largely corresponds to the uptick in the devices’ popularity.

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Chicago scooter injury lawyerWe are now a month into the second round of Chicago’s experimental program to test the efficiency and usefulness of electric scooters in the city. City officials have been looking at e-scooters as an environmentally friendly way for people to move around the city without using buses, cars, and other transportation options that rely on fossil fuels. E-scooters are also faster and easier than walking on Chicago’s streets.

The first round of the e-scooter pilot program took place late last summer and into the fall. The second round started in August of this year and is expected to run until December. With the first month of the second test program now in the books, it seems that the novelty of e-scooters may be wearing off, despite an uptick in overall trips.

More Rides Taken, But…

This year’s program put nearly four times as many e-scooters on the streets of Chicago compared to last year, with 10,000 scooters made available from three different scooter companies. In the first month of the program last year, riders took about 218,000 trips, with an average trip covering about a mile and a quarter. This year, the first month saw 230,400 trips, and the average trip covered 1.87 miles.

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