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Personal Injury

E-Scooter Accident Lawyers in Atlantic Canada

Michael Murphy, K.C. in his office at the firm's Moncton building

An e-scooter crash does not fit the ordinary auto claim, because the scooter itself usually carries no insurance. Who pays depends on what caused the crash, and there are four main answers. If you hire us as an e-scooter accident lawyer, we identify the right defendant at the start, because each one comes with its own deadline and its own evidence. There is no fee unless the claim resolves.

The Cause of the Crash Decides Who the Defendant Is

A rider hit by a car claims against the driver. A rider thrown by a pothole, a broken curb or an unmarked hazard claims against the municipality or the occupier of the property, and those claims can carry written notice periods measured in weeks. A rider hurt by a rental scooter’s failed brake or throttle claims against the rental operator and potentially the manufacturer. A pedestrian struck by a scooter rider claims against the rider, whose home or tenant insurance may respond. Several of these can apply to one crash, and we pursue them together.

A Rider Hit by a Car Claims Against the Driver’s Policy

The tort claim runs like any vehicle claim: fault, injuries, income loss and care, subject to each province’s cap or deductible rules, as in a car crash. For those rules, see the car accident pages. No-fault accident benefits do not come from the scooter, so the route to them runs through the policies around the crash, usually the striking vehicle’s and sometimes an auto policy in the rider’s own household. We map every available policy in week one instead of assuming there is none.

The Road Rules for E-Scooters Differ by Province and by City

Provincial motor vehicle and highway traffic legislation, such as Nova Scotia’s Motor Vehicle Act, RSNS 1989, c 293, decides where a scooter may legally be ridden, and municipal bylaws add local rules. Riding where scooters are not permitted, riding without a required helmet, or riding at night without lights feeds a contributory negligence argument. That argument reduces a proven claim by a share. It does not erase the fault of the driver, occupier or operator who caused the crash.

An E-Scooter Accident Lawyer Preserves the Rental Data and the Scene Early

For a rental scooter, the operator’s records show the trip, the speed, the battery and brake state and the maintenance history, and they are demanded in writing at once. For every crash, photographs of the scene and the scooter, the names of witnesses, and any nearby surveillance are collected before the pavement is repaired and the footage overwritten. A fall on public property is reported in writing the week of the first call because of the short municipal notice rules.

E-Scooter Accident Claims Differ by Province

I Clicked a Waiver in the Rental App.

A waiver is a defence the company must prove applies to what happened. It is argued, not accepted, and it does not answer for everything, particularly the condition of the machine.

The Driver Who Hit Me Says I Should Not Have Been on the Road.

Where you could ride is one factor in dividing fault. It does not excuse a driver who failed to keep a lookout. The claim proceeds and the split is argued on the evidence.

No Fee Unless the Claim Resolves

There is no fee unless the claim resolves. Send us the details through the contact page. For other claim types, see injury law areas.

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