Armed with your smartphone, you can download apps like Bird, Lime, or Spin, and in minutes begin cruising down city blocks at speeds up to 20 mph on an e-scooter. One critical element about grabbing a scooter you should be aware of is the e-scooter rental agreement’s Terms and Conditions.

We’re all familiar with “terms and conditions.” Typically, it’s “boilerplate” language that most people never bother to read and instead scroll blindly until they see “accept,” and then the “reward” becomes available. But e-scooter riders should be aware that important language exists buried within these lengthy terms and conditions that may significantly impact your rights in the event of an accident or injury while using the e-scooter.

E-Scooter Liability Waiver

Buried in most e-scooter rental agreements is a liability waiver, which, in most cases, waives a rider’s right to pursue a claim against the e-scooter company for injury or property damage.

Liability waivers are common and, in many instances, make perfect sense. Conceptually, the waivers are simple: a company provides you with a good or service but does not want to be held responsible if you injure yourself or others while using said good or service. In the context of e-scooters, this would logically mean riders are assuming the risk of injury or property damage that may occur from the inherent risks associated with riding a scooter.

However, many riders may not realize that these waivers’ language is much broader. In fact, not only do the terms and conditions waive the rider’s ability to sue the company in the event they are injured due to the risks associated with riding an electric scooter, but riders are also agreeing to waive their right to sue the company if they are injured as a result of the e-scooter company’s negligence.

Riders aren’t the only ones responsible for causing e-scooter crashes. In some instances, crashes and injuries result from the e-scooter rental company’s or manufacturer’s negligence. This negligence can include “vehicle or component malfunction” or the failure to maintain or repair equipment.  Given that numerous injuries have allegedly resulted from scooter malfunctions such as sudden acceleration or loss of brake function, riders need to be aware that they are assuming these risks and may not be able to seek compensation if they are seriously injured as a result of a malfunctioning or improperly maintained e-scooter.

E-Scooter Rental Agreements

If you’re considering signing an e-scooter rental agreement, here’s what you need to know:

You may also be releasing other parties from liability, Riders should be aware that these waivers also cover more parties than just the “rider” and the “e-scooter company.” These waivers apply to the e-scooter companies, their parent companies (e.g. Uber, Lyft, and Ford Motor Company), and also extend to the manufacturers of the scooters — and even the cities in which the e-scooter service operates.

Bird, Lime, and Spin’s e-scooter rental agreements all contain language that defines the municipalities which authorize the companies to operate as “released parties.” Under this term and condition, riders injured as a result of a defect in a sidewalk or roadway the municipality is responsible for maintaining may have waived their ability to pursue a claim against the municipality for the sidewalk or roadway defect.

Time Limits? Truncating the Statute of Limitations

Assuming you can even bring a claim against a company, certain language in e-scooter rental agreements often includes time limitations for bringing a claim. While liability waivers are generally enforceable in most instances, they are not insurmountable and cannot absolve a company from liability for acts that amount to “gross negligence,” or “willful and wanton conduct.” (However, those legal terms also require a significantly higher burden for an injured person to meet.)

In Michigan, injured parties generally have three years following an injury to bring a negligence claim against another party – call the statute of limitations. With few exceptions, an injured person’s claim against another party is forever barred as soon as the statute of limitations period expires.

However, riders should understand that signing an e-scooter rental agreement may include agreeing to a shorter statute of limitations. For example, the terms and conditions for Spin contain language where the user agrees to shorten the statute of limitations period for bringing claims against Spin to just one year. After that time, users cannot bring a claim against the e-scooter company.

In short, you want to take the time to read whatever you agree to, and if you were injured in an e-scooter accident, don’t assume their waivers are iron-clad; contact the experts at Turner & Turner for a free consultation.

Call us today at (248) 355-1727.

However, when it comes to your insurer, you may have a duty under your policy to notify them of the crash, and provide certain information to help them prepare for a potential claim. Although you may need to communicate with your insurance company, be careful of what information you provide

Your Insurer is Not Your Advocate

When it comes to claims involving injuries, insurance companies do not advocate for — or serve — their policy holders … in this case, you. Their goal is to limit the company’s liability and compensation they pay on a claim.

To accomplish that goal, insurers leverage their conversations with you, and other parties, to find any basis to deny or limit your monetary compensation. Anything you say to your insurance representative via phone, email, or message is information they can use against you.

Do Not Apologize for Anything

It is often people’s nature to become apologetic in stressful situations. Refrain from saying “sorry” or apologizing to the insurance representative regarding information about who was at fault in the crash. The insurer can use this as your admission of guilt for the accident.

Do Not Tell Them What You Think Occurred

Another common mistake many accident victims make (when speaking to insurers) is wanting to hypothesize and go over how they believe the accident happened. Although you may feel that your version of the events clearly shows the other parties’ fault, remember other witnesses or facts may paint a different picture.

An experienced insurer may take speculative statements you offer — trying to be helpful — and use that to flip the blame onto you for the accident, or your injuries. Do not respond to the insurer’s questioning, and refuse a recording of your conversation unless you have the advice of legal counsel.

Do NOT Say You Are “Feeling Fine” or “Doing OK”

The insurer will ask how you feel or how you are doing in an initial conversation with you, post-crash. These are not mere pleasantries or small talk, but gauge the seriousness of your car accident injuries. (And try gaining insight into the consequences of the accident and your recovery.)

Do not make any statements about your physical, mental, or emotional state to the insurance company until you are certain what your condition and treatment needs are. Usually this will be long after the crash.

NEVER Admit the Accident Was Your Fault

Motor vehicle accidents are often highly emotional and traumatic experiences. There may be severe injuries, destruction of vehicles and property, or fatalities. People may feel guilty about the events and question what they did wrong. While you may think you were at fault, an investigation might reveal that other forces at play caused the accident.

You should be hesitant to admit fault — unless and until it is clear there were no other contributing factors. If evidence ultimately shows you are not to blame, you cannot easily undo your previous admissions to an insurance representative.

It is the insurer’s responsibility, or another party claiming you are at fault, to look at the evidence available and determine fault after a crash. Of course, do not be dishonest with your insurer if, indeed, a crash was your fault.

Do Not Divulge Details on Your Injuries or Recovery

The insurance company will ask about your injuries and diagnosis, especially in cases where you went to the emergency room after the accident. If they pressure you to answer, reply that you are still receiving treatment and are currently unable to provide additional information.

While you may think that explaining the extent of your injuries helps your case, you may inadvertently cause complications and delays, or give information that limits the value of your claim before all the information is available.

Do Not Give Them Any Information Beyond the Basics

It’s difficult to navigate a conversation with your insurer without falling into their attempt to gather additional information about your case. Stick to the facts, what you know, and the accident’s basic information.

If you find your conversation veering off into uncertain topics, redirect the conversation however you can to the facts. The only information your insurer truly needs is the date of the accident, your name, and your contact information.

Refer the Insurer to Your Attorney; If You Don’t Have One, Hire One

Once you undergo medical treatment for injuries after a crash, your priority is hiring a lawyer. Insurance companies are persistent and may contact you before you can meet with and hire an attorney.

Notify the insurer that you are in the process of obtaining a lawyer to represent you. This statement may lead the insurer to limit questions and give you time to complete your search for the right attorney.

Contact Turner Law if you have been in a motor vehicle accident where you or other parties have suffered injuries. Do not travel this road alone. It could be very costly. Call Turner & Turner today at (248) 355-1727 for your free consultation.

How Many Cyclists Suffer Injuries Occur Each Year?

NHTSA reported 49,000 injuries from traffic-related cycling accidents in 2021, representing a 5.4 percent increase from 2020. In the aggregate, it represents about two percent of all preventable traffic injuries in the U.S.; bicyclists make up less than one percent of all traffic participants.

What Accounts for The Upward Trend in Bike Accidents?

While fatalities have dropped over the last two years –most experts attribute the decline to decreased traffic during the height of the COVID-19 pandemic – injuries and bike accident reports have risen steadily over the last decade. Many factors have possibly contributed to the increase, including:

• Cycling continues to grow in popularity (meaning more inexperienced cyclists are on the roads).
• Drivers are not looking out for cyclists and do not share the road properly.
• Municipalities have been slow to recognize the threat bicyclists face, meaning safety measures like dedicated bicycle lanes have not been installed at the same pace as the number of bicyclists.

Of course, there are steps bicyclists should take to reduce their risk of being seriously hurt in accidents, including wearing helmets, following the rules of the road, and avoiding high-risk areas.

What are the Most Common Causes of Bicycle Accidents?

1. Drivers Not Paying Attention to Cyclists; NHTSA data shows that 30 percent of all bicyclist injuries result from cars striking them, and driver distraction is the most common reason.
2. Dangerous Road Conditions; roadways are not always safe for bicyclists and the responsibility falls on local municipalities to maintain dedicated bike lanes. However, NHTSA reports 13 percent of all cycling accidents resulting in injuries are due to unsafe road conditions, often due to the negligence of public entities responsible for maintaining the streets.
3. Drivers Fail to Consider Bicycles as Vehicles; motor vehicle operators must afford bicycles the same space and right-of-way as they do cars and trucks. More than 20 states have passed a “three-foot rule,” which requires drivers to allow at least three feet of space between their vehicle and a bicycle on the road.
4. Alcohol; More than one-third of fatal bicycle crashes involved alcohol in the system of either the driver or cyclist. Intoxicated driving rose during the pandemic, increasing the chances drunk drivers either failed or were indifferent to cyclists, causing severe injuries or death.

What You Should Do After a Bicycle Accident?

If you are a cyclist involved in an accident, attend first and foremost to your health. Get checked out by a doctor immediately and actively participate in any treatments your doctor recommends. In addition, make sure to attend all follow-up appointments and keep any records you receive.

As soon as you can, create a detailed statement of your experience in the accident while the details are still fresh in your mind. This statement will form a useful reference for any legal counsel you may secure and claim you make. Moving forward, keep a journal detailing your recovery and how your injuries affect you every day.

Do You Need an Attorney?

Seeking counsel after an injury-causing crash is always a smart move if you have been the injured party. Injuries from bicycle accidents are often severe. You may need expensive medical treatment, may lose work, and experience significant income loss as a result of your injuries.

While you’re dealing with potential losses, the other party’s insurance company adjuster will focus on resolving your claim for as little money as possible. If you’ve been injured in a bicycle accident and have questions, call Turner & Turner for a free consultation at (248) 355-1727.

Before we get into discussions about the legality of brake checking, let’s define it: Brake checking is the act of hitting your brakes suddenly (when someone is driving too close to your bumper, also called tailgating).

Brake checking can involve slamming on your brakes at high speed, or it can be constantly tapping your brakes so the person behind you has to continually slow down or stop. Brake checking, per se, isn’t specifically illegal in Michigan; however, it is considered reckless driving, which is illegal.

Reckless driving is any kind of driving that involves wanton or willful disregard for the safety of other motorists sharing the road with you. Reckless driving can result in traffic citations and fines — even jail time — depending on the situation.

Other forms of reckless driving include speeding, driving too fast for conditions, ignoring traffic signals, driving under the influence, and drag racing. If reckless driving causes an accident, even stiffer penalties may apply, based on the unique aspects of the case.

Therefore, brake checking is actually illegal in Michigan and should be avoided at all costs. As well as fines and jail time, engaging in reckless driving can be considered a surcharge offense (similar to adding points to your driving record) that can result in a suspended license. The practical effect means you will be unable to drive for a certain period of time, making it hard to get to work, school, and other activities.

Why is Brake Checking Considered Reckless Driving?

Because it can force the person behind you to crash into your vehicle or veer into traffic to avoid hitting you. Other motorists or pedestrians could be injured or killed, and there could be widespread damage done to multiple vehicles or personal property.

Checking motorists with brakes has also been known to spark incidents of road rage. This also puts everyone in the vicinity in harm’s way.

Why Do People Brake Check?

So, what’s the motivation behind brake checking anyway? There are basically two reasons why drivers brake check other motorists. One is usually out of anger or frustration, and the second involves insurance fraud.

To be clear, there are times when any driver might need to apply their brakes suddenly, regardless of who is behind them. (For example: if a pet or child runs into the road, for instance. This is not considered brake checking.)

The reasons why people brake check provides clues as to how to avoid the phenomenon. If someone is driving too close to the rear end of your vehicle, the answer isn’t to keep pumping the brakes. Instead, use your directional signal, pull over at a safe place, and let the other party pass you.

If I Caused an Accident from Brake Checking Someone, Am I Liable?

If you’ve been hit from behind or caused another accident by brake checking someone, you may be wondering if you can be found at fault. The answer is yes, you can be liable, depending on the circumstances surrounding the accident. Not all rear-end crashes, for example, are the fault of the driver in the rear.

Despite Michigan being a no-fault state, accidents involving death or serious injuries often leads to one party being found liable. Examples of injuries that result in lawsuits include, but are not limited to:

• Broken bones
• Permanent scarring
• Disfigurement
• Disability

Normally, after an accident, each party’s own insurance covers their vehicle damage and any medical expenses. But accidents involving wrongful death or serious injury are another story.

This is why it’s essential to speak with an experienced car accident lawyer after a crash where brake checking may have occurred. This is a good time to review what to do if you’re in an accident, regardless of whether brake checking was the cause or not. Follow these steps to stay safe, protect your rights, and keep calm at the scene of a motor vehicle crash.

1. Do not leave the scene. Fleeing the scene of an accident is a crime. Always stay to speak to first responders and exchange details with other people involved, as outlined below.
2. See if anyone needs medical assistance. You or other parties may be injured. Scratches, bruising, swelling, and bleeding can be indicative of more serious injuries, as can loss of consciousness, confusion, difficulty breathing, signs of shock, and other serious symptoms.
3. Call for help. Dial 911 and report the crash, giving your name, phone number, location, and brief pertinent details. Let the 911 operator know if you need an ambulance for anyone who is injured.
4. Move out of busy traffic, if possible. Sometimes, you may not be able to move, or your vehicle isn’t drivable. But if you can, pull out of traffic to prevent further accidents, and park in a lot or side street.
5. Exchange information with other parties. You should all get each other’s names, contact information, and insurance data. Write down the make, model, and license plate number of any other vehicles in the crash.
6. Answer questions for law enforcement but do not admit liability. You may be asked what happened, so try to respond without saying too much. Never say you were at fault even if you believe you were, as there may be other factors you don’t know about.
7. Produce insurance documents, as requested. You may be asked for proof of auto insurance by law enforcement.
8. Document the scene of the accident. Take photos or video with a mobile device to show vehicles after the crash, weather, road conditions, and the like. It is your right to do this, even if police officers do so, too.
9. Seek medical treatment if needed. You may need to go to the emergency room or see your healthcare provider the next day. Be aware that you can have delayed pain or other symptoms days or even weeks after a car accident.
10. Follow up with your insurance company. You may need to file a claim. Do not admit liability with your insurance agent.

Call Turner & Turner at (248) 355-1727 if you need assistance. You may need help getting insurance compensation or seeking damages if another party was at fault.