What Must You Prove? What If You Didn’t Have a License?
The use of E-scooters has exploded across the United States, including throughout New Jersey. They are street legal now, with a right to be on streets, highways and bike paths. Not surprisingly, the state of New Jersey has seen a dramatic rise in the number of accidents and injuries involving e-scooters.
What Must You Prove to Get Compensation after an E-Scooter Accident?
Though you can always bring a lawsuit when someone intentionally causes an e-scooter accident, as a practical matter, your claim will likely be based on a legal theory of negligence. Under that principle, every person in society (including other motorists) has a duty to use reasonable care in the exercise of any action. Accordingly, when driving a vehicle, the operator must act as a reasonable person would. To recover a monetary award in an e-scooter accident, you must show that:
- Another person failed to act reasonably (failed to stop at a red light or stop sign, exceeded the speed limit, failed to use due caution when making a turn, etc.)
- That failure to act reasonably caused an accident
- You suffered actual losses, including physical injury, in the accident
What If You Didn’t Have a License?
The state of New Jersey does not require a special license to operate an e-scooter. In addition, you don’t need insurance or proof of registration. The fact that you don’t have a license will not have an impact on whether you can bring a lawsuit to recover damages. However, if you are under the age of 17, you will be required to wear a helmet. Failure to wear a helmet won’t prevent you from suing for damages, but may have an impact on how much you receive in compensation.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.