New Jersey Scooter Accidents Lawyer

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Scooters have become a popular transportation option in New Jersey, especially in urban areas. They offer convenience and reduce congestion but also pose significant risks to riders. Due to their small size and lack of protective barriers, scooters leave riders vulnerable in traffic. As scooter usage has increased, so have accidents, often resulting in severe injuries or fatalities.

Why Scooter Accidents Require Special Attention

Scooter accidents present unique legal and medical challenges. Unlike car accidents, determining liability in scooter accidents can be complex, involving multiple parties such as riders, drivers, and scooter rental companies. There is often confusion about traffic laws governing scooters, complicating fault determination.

Injuries from scooter accidents can be severe, including fractures and head trauma, requiring extensive medical care. The Epstein Law Firm specializes in navigating these complexities, with a track record of successfully handling scooter accident cases in New Jersey. Our experienced attorneys are dedicated to ensuring victims receive the compensation they deserve.

Common Causes of Scooter Accidents

Driver Negligence

Driver negligence is one of the most common causes of scooter accidents in New Jersey. Motorists often fail to see scooter riders due to their small size, leading to dangerous collisions. Common negligent behaviors include distracted driving, speeding, failing to yield, and ignoring traffic signals. Because scooters are less visible than cars, drivers may overlook them when changing lanes or making turns, resulting in severe accidents.

Road Conditions

Poor road conditions are a significant hazard for scooter riders. Uneven pavement, potholes, debris, and inadequate signage can cause riders to lose control and crash. In many cases, municipalities are responsible for maintaining safe road conditions. When they fail to do so, injured scooter riders may have legal recourse against the city or county responsible for road maintenance.

Scooter Malfunctions

Scooter malfunctions can lead to unexpected accidents, posing serious risks to riders. Mechanical issues such as brake failures, steering problems, or electrical malfunctions are often due to manufacturing defects or inadequate maintenance by rental companies. In such cases, the manufacturer or rental company might be liable for the accident and resulting injuries.

Rider Inexperience or Misjudgment

Rider inexperience or misjudgment is another leading cause of scooter accidents. Many people use scooters without proper training or understanding of traffic rules. Riders may misjudge distances, speeds, or traffic patterns, leading to dangerous situations. Additionally, risky behaviors such as riding without a helmet, ignoring traffic signals, or carrying passengers can increase the likelihood of an accident.

Injuries in Scooter Accidents

Scooter accidents can lead to a wide range of injuries, varying in severity from minor cuts and bruises to serious, life-threatening conditions. Here’s a comprehensive list of potential injuries that can occur in a scooter accident.

Head and Neck Injuries

Concussions
A concussion is a mild form of traumatic brain injury (TBI) that occurs when a person experiences a blow or jolt to the head. In a scooter accident, this can happen if the rider is thrown off the scooter or if the head strikes an object. Concussions can lead to a temporary loss of brain function, and symptoms may include headaches, dizziness, confusion, nausea, and memory loss. While some concussions are mild, others can have more severe symptoms, making it essential to seek medical evaluation if a concussion is suspected.

Skull Fractures
Skull fractures are breaks in the skull bone and can be a serious result of a scooter accident. These fractures can be linear, depressed, or compound, depending on the nature and force of the impact. A linear fracture is a simple break without displacement, while a depressed fracture involves a portion of the skull being pressed inward. Compound fractures can involve multiple pieces of bone. Skull fractures may lead to brain injury if bone fragments penetrate the brain tissue, necessitating prompt medical attention.

Traumatic Brain Injuries (TBI)
Traumatic brain injuries encompass a range of head injuries from mild to severe. In scooter accidents, these can result from direct impact to the head or from the brain being shaken within the skull. TBIs can cause symptoms such as loss of consciousness, confusion, vomiting, seizures, and neurological deficits. Severe TBIs may result in long-term cognitive, physical, and emotional impairments, highlighting the importance of wearing a helmet and seeking immediate medical care in the event of an accident.

Whiplash

Whiplash is a common neck injury that occurs when the head is suddenly jerked forward and then backward, as can happen during a scooter accident. This rapid movement can cause soft tissue injuries to the neck muscles and ligaments. Symptoms of whiplash may include neck pain, stiffness, headaches, and dizziness. While whiplash is often self-limiting, severe cases may require physical therapy or other interventions to facilitate recovery.

Cervical Fractures

Cervical fractures refer to breaks in the cervical vertebrae, the bones of the neck. These fractures are serious injuries that can occur in high-impact scooter accidents. Cervical fractures can lead to instability in the neck and may damage the spinal cord, potentially resulting in paralysis. Treatment often involves immobilization with a cervical collar or surgical intervention, depending on the severity of the fracture.

Facial Injuries

Facial Fractures

Facial fractures are breaks in the bones of the face and can result from direct impact during a scooter accident. The severity and location of the fracture determine the treatment and potential complications.

• Nasal Fractures: These are breaks in the nasal bones and are among the most common facial fractures. 
• Zygomatic Fractures (Cheekbone Fractures): These occur in the zygomatic bone, affecting the cheek area. 
• Maxillary Fractures: Fractures of the upper jaw (maxilla) can affect the alignment of the teeth and the structure of the midface. 
• Mandibular Fractures (Jaw Fractures): These fractures involve the lower jaw and can affect the ability to open and close the mouth. 
• Orbital Fractures: These are fractures around the eye socket and can occur in various parts of the orbit. 

Dental Injuries

Dental injuries are common in scooter accidents and can range from minor chips to complete loss of teeth.

• Chipped or Fractured Teeth: These injuries can cause pain and sensitivity and may require dental treatment such as bonding or crowns to repair the damage.
• Tooth Avulsion: This occurs when a tooth is completely knocked out of its socket. Immediate dental care is crucial, and if the tooth is handled properly, it can sometimes be re-implanted.
• Tooth Luxation: This refers to a tooth that has been loosened or displaced within its socket. Treatment may involve repositioning and stabilizing the tooth.

Lacerations and Abrasions

Lacerations and abrasions are common injuries in scooter accidents, often resulting from direct contact with the ground or other surfaces. Lacerations are deep cuts or tears in the skin that can vary in depth and length. They often require stitches or surgical intervention to close and prevent infection. Abrasions, commonly known as “road rash,” occur when the skin is scraped off, leaving raw and painful areas. 

Upper Body Injuries

Clavicle (Collarbone) Fractures
A clavicle fracture is a common injury in scooter accidents, often resulting from falls or direct impact to the shoulder area. The collarbone is a slender bone that connects the shoulder blade to the sternum and is vulnerable to breaking when a person falls onto an outstretched hand or shoulder. Symptoms of a clavicle fracture include severe pain at the site of the fracture, swelling, bruising, and an inability to lift the arm. Treatment typically involves immobilization with a sling, pain management, and in some cases, surgery to realign and stabilize the bone.

Shoulder Dislocations
A shoulder dislocation occurs when the upper arm bone (humerus) is forced out of its socket in the shoulder blade. This injury can occur in a scooter accident if the shoulder absorbs a significant amount of force or is twisted in an unnatural way. Symptoms include intense pain, swelling, visible deformity, and an inability to move the shoulder. Immediate medical attention is required to realign the shoulder joint, followed by rehabilitation exercises to restore strength and mobility.

Rib Fractures

Rib fractures are common chest injuries in scooter accidents, often caused by direct impact or compression of the chest. Symptoms include sharp pain in the chest, especially when breathing deeply, coughing, or moving. Rib fractures typically heal on their own with rest and pain management, but severe cases may require medical intervention.

Chest contusions

Chest contusions, commonly known as bruises on the chest, are a type of soft tissue injury that occurs when the chest area experiences a direct impact or trauma. These injuries are common in scooter accidents due to falls, collisions, or sudden stops that cause the chest to strike an object such as the handlebars, the ground, or another vehicle. Although chest contusions are often considered minor injuries, they can be painful and sometimes indicate more severe underlying issues.

Arm and Hand Injuries

Wrist Fractures
Wrist fractures are common in scooter accidents, often resulting from falls onto an outstretched hand. The most common type of wrist fracture is a distal radius fracture, where the end of the radius bone near the wrist is broken. Symptoms include pain, swelling, bruising, and difficulty moving the wrist. Treatment typically involves immobilization with a cast or splint, and in severe cases, surgery may be necessary.

Hand Fractures
Fractures to the bones of the hand can occur from direct impact or when the hand is used to brace a fall. Symptoms include pain, swelling, bruising, and deformity. Treatment involves immobilization with a cast or splint, and surgery may be required for complex fractures.

Elbow Dislocations

An elbow dislocation occurs when the bones of the forearm (radius and ulna) are displaced from their normal position in the elbow joint. This can happen when a person extends their arm to break a fall during a scooter accident. Symptoms include intense pain, swelling, and an inability to bend the elbow. Immediate medical treatment is required to realign the joint, followed by rehabilitation to restore function.

 Muscle Strains
Muscle strains in the arm can occur when muscles are overstretched or torn, often as a result of sudden movements or overexertion during a scooter accident. Symptoms include pain, swelling, and muscle weakness. Treatment typically involves rest, ice, compression, and elevation (RICE) to reduce swelling and promote healing.

Ligament Sprains
Ligament sprains involve stretching or tearing of ligaments, which connect bones to each other. Sprains can occur in the shoulder, elbow, or wrist, causing pain, swelling, and limited mobility. Treatment may include immobilization, physical therapy, and in severe cases, surgery to repair torn ligaments.

Abdominal Injuries

Abdominal Contusions

Abdominal contusions are bruises caused by blunt force trauma to the abdomen, resulting in damage to the small blood vessels under the skin. This can occur if a person falls onto a hard surface or if the abdomen is impacted by the handlebars during a scooter accident. Symptoms include localized pain, swelling, and discoloration of the skin. While most contusions are minor and heal on their own with rest and ice, severe cases may require medical evaluation to rule out deeper injuries.

Organ Damage

Organ damage is a serious concern in abdominal injuries, as the organs within the abdominal cavity are vulnerable to blunt or penetrating trauma. Commonly affected organs include:

• Liver: The liver is susceptible to lacerations or rupture from direct impact due to its size and location in the upper right quadrant of the abdomen. 
• Spleen: The spleen, located in the upper left quadrant of the abdomen, can be ruptured from trauma, leading to internal bleeding. 
• Kidneys: The kidneys are located in the back of the abdominal cavity and can be injured by direct impact. 
• Pancreas: Pancreatic injuries are less common but can occur from severe trauma. Symptoms include abdominal pain, nausea, vomiting, and fever.

Back and Spine Injuries

Herniated Disc

A herniated disc occurs when the soft inner gel of a spinal disc pushes through a crack in the tougher outer layer. This injury can result from sudden impact or twisting during a scooter accident. Symptoms include localized back pain, radiating pain down the legs (sciatica), numbness, tingling, and weakness in the affected areas. Treatment options include physical therapy, pain management, and in severe cases, surgical intervention to relieve pressure on the nerves.

Fractured Vertebrae

Fractured vertebrae involve breaks or cracks in the bones of the spine. These injuries can result from direct impact or compression forces during a scooter accident. Symptoms include severe back pain, limited mobility, and potential nerve damage if the spinal cord is affected. Treatment may involve immobilization with a brace, pain management, and in some cases, surgery to stabilize the spine.

Spinal Cord Injuries

Spinal cord injuries (SCIs) are among the most serious consequences of a scooter accident and can result in partial or complete paralysis, depending on the level and severity of the injury. SCIs occur when the spinal cord is damaged due to fractures, dislocations, or compression of the vertebrae.

Lower Body Injuries

Hip Fractures

Hip fractures are serious injuries that occur when there is a break in the upper part of the femur (thigh bone) near the hip joint. These fractures are common in high-impact scooter accidents, especially in older adults with weaker bones. Symptoms include severe hip or groin pain, inability to put weight on the affected leg, and visible deformity. Treatment often involves surgical intervention to repair or replace the damaged joint, followed by physical therapy to restore mobility and strength.

Hip Dislocations

Hip dislocations occur when the head of the femur is forced out of its socket in the pelvic bone. This injury can result from a significant impact or fall during a scooter accident. Symptoms include intense pain, inability to move the leg, and visible deformity of the hip joint. Immediate medical attention is required to realign the joint, and rehabilitation is necessary to regain full function.

Pelvic Fractures

Pelvic fractures involve breaks in one or more of the pelvic bones and are often caused by high-impact forces in scooter accidents, such as collisions or falls. The pelvis is a complex structure composed of several bones, including the ilium, ischium, and pubis, and it houses critical organs and blood vessels.

Leg Fractures

Leg fractures involve breaks in the bones of the lower leg, specifically the tibia (shinbone) and fibula. These fractures can result from direct impact or twisting forces during a scooter accident. Symptoms include pain, swelling, bruising, visible deformity, and inability to bear weight on the affected leg. Open fractures may involve broken skin and visible bone.

Knee Injuries

Patellar fractures are breaks in the kneecap (patella) caused by direct impact or falls onto the knee. These fractures can disrupt the extensor mechanism of the knee. Symptoms include knee pain, swelling, bruising, difficulty extending the leg, and sometimes visible deformity.

Leg and Foot Injuries

Ankle Sprains

Ankle sprains occur when the ligaments that stabilize the ankle joint are stretched or torn. This injury is common in scooter accidents, often resulting from twisting or rolling of the ankle. SOme symptoms are pain, swelling, bruising, and difficulty bearing weight. The severity of symptoms depends on the extent of the injury.

Ankle Fractures

Ankle fractures involve breaks in one or more of the bones that make up the ankle joint (tibia, fibula, or talus). These fractures can result from falls, direct impact, or twisting motions. Severe pain, swelling, bruising, deformed ankle, and inability to bear weight are some of the symptoms.

Foot Fractures

Foot fractures involve breaks in the bones of the foot, including the metatarsals and phalanges (toe bones). These fractures can result from direct impact or crushing forces during a scooter accident.

Lacerations

Lacerations are deep cuts or tears in the skin or flesh that occur when the skin is punctured or sliced by a sharp object or due to trauma from blunt force. In scooter accidents, lacerations can result from contact with rough surfaces, debris, or objects like metal parts of the scooter itself.

Bruises 

Bruises also known as contusions, occur when small blood vessels under the skin are damaged due to a direct blow or impact. This damage leads to bleeding under the skin, resulting in discoloration.

Soft Tissue Injuries

Strains

Strains are injuries to muscles or tendons, the fibrous cords that attach muscles to bones. Strains occur when these tissues are overstretched or torn, often due to sudden movements or overexertion.

Contusions (Bruises)

Contusions, commonly known as bruises, occur when small blood vessels under the skin are damaged due to a direct blow or impact. This leads to bleeding and discoloration of the skin. Symptoms are discoloration, swelling, tenderness, and pain. Bruises often start as red or purple and change color as they heal.

Abrasions

Abrasions are superficial injuries to the skin caused by scraping or rubbing against a rough surface. In scooter accidents, abrasions, commonly known as “road rash,” can occur when the skin comes into contact with the pavement.

Psychological Injuries

Post-Traumatic Stress Disorder (PTSD) 

Post-Traumatic Stress Disorder (PTSD) is a mental health condition that can develop after experiencing or witnessing a traumatic event, such as a scooter accident. It is characterized by a range of symptoms that can disrupt daily life and functioning.

Anxiety Disorders

Anxiety disorders can develop after a traumatic event and are characterized by excessive worry or fear that interferes with daily activities. The anxiety may be specific to the accident or more generalized.

Depression

Depression is a common psychological response to trauma and can be triggered by the physical and emotional impact of a scooter accident. It involves a persistent feeling of sadness and loss of interest.

Fatal Injuries

Multi-Organ Failure

Multi-organ failure can occur as a result of severe trauma and shock from a scooter accident. This condition happens when multiple organ systems in the body begin to fail due to severe injury or prolonged shock.

Catastrophic Injuries

A catastrophic injury in scooter accidents refers to a severe injury that results in long-term or permanent disability, significant disfigurement, or loss of a bodily function. These injuries are life-altering, often requiring extensive medical treatment, rehabilitation, and sometimes lifelong care. Catastrophic injuries can have profound physical, emotional, and financial impacts on the affected individuals and their families.

Understanding Liability in Scooter Accidents

Determining Fault

Determining fault in scooter accidents is often complex, involving multiple parties and factors like road conditions and traffic law compliance. Establishing liability requires a detailed investigation to gather evidence, such as eyewitness accounts and traffic camera footage. Both the scooter rider and the vehicle driver may share responsibility, making experienced legal representation essential.

Role of Insurance Companies

Insurance companies can be challenging to deal with in scooter accident claims, as coverage is often unclear. Companies may try to minimize payouts by disputing liability or the severity of injuries. Having a skilled attorney from The Epstein Law Firm can ensure you receive the compensation you deserve by negotiating effectively on your behalf.

Comparative Negligence in New Jersey

New Jersey follows a comparative negligence system, where a victim’s compensation is reduced by their percentage of fault. If you are more than 50% at fault, you may be barred from recovering damages. This makes it crucial to have a legal team that can argue your case effectively and minimize your assigned fault.

Involvement of Multiple Parties

Scooter accidents often involve multiple parties, including drivers, pedestrians, rental companies, and municipalities. Each party’s liability must be carefully assessed, whether it’s due to poor scooter maintenance by a rental company or hazardous road conditions. The Epstein Law Firm specializes in navigating these complexities.

Product Liability Issues

Some scooter accidents result from defective products. If a scooter has a design flaw or mechanical failure, the manufacturer might be liable. The Epstein Law Firm has the expertise to handle product liability claims, helping victims pursue compensation from manufacturers when defects are involved.

Steps to Take After a Scooter Accident

Immediate Actions for Victims

If you are involved in a scooter accident, taking immediate action can significantly impact the outcome of your case. Here are some crucial steps to follow:

1. Ensure Safety: Move to a safe location away from traffic, if possible, to avoid further injury.
2. Seek Medical Attention: Even if you believe your injuries are minor, it’s important to seek medical attention right away. Some injuries, like concussions or internal damage, may not be immediately apparent.
3. Call the Police: Report the accident to law enforcement and obtain a police report. This document will be essential for your claim.
4. Gather Evidence: Collect as much evidence as possible at the scene. Take photographs of the accident, your injuries, the scooter, and any other vehicles involved. Note the road conditions, weather, and any visible traffic signs.
5. Obtain Contact Information: Exchange contact and insurance information with the other parties involved, including drivers, witnesses, and anyone else present at the scene.
6. Document Your Experience: Write down your recollection of the accident as soon as possible, including what happened before, during, and after the incident. This will help preserve details that may fade from memory over time.

Consulting with a Lawyer

After addressing immediate concerns, it is crucial to consult with an experienced personal injury lawyer. Legal representation can help protect your rights and ensure you navigate the complexities of a scooter accident claim effectively.

Initial Consultation

Contact The Epstein Law Firm for a free initial consultation. Our experienced attorneys will review your case, discuss your legal options, and advise you on the best course of action.

Case Evaluation

We will conduct a thorough investigation of your accident, gathering evidence and consulting with experts to build a strong case on your behalf.

Negotiating with Insurance Companies

Our legal team will handle all communications with insurance companies, ensuring that your rights are protected and you receive fair compensation for your injuries and losses.

Filing a Claim

Filing a personal injury claim is a crucial step in seeking compensation for your injuries. Here’s how the process typically unfolds:

1. Gather Documentation: Compile all necessary documents, including medical records, police reports, witness statements, and any evidence collected at the scene.
2. Submit a Demand Letter: Your attorney will draft and submit a demand letter to the responsible party’s insurance company, outlining the details of the accident, your injuries, and the compensation you are seeking.
3. Negotiate a Settlement: Most personal injury cases are resolved through negotiation. Your attorney will negotiate with the insurance company to reach a fair settlement that covers your medical expenses, lost wages, and other damages.
4. Litigation, if Necessary: If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit. The Epstein Law Firm is prepared to take your case to court and advocate aggressively for your rights.
5. Understand the Statute of Limitations: Be aware that New Jersey has a statute of limitations for personal injury claims, typically two years from the date of the accident. It’s important to act promptly to protect your right to compensation.

By following these steps and working with The Epstein Law Firm, you can ensure that your rights are protected and maximize your chances of receiving the compensation you deserve.

Contact The Epstein Law Firm Today

These injuries can vary depending on factors such as the speed of the scooter, the presence of protective gear, the nature of the collision, and the physical condition of the rider. Wearing a helmet and other protective gear can help reduce the risk of severe injuries in a scooter accident.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.