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California Bird Scooter Accident Lawyers
With its distinctive branding, you can’t miss Bird scooters on our roadways around California. And as dockless scooters become increasingly popular, we’re seeing more of them than ever before.
The difficulty is that, however convenient scooters might be, they can still cause harm. And if you’re injured by a Bird scooter, or you’re injured while using the product, you might have a damages claim.
To discuss your legal rights, call The May Firm. Our Bird scooter accident lawyers offer free case evaluations and, if you have case, we’ll help you move forward. Discover what your case is worth and what rights you have. Contact the award-winning scooter accident attorneys at The May Firm now.
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Can I Sue Bird for Personal Injuries?
The short answer is yes, but you have challenges ahead – which is why you need the May Firm.
Like many other scooter-sharing companies, Bird has drafted a user agreement that all riders must agree to abide by to rent a scooter. This user agreement includes a binding arbitration agreement, meaning that you can’t sue Bird if a dispute arises.
If you are riding a Bird scooter and end up being injured, you are required to resolve this problem through binding arbitration. This means that you and a representative from Bird would meet with a third-party arbitrator who would hear each side’s argument and make a decision. This decision is binding.
The main issues with binding arbitration are that decisions made by the arbitrator cannot be appealed and everything takes place behind closed doors. If you are interested in maintaining your privacy, then the fact that what is said during arbitration is not a matter of public record won’t hurt you. If, however, you have been injured and want the public to be aware of this injury, arbitration will prevent that.
Bird’s binding arbitration clause has a rather unusual provision that can be beneficial to its riders. Unlike other scooter-sharing companies, Bird allows all of its riders to opt out of the binding arbitration clause. If you don’t want to be required to handle any disputes against Bird in arbitration, you can send a written letter to an address specified in the agreement to opt out.
However, you only have a certain amount of time to do so. You have 30 days from your first use of Bird services (your first ride) to write to Bird and opt out of the binding arbitration clause. Once those 30 days have passed, you no longer have the option to opt out of the binding arbitration clause. This means that long-time users of Bird are bound by this clause and have no option to opt out.
If you opt out of the binding arbitration clause, you can sue Bird for a dispute that may arise from your use of its scooters. That said, it would be wise to consult with an attorney about the benefits and downsides of opting out of an arbitration agreement. If you have any questions about Bird’s binding arbitration clause and how it (or its opt-out option) may affect you, contact The May Firm today!
Are you bound by the arbitration clause but have a claim against Bird? Don’t panic. Call our Los Angeles scooter injury lawyers to discuss your options.
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Injured Riders
Riders of Bird scooters don’t have many options for legal recourse against Bird unless they opt out of the binding arbitration clause within the first 30 days of using the app. Fortunately, pedestrians have many more options if they find themselves injured by a Bird scooter.
Pedestrians haven’t agreed to accept the terms of Bird’s user agreements and haven’t waived their right to a lawsuit against the company. If you are a pedestrian injured by Bird, you have the option to file a lawsuit. And our Bird scooter accident attorneys are on hand to assist.
Pedestrians can also file claims against Bird riders who ride recklessly or carelessly discard their scooters if their actions result in an injury. Riders are responsible for the injuries that they cause while using a Bird scooter and may also be held responsible if they leave a scooter in a poorly chosen location and someone gets hurt.
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Carelessly Discarded Scooters
Like its competitors, Bird has been in hot water with city officials after riders have left its scooters in random locations. Because Bird scooters are dockless, they can be left just about anywhere, including sidewalks and private property.
The problem is that riders abandoning Bird scooters wherever they please creates safety concerns for pedestrians and motorists alike, depending on where the scooters are left. If these scooters are left on private property, property owners are stuck either relocating the scooters themselves or waiting until someone (usually a new rider) comes and gets them.
Although dockless scooters are designed to be convenient, they have become a nuisance and a safety risk in the cities they operate in. Bird has been subject to much criticism in recent months due to riders’ ability to leave their scooters wherever they please without repercussions.
Claims Against Other Riders
If you are riding a Bird scooter and end up being hurt by someone else who is also riding a Bird scooter, you may have a claim against them. Using a rented scooter rather than their own does not remove the responsibility from their shoulders.
If another Bird rider acts irresponsibly and you end up injured as a result, you may be entitled to compensation. Contact The May Firm to discuss your recovery options.
Claims Against Motor Vehicle Operators
Were you injured while riding a Bird scooter? You may have a claim for injuries including physical harm and pain and suffering.
Who you can sue will vary depending on the facts of your case. But you are not precluded from seeking damages just because you were on a Bird scooter. Our electrical scooter accident lawyers will help you claim the compensation you deserve.
Bird Problems
Because Bird has included a binding arbitration clause in its user agreement, it is not likely that you will hear much in the news about riders suing the company for injuries that they sustained while riding a Bird scooter. However, because there is the option to opt out of this provision of the user agreement, these types of claims are not entirely impossible.
Regardless of the method used to resolve disputes, Bird has not made a splash in the news due to disputes with its riders.
Bird has attracted some negative attention from the public for reasons unrelated to lawsuits. To date, cities have not always been particularly warm and welcoming to scooter-share companies.
From operating without permits to sponsoring anti-helmet legislation, Bird is no stranger to media controversy.
Pedestrians Injured by Discarded Bird Scooters
Liability doesn’t always end when a scooter is locked and left for the next rider to pick up. Riders are expected to leave their Bird scooters in a safe, legal location when they are done using it. Typically, a bike rack is such a location.
Unfortunately, many riders often leave their scooters in the middle of the sidewalk, on the side of the road, and even on private property. When scooters are left in random, potentially dangerous locations, injuries can be inevitable.
Have you ever tripped over something that you didn’t expect to be in the way? Unfortunately, this has come to happen quite a bit with Bird scooters. Riders just leave scooters in the middle of a sidewalk, and unsuspecting pedestrians walk around the corner and trip on them. Some may walk away without injury, while others may end up with a broken wrist or ankle.
Bird riders who leave their scooters in inappropriate locations at the end of their ride may be held liable for any injuries that someone else sustains as a result. This is similar to how other trip and fall personal injury claims work. However, scooter crashes have their own complexities.
If you were hurt by a poorly placed Bird scooter, contact The May Firm today! As a Bird scooter accident law firm, we can help you claim the damages you deserve.
Pedestrians Injured by Bird Scooter Riders
People can be careless. How often do you see someone riding a bike or a scooter where they shouldn’t, like on the sidewalk? If a rider isn’t obeying traffic laws, they run the risk of hurting someone. Bird encourages all of its riders to follow the rules of the road and to only ride scooters in designated areas, such as bike paths.
Unfortunately, riders don’t always listen to the company’s warnings. If a rider operates a Bird scooter inappropriately and hurts you as a result, you may have a claim against them.
Pedestrian personal injury claims can be complex. Our Los Angeles scooter injury lawyers can explain your legal rights and help you file a lawsuit.
Helmet Legislation
Although little-known to the general public, Bird was a sponsor of Assembly Bill 2989, legislation intended to eliminate helmet requirements for scooter riders over the age of 18 across the state of California.
Approved by Governor Brown in September 2018 and effective in January 2019, AB-2989 eliminates state requirements for all electric scooter riders over the age of 18 to wear helmets. Does that sound very safety oriented?
As electric scooter accident lawyers, we don’t think so!
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Required Permits
Scooter companies require permits to operate across the US. Bird, however, is known for failing to meet its obligations.
Bird has struck a nerve with cities all over the country by setting up shop without permits — sometimes without even contacting the host city at all! The city of St. Louis required Bird to pull its scooters from city streets after only a week of operating without permits after Milwaukee informed the company that it could not lawfully operate on its sidewalks or roadways the month before.
Milwaukee actually went so far as to sue Bird in federal court to compel the company to remove its scooters from the city.
In California, Bird has faced criminal sanctions for refusing to obtain operating permits. In December of 2017, the city of Santa Monica filed a nine-count misdemeanor criminal complaint against Bird for operating its scooters without city approval, ignoring citations requiring the company to obtain proper operating permits, and refusing to remove its scooters from city streets.
In February 2018, Bird pleaded no contest to those charges and agreed to pay more than $300,000 in fines in addition to securing proper operating permits.
What does all of this tell us? If you’re injured by a Bird scooter, you shouldn’t handle the matter alone. Bird has a complex history and you need reliable legal advice to make a successful claim against them.
As a scooter accident law firm, we’re familiar with how Bird operates. And we will use our knowledge to your advantage in any claim against them.
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At The May Firm, our Bird scooter accident lawyers know one thing for certain.
Every company should be held responsible if their products cause injury, pain and suffering, or death.
We also know that seeking justice can seem an overwhelming task. That’s why we’re here to help.
At The May Firm, our scooter accident lawyers will treat you like family the moment you walk through the door. We will review your case entirely for free. If you have an accident claim, we’ll handle the matter for you so you can focus on recovery. Our attorneys will do the hard legal work while you move on with your life after the accident.
And we don’t charge anything unless we win your case. There’s nothing to lose by contacting us!
Whether you’re bound by an arbitration clause or filing a lawsuit, we’ll explain how best to proceed. So, whether you need a Carlsbad scooter accident lawyer or even a wrongful death attorney, contact The May Firm. Don’t suffer alone. Call us or complete our contact form now.
Disclaimer: Information on this page is designed for general information purposes only and should not be interpreted as being legal advice or a legal opinion on specific facts or circumstances.
You should always consult with an attorney before making a decision about your case. Pages are updated periodically, but information provided on this page may not be up to date as circumstances may change over time.
Please see our LEGAL DISCLAIMERS page for additional legal disclaimers.
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