Question
I was riding my scooter and was hit by a car. Can I expect a settlement?
Answer
It's possible to reasonably expect an injury settlement in that situation, but it's far from a certainty.
It's important to remember that if you're using a motorized vehicle on the public roads and highways -- whether we're talking about a scooter or a motorcycle -- you're expected to play by the same set of rules that car drivers must follow, in most situations. There may be special exemptions and rules for motorized scooters, but it's not a situation where other drivers must simply look out for you while you operate your scooter in whatever manner you see fit.
So, in a lot of ways, the answer to your question -- whether you expect an injury settlement after you were hit by a car while riding your scooter -- will come down to an analysis of the same factors that decide the viability of any injury claim after a car accident. Specifically:
Who was at fault for the accident? Did the other driver violate a traffic law in connection with the accident? Do you have accident witnesses who will corroborate your side of the story?
Do you have proof of your injuries or other losses? If you are claiming that you were injured in the accident, it's crucial to have medical records that document those injuries and verify the fact that you sought prompt medical attention after the accident.
Does the at-fault driver carry a sufficient amount of car insurance coverage? If not, you can still file a claim or lawsuit against him or her, but you may be in for a tougher fight. (Note: The insurance rules are different if you live in one of the dozen or so no-fault car insurance states.)
by: David Goguen, J.D.
