E-scooter, or electric scooter, accidents are becoming more common in New Mexico due to rentable e-scooters being made available to the general public. If you get involved in an e-scooter accident, it is important to gather as much evidence as you can before you file an insurance claim. As the filing party, you bear the burden of proof – meaning you or your Albuquerque e-scooter accident lawyer must prove negligence.
What Is Negligence?
Negligence is when someone fails to use a proper amount of care based on the circumstances. If an individual commits an act or omission that a reasonably prudent person would not have in the same or similar circumstances, the individual has been negligent.
Proving negligence in an e-scooter accident case takes evidence of four key elements:
- Duty of care
- Breach of the duty of care
- Causation
- Damages
These elements mean that the accused party had a responsibility to act with reasonable care, but fell short of this responsibility and caused the e-scooter accident, along with related damages or losses suffered by the victim.
Types of Evidence to Support an E-Scooter Accident Claim
When you file an e-scooter accident claim, you become the plaintiff. In this role, it is your responsibility to prove that what you are claiming is more likely to be true than not true, otherwise known as a “preponderance of the evidence.” To meet the burden of proof, you must provide clear and convincing evidence that someone else is at fault for your e-scooter accident.
Common types of evidence include:
- The scooter: the scooter involved could be a critical piece of evidence if it contained a defect or problem that contributed to the crash. Immediately after the accident, take photos of the scooter and write down its serial number, if available.
- Company maintenance records: rental e-scooter companies often preserve maintenance logs and records regarding their equipment and its usage. A lawyer can help you access these documents to search for evidence of lax maintenance or malfunctions that may have contributed to your accident.
- Witness statements: signed statements from witnesses (individuals who saw the accident) can help establish how the e-scooter accident occurred, such as testimony regarding a motor vehicle driver who failed to yield the right-of-way to you.
- User agreements and warranties: other documents an attorney can help you obtain from an e-scooter company are user agreements and manufacturing information. This evidence could be used to help you establish a defective product claim.
In addition to the types of evidence specific to e-scooter accidents, it can help your claim to gather more general evidence, such as photographs of the scene, dashcam footage, a police report (if the crash involved a motor vehicle) and your medical records. The more information and documentation you can collect, the stronger your e-scooter accident claim will become.
Contact an E-Scooter Attorney in Albuquerque for Help With Evidence Collection
E-scooter accidents can be complex; no two are exactly alike. The best thing you can do to protect your legal rights is to hire an attorney as soon as possible to represent you. A lawyer can help you with the evidence collection and establishing proof of fault during your e-scooter accident case. Contact The Fine Law Firm to schedule a free consultation to learn more.