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Proving Negligence in an E-Scooter Accident Case

Posted in E-Scooter Accidents

Electric scooters, also known as e-scooters, are now available in the thousands throughout New Mexico from rental companies such as Bird and Lime. Unfortunately, the increase in electric scooter availability has led to a subsequent rise in the number of e-scooter accidents. If you get injured in an e-scooter accident that is caused by someone else’s negligence, you could recover financial compensation from that person or party.

What Is Negligence?

Negligence in personal injury law means the failure to exercise the level of care or caution that a reasonably prudent person would in the same or similar circumstances. It is a fundamental legal doctrine in tort law, which deals with civil wrongs that cause harm to others. If an individual is negligent and this results in an e-scooter accident, the at-fault party can be held liable or financially responsible for the victim’s losses.

Four Elements of Negligence

Negligence contains four parts or elements that must be proven to have a successful e-scooter accident claim in New Mexico:

  1. Duty of care: the at-fault party (defendant) must owe a duty of care to the injured party (plaintiff), such as a driver’s duty to reasonably prevent motor vehicle accidents.
  1. Breach of duty: the defendant must have breached, violated or fallen short of the duty of care by failing to act in a reasonable manner.
  1. Causation: the defendant’s breach of duty must have directly caused the e-scooter accident or harm suffered by the plaintiff.
  1. Damages: the plaintiff must have suffered damages, or actual harm, as a result of the defendant’s negligent act or omission.

If the elements of negligence are established during an e-scooter accident case, the plaintiff may be entitled to financial compensation for injuries and losses.

Examples of Negligence in E-Scooter Accidents

Driver error is a common example of negligence involved in e-scooter accidents. Drivers can commit many acts of negligence behind the wheel that result in scooter-vehicle collisions. Examples include:


  • Distracted driving
  • Drowsy driving
  • Drunk driving
  • Speeding
  • Reckless driving
  • Road rage
  • Following an e-scooter too closely
  • Unsafe passing
  • Illegal turns or U-turns
  • Failing to yield the right-of-way

Other types of negligence include an e-scooter rider violating traffic laws or riding recklessly, a government agency failing to properly maintain public roads, and an e-scooter company releasing scooters with dangerous defects.

What Is the Burden of Proof in an E-Scooter Accident Case?

The four elements of negligence must be established as more likely to be true than not true to prove negligence in an e-scooter accident case. This burden of proof is known as a “preponderance of the evidence,” and it is given to all plaintiffs in personal injury claims. The evidence presented by the plaintiff must be enough to convince an insurance company or the courts that the defendant is at fault for the accident with at least a 51 percent certainty.

Evidence to Prove Negligence in an E-Scooter Accident Case

Proving negligence requires establishing the duty of care that the defendant owed to the plaintiff and demonstrating how the defendant breached this duty. The evidence used may include expert testimony, accident reconstruction, eyewitness statements, a police report, medical records, photographs and videos, and other documentation related to the crash.

An e-scooter accident attorney in Albuquerque can thoroughly investigate the crash to gather evidence that can be used to support your lawsuit. At The Fine Law Firm, our attorneys can revisit the scene of the accident, interview witnesses and hire highly qualified experts to strengthen your claim. Learn more about how we can help you prove negligence in an e-scooter accident case during a free case consultation with an attorney.