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Personal Injury · New Brunswick

New Brunswick E-Scooter Accident Lawyers

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

The e-scooter crash we see most in New Brunswick is a rider hit by a car at an intersection or a driveway in Moncton, Fredericton or Saint John. The scooter carries no insurance of its own, so the claim is built on the policies around it. A New Brunswick e-scooter accident lawyer identifies the defendant and the responding policy at the start.

A Rider Hit by a Vehicle Claims Against the Driver

The claim against the driver runs like any New Brunswick vehicle claim, with the minor personal injury cap reaching only injuries that fit the Injury Regulation and the seatbelt rule having no application to a scooter. For those rules, see New Brunswick car accident claims. No-fault accident benefits do not come from the scooter, so the route to them is traced through the striking vehicle’s policy and any auto policy in the rider’s own household, and we confirm that route on the facts.

Falls Caused by the Surface Are Occupier and Municipal Claims

A rider thrown by a pothole, a heaved sidewalk panel or an unmarked construction cut claims against whoever controlled the surface. A claim arising in a commercial lot is made against the occupier and its contractor. A claim arising on a street or sidewalk is made against the municipality, and municipal claims can require written notice long before the limitation period runs. We report a fall on public property in writing the week of the first call.

The Deadline Is Two Years From Discovery

The Limitation of Actions Act, SNB 2009, c L-8.5 gives two years, paused for minors, with the municipal notice rules running far ahead of it. Where a scooter may be ridden in a given city is set by the Motor Vehicle Act and local bylaws, and riding where it was not allowed raises a contributory negligence argument. That does not bar the claim. It reduces a proven claim by a share.

A New Brunswick E-Scooter Accident Lawyer Preserves the Evidence in Week One

Photographs of the scene, the scooter and the hazard come first, before the pothole is patched. Nearby surveillance is preserved by written demand before it is overwritten. For a rental scooter, the operator’s trip, speed and maintenance records are demanded, because a failed brake makes the operator and possibly the manufacturer defendants. For the claim patterns common to all four provinces, see the e-scooter accident claims.

Claims Are Filed in the Court of King’s Bench

The action goes to the Court of King’s Bench of New Brunswick, Trial Division.

I Was Not Wearing a Helmet.

The insurer will argue it. It goes to the share of fault for the head injury, if the evidence supports that, and it does not defeat the claim.

My Child Was Riding the Scooter.

A minor’s limitation period is paused, and the claim is often brought by a litigation guardian. The evidence still has to be preserved now.

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.

New Brunswick E-Scooter Accident Lawyers: Limitation Period, Regime and Court

Limitation period
Two years from discovery under the Limitation of Actions Act, SNB 2009, c L-8.5; a claim against a municipality for a road or sidewalk hazard may require written notice much sooner
Regime
The scooter itself is usually uninsured; a rider hit by a vehicle claims against the driver under the Insurance Act rules, and where a scooter may be ridden is set by the Motor Vehicle Act and municipal bylaws
Court
Court of King's Bench of New Brunswick, Trial Division
Moncton506-854-5157Monday to Friday, 8:30 am to 4:30 pm. Send an inquiry at any hour.Start a Claim

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