Brain Injuries
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Frequently Asked Questions

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  • What liability does the company that rented a ride-share scooter have when a rider injures a pedestrian?

    A company like Bird or Lime that rents e-scooters to app users will generally only be liable for injuries that result from crashes caused by a scooter design defect. At the same time, e-scooter riders rarely have coverage for personal injuries or wrongful death under their own auto insurance policies.

    Working with a personal injury attorney who understands how to access uninsured motorist coverage is likely the best option for getting medical bills and other expenses covered following a crash involving an e-scooter.

    EJL

  • An e-scooter rider hit and injured me. Can I file an insurance claim against the scooter rider?

    Victims of crashes caused by e-scooter riders will have their best chance of securing injury settlements by filing uninsured motorist claims with their own auto insurance policies. E-scooter riders rarely have coverage under their insurance policies, and liability waivers that all e-scooter ride share users must accept protect companies like Bird and Lime from personal injury or wrongful death claims.

    You can learn more about uninsured motorist claims in Virginia and uninsured motorist claims in North Carolina by clicking on the links in this sentence.

    EJL

  • I suffered serious injuries while riding a shared e-scooter. Can I sue the scooter company?

    Companies like Bird and Lyme require riders to agree to a liability waiver before renting one of their e-scooters. This protects the companies from nearly all insurance claims and civil lawsuits based on personal injuries or deaths from falls and crashes.

    However, a rider who can show that he or she would not have crashed except for the fact that the e-scooter he or she rented had a design defect will have grounds for holding the scooter company accountable.

    In other circumstances, an e-scooter rider who suffers injuries in a crash caused by a negligent or reckless driver will have the legal right to file auto insurance claims against the at-fault driver.

    EJL

  • What evidence can I provide of a traumatic brain injury?

    The CT scan and MRI imaging may be normal, and perhaps your Glasgow Coma Score was a 15 after the accident, which indicates normal brain function. These facts could discourage some attorneys from filing a claim. But often times, testimony from a spouse, friends and other family can be used to provide strong evidence of a brain injury. 

  • What aspects of my life can the insurance company examine if I file a TBI claim?

    The insurance company will probably do a review of your educational history, employment, medical records and personal life. They may attempt to blame your brain injury on a medical problem or other condition not related to the accident. They also may search your social media profiles for proof that you are not seriously injured. 

  • If I have a traumatic brain injury and file suit, what will the other insurance company do?

    The insurance company may be skeptical. Even if you have a concussion, you could have a normal CT scan and MRI imaging. A good TBI attorney may need to push your case aggressively to get results.