Close X

San Jose Scooter Accident Attorney

Contact Here.

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents scooter accident victims throughout San Jose and Santa Clara County. Shared electric scooters operate throughout downtown San Jose, near Diridon Station, San Jose State University, Santana Row, and the surrounding streets. Riders are exposed in ways that drivers are not — no doors, no seatbelts, and minimal crash protection — and the injuries when a scooter rider is struck by a vehicle or brought down by a road hazard are often significantly more serious than the initial circumstances suggest.

California Law on Electric Scooters

Under Vehicle Code § 407.5, a motorized scooter is defined as a two-wheeled device with handlebars and a floorboard. Vehicle Code § 21235 sets out operating rules for motorized scooters, including the requirement that riders wear a helmet if under 18, that scooters not be operated on a highway with a speed limit exceeding 25 mph unless in a class IV bikeway, and that riders not carry passengers. Shared scooter operators are subject to local permitting requirements — the City of San Jose regulates scooter operations within city limits.

Liability When a Driver Strikes a Scooter Rider

A driver who strikes a scooter rider is subject to the same duty of ordinary care as in any vehicle collision under Civil Code § 1714(a). Vehicle Code violations — failure to yield at an intersection, unsafe lane changes, distracted driving — may establish negligence per se under CACI No. 418. The Three Feet for Safety Act, Vehicle Code § 21760, requires drivers to pass scooters with at least three feet of clearance when overtaking.

Liability of Scooter Companies

Shared scooter operators — including Bird, Lime, and others operating in San Jose — may bear liability when a scooter's mechanical condition contributed to an accident. A scooter with defective brakes, a damaged deck, or faulty electronics that malfunctions and causes a rider to fall may give rise to a product liability claim under the strict liability doctrine of Greenman v. Yuba Power Products (1963) 59 Cal.2d 57, or a negligent maintenance claim under Civil Code § 1714(a). Waivers in scooter rental agreements are a defense operators will raise. Under Civil Code § 1668 and Tunkl v. Regents of the University of California (1963) 60 Cal.2d 92, waivers that purport to release liability for gross negligence or willful misconduct are void as against public policy. Whether a waiver is enforceable against a particular claim is a fact-specific legal question.

Road Hazard Claims

Scooter riders are particularly vulnerable to road hazards — potholes, uneven pavement, raised manhole covers, and debris. Where a dangerous road condition caused by a public entity caused the crash, a claim under Government Code § 835 may be available. Government Code § 911.2 requires a claim to be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the timeline.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Scooter accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

Attorney Michael Rehm handles scooter accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

LawLytics