Can I Sue If I Was Hit By a Car While Riding a Scooter in South Bend?

Scooters have designated areas where they can ride, and sometimes they may share the road with cars, trucks, and motorcycles. Crashes involving scooters frequently result in serious injuries due to their smaller size compared to cars.

If you are involved in a scooter accident, you need to speak with a trusted South Bend car accident attorney that can help you understand the legal process. During a free consultation, you will be able to learn more about the legal steps based on your specific scenario.

At Pfeifer, Morgan & Stesiak, we help several South Bend accident victims navigate the complex legal process after scooter crashes. Our experienced attorneys can support you so you understand your rights.

Schedule a free consultation today: (574) 444-0741.

Who May Be Liable for a Scooter vs Car Accident in Indiana?

An investigation of every parties’ action will be needed to determine liability. In some cases, multiple parties may share responsibility for your injuries. Indiana’s comparative fault laws allow you to recover compensation even if you bear some responsibility for the accident.

Below are the parties that may be liable, depending on the specific circumstances.

Motor Vehicle Drivers

Car, truck, and motorcycles drivers often cause scooter accidents by driving carelessly. Indiana law requires drivers to keep a safe distance and treat scooters like any other vehicle.

If they do any of the following actions, they could be liable for an accident.

• Not yielding
• Tailgating
• Speeding
• Using phones while driving
• Failing to check blind spots

Scooter Riders

Scooter riders can also become liable when their actions contribute to accidents. However, they may still be eligible to seek compensation if they are less than 51 percent at fault for the accident.

When scooter riders do any of these actions, they may share fault.

• Running red lights
• Riding against traffic
• Failing to signal turns
• Operating scooters while intoxicated

Scooter Manufacturers

Defective scooters or car parts can cause accidents that result in serious injuries. Mechanical problems may make manufacturers liable for resulting crashes. Product liability claims allow victims to pursue compensation from companies that produced or distributed faulty equipment.

If someone is riding in a malfunction scooter, any of the following can happen, which could make manufacturers liable.

• Brake Failure: If the brakes are not working, then a scooter rider could head in the direction of ongoing traffic without having the ability to stop.
• Steering Malfunctions: If a scooter’s steering malfunctions it could lead to riders not having enough time to move out of the way to avoid getting hit by a car.
• Tire Defects: If a tire blows out then riders are vulnerable to being rear-ended while on the road.
• Electrical System Failures: Battery or wiring malfunctions can cause sudden power loss, making riders stop abruptly or lose control, increasing collision risk.

Government Entities

Government entities such as municipal governments and state agencies responsible for road maintenance may face liability when unsafe conditions cause crashes. In some incidents, government entities may be liable if an accident happened due to:

• Inadequate signage
• Missing traffic signals
• Poorly maintained roads
• Dangerous intersections

Employers

If a delivery driver or rideshare driver causes an accident while working, their employer might also be responsible. If a company vehicle hits someone on a scooter, both the driver and the company could be held accountable.

What Are Some of the Injuries Caused by Scooter vs Car Accidents?

Scooter accidents often result in more devastating injuries due to the significant size and weight differences of a car. Scooter riders do not have the protective barriers that cars provide, leaving them vulnerable to direct impact with vehicles, pavement, and roadside objects,

Various factors can play a role in the type of injuries that scooter victims may sustain, and some of these injuries may include:

• Head and Brain Injuries: These injuries often require immediate emergency surgery, extended hospital stays and long-term rehabilitation. Brain injuries can cause permanent cognitive impairment and memory loss.
• Spinal Cord Damage: The force of car impacts frequently causes spinal cord injuries that result in partial or complete paralysis. Compression fractures and herniated discs could leave victims permanently disabled.
• Broken Bones and Fractures: Complex fractures may require surgical insertion of metal plates, rods, or screws to properly heal. Some fractures may not heal, leaving victims with permanent pain and limited mobility.
• Road Rash and Soft Tissue Injuries: These injuries range from minor scrapes to deep wounds that expose muscle and bone. Severe road rash often requires skin grafts and plastic surgery to restore function and appearance.
• Internal Organ Damage: The liver, spleen kidneys, and lungs are vulnerable to damage during high-speed collisions. Internal injuries often require emergency surgery and intensive care treatment.
• Psychological Trauma: The emotional impact of a serious accident can affect work performance, relationships, and quality of life for years after the crash. Mental health treatment or counseling may be necessary for recovery.

How Much Compensation Can I Recover For a Scooter Accident in South Bend?

The compensation you recover after a South Bend scooter accident depends on the severity of your injuries, the impact on your life, and the degree of fault assigned to each party involved. Indiana laws allow victims to pursue economic and non-economic damages when another party’s negligence cause their injuries.

After a claim is settled, victims may receive various amounts of compensation, depending on the circumstances of their case.

• Medical Expenses: This includes emergency room visits, your physician visits, current and ongoing medical treatment.
• Pain and Suffering: If your emotional well-being has been affected due to injuries and pain, you may be eligible for claims that can compensate for your difficult recovery period.
• Property Damage: A claim can cover the damage of your scooter, if you need repairs or a new scooter.
• Lost Income and Earning Capacity: This type of compensation covers if your injuries resulted in you not being able to work or having to change your line of work due to severe injuries.

How Long Do I Have to File a Claim for My Scooter vs Car Accident in Indiana?

You have two years from the date of your accident to file a personal injury lawsuit in Indiana.

If a government entity was involved in your accident, you must file a claim within 270 days. Claims against a city or county need to be filed within 180 days.

Do not wait too long to file your claim. Reach out to an attorney to see if you may have a case. If you wait too long to seek legal help, you may not give your attorney enough time to investigate and gather key evidence needed for your claim.

How Helmet Laws Impact Your Scooter Accident Claim in Indiana

Indiana requires eye protection and a safety helmet when individuals under the age of 18 are operating a scooter. Individuals over the age of 18 are not mandated to wear helmets. Insurance companies may argue that by not wearing a helmet, you were negligent and contributed to your injuries, even if you were not breaking the law.

What Indiana Comparative Negligence Laws Mean for Your Scooter Accident Claim

Indiana uses a “51 percent bar rule” in its comparative negligence system. If you are found to be more than 50 percent at fault for the accident, you cannot recover any damages. However, you can recover if your fault does not exceed 50 percent.

Your damage will be reduced by your percentage of fault. For example, if you are 20 percent at fault and your settlement is $100,000, you will receive $80,000.

Scooter accident victims that may be seeking a claim against a government entity have a different standard. Claims against government entities use pure contributory negligence. Any fault on your part even one percent bars recovery completely.

Evidence Our Attorneys Gather for Your South Bend Scooter Accident Case

If we move forward with your case, our attorneys can build a compelling case by gathering detailed evidence. Some of the evidence that we may collect for your case may include:

Scene Documentation

Our attorneys capture details of the scene, your injuries, and any scooter or vehicle damage using photographs and videos, including date and time stamps. We document the scene by taking photographs of your injuries, the surrounding area, and any contributing factors.

Official Reports & Records

We gather evidence including police reports and medical records as part of our thorough investigation. We file a police report to create an official record of the incident which serves as valuable evidence in your case.

Witness Evidence

Our team collects witness statements from individuals who saw the accident occur. Statements from witnesses can determine how the accident happened. For example, a witness may have witnessed a car failing to yield the right-of-way and causing an accident.

Medical Documentation

We gather detailed medical records showing the nature and extent of your injuries. This includes documents from:

• Treatment plans
• Diagnostic reports
• Emergency room records
• Ongoing medical expenses

Expert Analysis

Our attorneys work with experts to strengthen your case, including accident reconstruction specialists who can analyze the collision mechanics and determine fault.

Injured in a Scooter vs. MVA Accident? Call Pfeifer, Morgan & Stesiak Today

The aftermath of a scooter accident can cause you to feel overwhelmed. You do not have to face legal challenges alone.

Our firm is ready to help you pursue the maximum compensation you deserve. We have the knowledge and experience to guide you throughout the legal process. You can call our office or fill out our online contact form to discuss your possible case with one of our attorneys.

Experience Lawyers. Proven Results. Call (574) 444-0741 today.