Author: Chris Movafaugh

If you live in Southern California and haven’t been involved in a car accident, count yourself lucky. California has more than 31 million registered vehicles on the road–more than any other state–and the average license holder drives more than 12,500 miles every year. With so many cars, trucks, and motorcycles in motion every day, it may come as no surprise that traffic accidents causing injury and death are on the rise throughout California and the country. According to the National Highway Traffic Safety Administration (NHTSA), in 2024, California saw 5,059 motor vehicle deaths, an increase from 2023. Nationwide, traffic fatalities are up 25% over the past decade. 

Every year, thousands of Southern California drivers, passengers, motorcyclists, and pedestrians are hurt and killed in roadway accidents, and chances are good that you or someone in your family will be involved in a vehicle accident at some point. If it’s the other party’s fault, you may be contacted by their insurance company and offered a settlement, and you may be tempted to take it. But before you accept any offer, it’s important you understand the ramifications of taking the money and signing the accompanying release.

The best course of action after any accident is to discuss your situation with an experienced California car accident attorney right away, even if your injuries seem minor. At Mova Law Group – Personal Injury Lawyers, we have represented countless injury victims and families and negotiated fair settlements for them, even when the insurance companies don’t want to pay a dime. We’ve also seen firsthand what happens when an accident victim takes an offer too soon without understanding their rights. 

Why Do California Insurance Companies Offer Low Settlements After an Auto Accident?

Insurance companies want to pay as little as possible on accident claims, so they’ll sometimes take action quickly to avoid a potentially costly lawsuit. They know if you’re in pain, have medical bills, and have missed work, you may be grateful to get a few thousand dollars right away. After all, the money will not only offset your financial losses but it’s also an acknowledgement the accident wasn’t your fault, so it may feel like emotional relief on top of financial relief.

You might be in pain and worried about money, but never accept the initial offer! Insurance companies are notorious for lowballing at first, hoping you’ll jump at it for quick relief during a stressful time. But the first offer you get from an insurance company is just an opening offer, and while they hope you’ll take it, they actually expect you to make a counteroffer. This isn’t something you should do on your own, however. It’s far better to let a skilled personal injury lawyer handle these negotiations for you. While it’s true your attorney will take a fee for negotiating the settlement, most injury victims receive far more–even after legal fees are paid–than they do when they try to negotiate on their own.

What Is a Personal Injury Release Form?

When you agree to a settlement with a California insurance company, you will have to sign a personal injury release form, sometimes referred to as a release of liability or a liability waiver. When you sign this form, you “release” the other party and their insurer from any future liability which means you can never file another claim or lawsuit against them for additional compensation related to your injury. This is why the insurance company often makes an offer fairly soon after an accident–they want you to release them from the obligation to pay you anything else in the future, even if your injuries worsen.

Some of the injuries that are common with vehicle accidents–for example, back injuries and head injuries–can have relatively minor symptoms at first and then be slow to heal or can even worsen over time. What starts as a few days off from work can turn into months or years of pain that keeps you from holding down a job. A surgery that seems like the solution can fail, and you may find yourself dealing with months or years of physical therapy, medical procedures, medication, and doctor visits. We never know how well our bodies will respond to treatment after an injury, and unfortunately, sometimes the road back to healing is long, and in some cases, full health is never restored.

Because the future is uncertain when it comes to recovering from an injury, it’s important not to give up your right to pursue all the compensation you deserve and may need in the weeks, months, and years that follow an accident. Never sign a personal injury release form without first consulting with a knowledgeable car accident attorney.

Injuries That Seem Minor Can Grow in Severity and Expense

We’ve seen many clients who were involved in car accidents experience very mild symptoms at first. They think they’re okay and they decline medical care the day of the incident. But when you’re involved in an accident of any kind, your body goes into shock and works overtime to help you to cope with the immediate stress. The surge of adrenaline you experience can mask the seriousness of injuries. It’s not at all uncommon for pain and injury symptoms to be minor or non-existent until a day or two after the incident, and sometimes they don’t show up until even later than that. 

Even if you think you are walking away from an accident unscathed, you should seek medical care immediately, if for no other reason than to start a record of treatment in case you need it later. Consider the experience of one of our recent clients, “Shelly.” 

The day Shelly was involved in an auto accident, she didn’t think she was hurt–in fact, she didn’t go to the hospital or doctor that day. But two days later, she had numbness and tingling in her hands and feet and she went to the doctor. Soon thereafter, she began suffering from severe neck pain and shooting pain down her arms. For the next year she received conservative care including physical therapy, chiropractic care, and epidural steroid injections, but nothing relieved the pain. After three cervical spine fusions failed, Shelly opted to receive a spinal cord stimulator which finally relieved her of the continuous pain, numbness, and tingling she had felt in her arms since shortly after the accident.

Ultimately, our team negotiated with the insurance company who finally paid Shelly $3.6 million for injuries she didn’t even know she had until days after the accident and a year of medical care.

The Right Personal Injury Attorney Can Help You Get a Fair Settlement After an Accident

The team at Mova Law Group – Personal Injury Lawyers has worked with countless clients like Shelly who faced long recoveries and we were with them every step of the way. In many cases, clients were disheartened to face multiple medical complications after an accident, sometimes for years. They worried as medical bills piled up and their return date to work was pushed further and further out. They suffered both physically and financially, and for longer than they had originally anticipated. And in these situations, they were grateful they hadn’t taken the initial offers from the insurance companies, as those settlement amounts came nowhere close to covering their losses.

Following are more real stories about real clients who were involved in roadway accidents and suffered injuries that took longer to heal than expected. These stories serve as important cautionary tales for those who are tempted to take the first settlement offer presented by an insurance company after a car accident.

Rear End Collision and Pre-Existing Condition

Initial Offer $5,000

Final Settlement Offer: $1,750,000

Our client was driving his car when he was rear ended by another vehicle. The impact exacerbated his pre-existing lower back injury and gave him a concussion (mild traumatic brain injury). Unfortunately, his injuries were so severe that he was forced to retire from his career in law enforcement. When there is a pre-existing condition, insurance companies often try to use that as a way to avoid liability, and in this case, they offered our client $5,000, but we knew he deserved much more. We fought for three years and were finally able to secure a substantial and fair settlement of $1.75 million.

Pedestrian Hit by Vehicle in San Diego

Initial Offer: $50,000

Final Settlement: $1,500,000

Our client was walking in downtown San Diego when she was hit by a company vehicle driven by the owner. She was diagnosed with a concussion and released from the hospital within 5 hours. However, over the next 3 years, our client continued to have neck and back pain, and she finally had her own health insurance doctor perform lumbar spine fusion. The insurance company’s initial offer was less than $50,000 but we knew this was inadequate compensation for our client’s losses and we made it clear we were willing to fight them in court. A few weeks before the trial, the insurance company made a fair offer of 30 times their initial offer, ultimately settling for $1.5 million.

Pre-Existing Condition and Disputed Liability Car Crash

Initial Offer: $0

Final Settlement: $1,250,000

Our client was involved in an accident where her car sustained about $5,000 in damage but was not a total loss. Prior to the accident, she had had a lumbar fusion, and after the accident, she experienced pain. She tried everything she could to get better but nothing worked, so she finally went back to her original surgeon who performed a lumbar revision surgery. We were willing to fight for her in court, but we didn’t need to because the insurance company handed over the maximum amount of their policy in pre-litigation for a total of $1.25 million.

San Diego Motorcyclist Hit by Rideshare Car and Tried Negotiating a Settlement on His Own

Initial Offer: $15,000

Final Settlement: $1,100,000

Our client was riding a motorcycle when he collided with a rideshare vehicle. He suffered a unique elbow injury and cervical spine injury. He tried for one-and-a-half years to negotiate with the rideshare company on his own without legal representation, but the company wouldn’t budge past an offer of $15,000. He finally reached out to our firm for help. Over the next year, we helped him obtain appropriate medical care through our network of doctors and we negotiated fiercely with the rideshare company’s insurer. In the end, our team secured the full value of the policy limit plus an extra $100,000 from another party for a total settlement of $1.1 million.

Bicycle Rider Hit by Company Truck in Monterey County

Initial Offer: $0

Final Settlement: $650,000

Our client was riding a bicycle in northern California when he was struck by a truck owned by a publicly traded company. The police report stated our client was 100% at fault for the accident and the company stated they would never give our client a single penny for the brain injury he suffered. This case was litigated for more than 3 years and was a battle, but we knew our client was not in the wrong and that he deserved compensation. We hired an accident reconstruction expert who provided testimony that the truck was at fault. We also allowed their doctors to conduct very limited mental exams of our client (under our strict supervision). Finally, the company did the right thing and paid our client $650,000.

When Should You Accept an Insurance Settlement?

You know you shouldn’t take the first offer, so when can you agree to a settlement from the insurance company? There are several factors that will weigh into your decision, and your trusted personal injury lawyer will give you valuable advice about your specific situation. But here are a few important points to consider before accepting a settlement and signing the release form:

Are you done with medical treatment?

You should be completely healed from your injuries or you should have reached maximum medical improvement (MMI). If you accept an offer before you reach this point, you run the risk of not receiving enough money to pay for future medical treatments and losses that may occur down the road. Remember, if you sign the release form and you have medical complications later, you have no recourse for getting additional compensation.

Have you calculated all your current and future damages?

You should have a clear understanding of all the damages you have suffered and may suffer in the future related to your injury. Beyond medical bills, you should consider other losses such as lost wages, reduced earning potential, property damage, pain and suffering, decreased quality of life, and emotional and mental distress. You may also be entitled to punitive damages if the actions of the other party were particularly egregious or reckless.

Do you understand the available insurance coverage?

You should be aware of the insurance coverage that is available to compensate you. There may be more than one party sharing liability (for example, a driver and the company they work for) and each policy will have a different limit and each company will have to be negotiated with separately.

Have you weighed the risks of going to trial?

If you can’t negotiate a settlement that you are sure will cover your damages, you may consider going to a jury trial, but you need to understand the risks of doing so. If you go to court, there are no guarantees–you may be awarded more than the insurance company is willing to offer, but you may win less, or even walk away with nothing. Trials take time, and you’ll have to consider that as well. It’s very important you have a personal injury lawyer you can trust and who understands your needs and circumstances so you can make the best decision together.

Choose the Right Southern California Car Accident Lawyer for Peace of Mind

Insurance companies are good at what they do, and we don’t recommend you engage in settlement negotiations with them on your own. The team at Mova Law Group – Personal Injury Lawyers knows all their tricks, and we will fight to secure a settlement that covers all your losses. Your job is to focus on healing and getting better; our job is to get you the compensation you need and deserve. Call us today to discuss your accident and injuries–consultations are always free and confidential.

The frequency of dog bites is on the rise in San Diego and across the nation. Dog ownership has steadily increased for decades, and with the onset of the pandemic, more people started working from home, resulting in a surge in the number of households with canine companions. With more dogs in your neighborhood than ever before, your chances of being bitten or otherwise injured because of a dog are higher than ever.

Injuries from dog bites and other canine encounters can result in major expenses. But before you let the dog owner or their insurance company simply write you a check to cover your doctor or emergency room visit, think twice. Further complications from your injury may arise down the road along with additional medical bills, lost wages, and more. Your best option is to talk to an experienced dog bite lawyer like those at Mova Law Group – Personal Injury Attorneys. We know what to watch out for and how to negotiate the best deal to ensure all your damages are covered.

Dog Bite Injury Statistics for San Diego and Beyond

Every year, 4.7 million dog bite injuries are reported across the United States, and likely many more go unreported. Not all injuries from dog bites are serious, but many are, and this can be especially true for children who make up more than 50% of dog bite victims. Nearly 1 in 5 dog bites becomes infected, requiring additional medical care beyond the initial visit with a doctor. According to the Centers for Disease Control, deadly canine attacks have doubled over the past decade. Disfigurement is also a risk; in 2018 alone, 27,000 people required reconstructive surgery because of dog bites.

Emergency rooms in California serve 60,000 patients every year due to injuries caused by encounters with dogs and 87% of those are dog bites. In San Diego county, where there are an estimated 500,000 dogs, about 2,500 dog bites are reported annually to the California Department of Public Health, but given that not all cities meet reporting requirements, the true number of bites is certainly much higher.

How Much Money Could I Get for My Dog Bite Injury?

The cost to dog owners and their insurers has been steadily climbing. In 2010, the cost of a dog bite related hospital stay exceeded $18,000 on average, fully 50% higher than the average cost for other injury related stays. According to the Insurance Information Institute, the average payout on claims for dog-related incidents rose 82.5% from 2014 to 2023. This increase is the result of rising medical costs as well as larger settlements, awards, and judgments given to plaintiffs in dog-related injury cases, resulting in a staggering $1.12 billion in payouts by homeowners insurers for these claims in 2023.

The monetary losses for dog attack victims is massive, with a reported $2 billion in monetary losses annually. If you or a loved one has been the victim of a dog bite, the losses you experience could include medical bills, lost wages, and reduced earning capacity. Non-monetary costs may include things like pain and suffering and loss of self-esteem due to disfigurement or impaired physical ability. And in the unfortunate case that a dog bite causes death, the costs are truly catastrophic.

Every dog bite and dog-related injury is unique, and the circumstances of the accident determine liability and the potential for compensation. Whether or not you have a case for monetary damages will depend on several factors, which is why you should speak with a personal injury lawyer who specializes in dog bites to find out what your legal options are.

Should I Accept a Cash Settlement from the Dog Owner’s Insurance Company?

Many homeowners and renters insurance policies cover damage caused by the policy holder’s dog even if the incident occurs away from their home. If you are injured by a dog, you may very well be contacted by the insurance company with a settlement offer. One very important thing for you to know is that settlements are offered with the intention of making future lawsuits go away. Their offer may provide some initial financial relief and you may be tempted to take the quick money.

But remember this: some injuries that seem relatively minor at first can become more painful and costly down the road as additional symptoms and complications become apparent. When you accept a settlement, you are forfeiting your right to any further compensation later, even if later you need surgery, physical therapy, medication, or have other expenses related to your injury.

If you’re being offered money, it’s because the insurance company doesn’t want to be on the hook for future expenses you may incur. If you are contacted by an insurer, the best course of action is to let a knowledgeable dog bite lawyer like those at Mova Law Group – Personal Injury Attorneys speak with them. Injury victims sometimes inadvertently say things that make it harder for us to get them the compensation they deserve. Don’t accept a settlement. Don’t even take the phone call. We are experienced in negotiating with insurers on behalf of our clients and we think long-term about the expenses you may have to deal with months and even years after an injury occurs.

Is the Owner Always Liable for Damages Caused by Their Dog?

To prove to the insurance company or the court that you are entitled to money for your damages, you will need to prove that your injuries were caused by the dog. Unlike with other personal injury cases which require you to prove negligence, in California dog bites fall under something called “strict liability.” This means the dog owner is responsible for injuries caused by the dog bite, regardless of whether there was negligence or the owner knew or should have known their dog was aggressive.

Note, however, that strict liability does not automatically apply if you are hurt because a dog ran into you and knocked you over or its leash wrapped around your legs causing you to twist or fall. Similarly, if you were trespassing or you intentionally provoked the dog, the owner may not be liable. Whatever the circumstances, consult with an experienced personal injury attorney for guidance on how to proceed with your case.

How Can I Make Sure I Receive Fair Compensation for My Dog Related Injury?

There are several important steps you should take immediately after an encounter with a dog that has caused injury, no matter how minor.

First, ensure everyone’s safety by getting away from the dog. Once the dog is secure, exchange contact information with the dog owner and get the contact information of any witnesses as well.

If the injury is severe, call 911. Seek immediate medical attention, even if you think you feel fine or the skin isn’t broken. Some injuries take a few hours or days to appear such as bruises and pulled muscles and ligaments. There could be secondary injuries such as a blow to the head, and symptoms of a concussion don’t always manifest right away. Sometimes going into shock can keep you from realizing you’ve been injured and the pain comes later, so see a doctor as soon as possible after the incident.

After you have received medical care, contact animal control or the police department to make a report. You’ll be asked to provide medical documentation for your injuries. The San Diego dog bite report form also collects information about when and where the incident took place, contact information for the dog’s owner, and various details about the dog such as size, breed, color, age, and whether or not it was on a leash, so be prepared to provide this information.

When Should I Call a Personal Injury Attorney After a Dog Bite?

Contact a personal injury lawyer as soon as possible, even before you file an official report with the city or county. Everything you say about the incident will be seen by the insurance company (or a jury if it goes that far), and you never know what you will say that might unintentionally undermine your case. And again, it is advisable that you let your attorney speak to any insurance company that reaches out to you regarding the incident.

The lawyers at Mova Law Group – Personal Injury Attorneys are very experienced in negotiating with insurance companies to help our clients get the compensation they deserve, keeping in mind that medical and other expenses can unexpectedly snowball weeks and months after an accident. Please call us before you attempt to talk to an insurer on your own. We can help you get the money you need to make you whole after a serious dog bite injury.

You may be surprised to learn that the city of San Diego just approved nearly $13 million in settlement payouts to victims impacted by incidents that resulted in several personal injuries and other damages. A common misconception is that it’s fruitless to pursue a lawsuit against a city, county, school, or any other public entity because “you can’t fight city hall,” as the saying goes. Yes, government entities have deep pockets and big legal teams, but they’re not invincible, and when they’re responsible for a personal injury or wrongful death, they need to pay.

What Kinds of Claims Were Filed Against the City of San Diego?

The vast majority of the March 2025 settlement payouts went to people affected by a 2023 sewage spill in San Diego Bay. But other settlements went to individuals for damages like those people suffer from every day but aren’t sure they can get compensation for. One case involved a woman who was hit by a city truck and suffered a traumatic brain injury as a result. She was awarded $200,000.

The city also awarded $450,000 to a woman who made a U-turn and collided with a police car. What makes this case particularly interesting is that the police car had its lights and sirens on and was traveling faster than the speed limit. Many people believe that when a police car has its lights on and sirens blaring, any collision is automatically the fault of the civilian driver, but that’s not always the case. A knowledgeable personal injury lawyer like those at Mova Law Group – Personal Injury Attorneys can collect witness statements and work with accident reconstruction experts to reveal whether there was actually fault on the part of the law enforcement officer and therefore compensation due to the injured party.

Another case involving San Diego police resulted in an $85,000 settlement to the family of a child who sustained a bite from a police dog. While we support our law enforcement personnel, they’re not perfect, and sometimes their negligence–whether willful or not–causes harm. In these cases, the victim may be entitled to monetary damages because of their injuries.

A Shocking Wrongful Death Case Involving Negligence by the San Diego Police Department

The second largest settlement payout from the city went to a family of a mother and daughter who died in a car crash. What makes this case particularly interesting is that the collision was not with a city vehicle or employee, but with a driver who intentionally drove recklessly after police had been made aware of his dangerous mental state but failed to take action.

In this very high-profile case from 2018, the parents of Trevor Heitmann called 911 and asked for police to evaluate their son because he was acting “manic” and had threatened to drive his McLaren sports car on the wrong side of the freeway to prove he could do so without getting hurt.

When the police arrived, they said because he was 18 he would have needed to call them himself, or he would have needed to be “gravely disabled” or have made a “credible threat against somebody or be harmful to himself.” The officers did not feel the situation warranted intervention and they refused to speak to or evaluate Trevor despite the parents’ desperate appeals for help.

Shortly after the officers left, Trevor got in his car and drove the wrong way on Interstate 805 at speeds exceeding 100 mph. He collided with an SUV driven by Aileen Pizarro and her 12-year-old daughter Aryana. All three people were killed.

As a result of this tragedy, the city not only agreed to pay $6.125 million to the Pizarro family, but also committed to amend San Diego Police policy regarding mental health calls. While no amount of money can compensate for the loss of a loved one, the claim made by the Pizarro family against the city resulted in policy change that may save lives in the future.

How to File a Lawsuit Against the City of San Diego

The California Claims Act (formerly known as the Tort Claims Act) governs how claims can be made against a government entity, including the procedures that must be followed and the deadlines that must be met. Before you get to the point of filing a lawsuit, you must first submit a claim to the city within 6 months of the incident or accident. This timeline is significantly shorter than the 2 years allowed for filing other personal injury and wrongful death claims in California. This deadline is hard and fast, so if you miss it, you forfeit your right to go after any monetary compensation for your damages later.

While filling out a claim form on the city website may seem straightforward, it’s advisable to do so with the guidance of an experienced personal injury lawyer like those at Mova Law Group – Personal Injury Attorneys. Calfornia cities like San Diego have something called “sovereign immunity” which means they are generally shielded from liability unless specific conditions are met, including negligence. Proving negligence can be difficult, and that’s why letting your personal injury attorney guide you through the process is the best way to ensure your legal rights are protected and you receive monetary compensation for your damages.

If the city fails to respond to your claim within 45 days or if they reject your claim, you have the right to file a lawsuit, and you should do that only with the help of a qualified personal injury lawyer. If the city responds by offering a settlement, please consult an attorney before you accept it. Remember that once you accept a monetary settlement, you give up your right to further money, even if your medical expenses, lost wages, and pain and suffering continue or increase in the future. Initial settlement offers are designed to make the case go away quickly, but you may have injury-related expenses down the line, so think twice and consult an attorney before you accept the settlement and sign away your future rights.

Get Your Legal Advice from a Personal Injury Lawyer with the Right Experience

Not long ago a friend shared a story about when her mother tripped on a city sidewalk. She was walking to her car after dark where the city lights were functional but insufficient to see a nearly 3-inch-high ledge from a crack created by tree roots breaking the concrete. She tripped and fell, landing hard on both knees. An attorney told her there was “no point” in filing a lawsuit against the city because municipalities have huge budgets to fight in court and they “always win,” and because she had pre-existing issues with her knees, she believed the attorney who told her she didn’t have a case. The knee surgery she thought she might need 5 to 10 years down the road became urgent in order to relieve the excruciating daily pain and severely impaired mobility. She got bad advice from that attorney and lived with unnecessary pain as a result. On top of that, the city was not made aware of her injury and so had no incentive to fix the hazard (which they should have fixed anyway). Had she called the team at Mova Law Group – Personal Injury Attorneys, we would have listened to the details of the incident and may very well have given her different advice.

The lawyers at Mova Law Group – Personal Injury Attorneys have expertise in fighting for their clients rights against cities, counties, and other public and government entities. If you or a family member has been injured on public property or because of the actions or negligence of government personnel, contact us to discuss your case and explore your options.

If you’ve been involved in an accident involving an e-scooter in San Francisco, California,  it’s important to understand your rights. Shared e-scooter companies like Lime and Spin provide a convenient way to get around the city, whether you use them to get to work, run errands, or see the sights on a day off or while on vacation. Electric scooters may be economical and fun, but before you hop on, it’s smart to be aware of the risks of riding and what to do if you’re injured in an e-scooter accident. 

How Safe Is It to Ride an E-Scooter in San Francisco?

Since 2020, the number of people using e-scooters has skyrocketed, and so have the resulting injuries and fatalities. Data released by the San Francisco Municipal Transportation Agency (SFMTA) Vision Zero initiative in 2023 showed scooter injuries jumping from 145 between 2017 and 2019 to an alarming 454 from 2020 to 2022—a 213% increase. Scooter-related fatalities during this same time period jumped as well, from zero to seven.

A study conducted by UCLA showed that electric scooter accidents are even more statistically likely than motorcycle accidents (115 accidents per million trips for scooters versus 104 accidents per million trips for motorcycles). And while scooter accident victims may be hurt less severely than those riding motorcycles, scooter accident victims often require emergency room treatment for fractures and head trauma, and after a trip to the ER, many (33%) require substantial subsequent medical treatment.

While riders make up 92% of victims in e-scooter accidents, pedestrians are frequently hurt in collisions with scooters, or even because of a trip and fall over a parked scooter. Falls, collisions with objects, and collisions with other moving vehicles such as cars, motorcycles, and other other scooters make up the vast majority of e-scooter accident causes.

As recently as January 2025, a news story made local headlines when a San Bruno teen riding a scooter collided with a garbage collection truck. Bystanders saw the young man and his scooter get caught under the truck. The teen sustained severe injuries, and at last report was expected to survive but spend several weeks in the hospital. Cases like this are increasingly common and serve as caution to riders to be aware of the dangers of e-scooters and what to do if you’re involved in a scooter accident.

Why is it So Dangerous to Operate an Electric Scooter in San Francisco?

Several factors can put you at risk while operating an e-scooter on city streets:

• Riders on scooters are low to the ground and are easily lost in the blind spots of automobiles and trucks
• E-scooters take up the same visual space as pedestrians but move much faster, which makes them difficult to see
• Only riders under the age of 18 are required to wear a helmet while riding an e-scooter, putting them at risk for more serious injuries
• Not all riders are familiar with traffic laws or skilled at operating motorized vehicles
• Potholes and other obstacles that are too small to affect cars can be extremely dangerous for the smaller wheels of a scooter
• Riders who operate scooters while intoxicated, using a smartphone, or otherwise distracted are more at risk
• Many e-scooter riders use them during peak commuting hours at dusk or later and when traffic is heavy

Will Insurance Cover Damages and Medical Treatment if I am Hurt in a Scooter Accident?

The answer to this question depends on many factors which is why the best thing you can do after an e-scooter accident is contact an experienced San Francisco scooter lawyer. Here are a few things to keep in mind:

• Many auto insurance policies do not cover scooters because they have fewer than four wheels; however, some policies cover them because they are considered motorized vehicles.
• Homeowner insurance, renters insurance, personal motility insurance, or uninsured and underinsured motorist (UM/UIM) coverage may provide some coverage.
• You might be able to purchase scooter insurance as part of a bundle from your insurance carrier.

If you rent an electric scooter, you’ll sign an agreement that usually includes taking on the liability for any accidents in which you may be involved, so unless there is a malfunction of the scooter that is the result of negligence by the company who rented it to you, no responsibility will fall on the rental company.

Can I Sue the Scooter Rental Company If I’m Injured While Riding in San Francisco?

The short answer: maybe. Remember that when you are riding an e-scooter, you are responsible for operating the vehicle in a safe manner, and this includes following company guidelines and obeying traffic laws. Still, even if you are very careful and cautious, sometimes accidents happen and injuries and property damage can occur. The fault may lie with you, the e-scooter manufacturer or rental company, the operator of another vehicle or a pedestrian, the owner of a property where you are riding, or some combination of these.

In order to win a personal injury case against the company who rented you the  scooter or a premises liability case against a property owner where you were riding, you must prove two things: (1) there was negligence on the part of the company or owner, and (2) you were injured as a direct result of that negligence.

If the vehicle were to malfunction while you were riding it, that might be the fault of the company who manufactured the scooter or rented it to you. For example, if they failed to fix a mechanical issue they knew about or should have known about, neglected to do regular inspections of the vehicle, or an employee made an error in servicing the scooter, the manufacturer or rental company may be wholly or partially responsible for your accident.

A Colorado court recently sided with the app-based scooter rental company Lime stating that the company cannot be held liable for accidents and injuries caused by riders. While we have not yet seen a case like this in California, it may not be far off. Again, the scooter company would only have liability in a personal injury case if they were found to be negligent in some way.

Can I Sue the City or County or a Property Owner if a Hazard or Obstacle Caused My Accident?

If you were riding your e-scooter on a city street and hit a pothole, or you were riding (with permission, of course) on private property where, for example, tree roots had caused a broken or uneven surface or there were obstacles of some kind on the ground, and these conditions resulted in your falling off the vehicle, you may have a case against the city or the property owner.

In 2023, the city of San Jose settled a widely publicized lawsuit brought by a woman who rode her e-scooter into the base of a light pole that had been removed. The 4-inch-high obstacle was difficult to see due to the absence of cones or caution signs and the fact that the next closest light had a burnt-out bulb, leaving the area dark. The woman’s injuries included a broken nose and teeth, a concussion, several lacerations, and a fractured jaw requiring months of dental and medical treatment. In this case, the city (and perhaps the contractors it had hired work in the area) would likely have been found liable in this premises liability case, so they opted to settle out of court and pay the victim $337,500.

What If My Scooter Accident is Caused by Another Driver or a Pedestrian?

In yet another scenario, if the driver of a car, truck, motorcycle–or even a pedestrian–cut in front of you when you had the right of way, they may be responsible for your injuries and damages. If your accident involved a vehicle owned by a public or private company or a government agency, you might be approached early on with a settlement offer. Before you accept any kind of monetary payout, be sure to contact an experienced personal injury attorney for advice first. While it might be tempting to take their offer for immediate relief–especially if the medical bills are piling up and you are out of work–keep in mind that you may not yet have discovered the extent of your injuries and that the costs could continue to climb over time. 

What to Do If You Are Involved in an Accident Involving an E-Scooter

Take these steps immediately following any accident involving an electric scooter:

1. Call 911. Have the police department come on site and take a report. 
2. Document the scene by taking photos and videos. Use your smartphone to get photos of the area and any vehicles or obstacles involved. Take both close up and wide shots. You never know what pictures might be helpful if you need to go to court, but remember you’ll have to show that another party’s negligence was the direct cause of your accident and resulting injuries, so document everything.
3. Collect personal information of involved parties and witnesses. Get the names, phone numbers, addresses, of everyone who saw or was involved in the accident. Be sure to take pictures of the insurance cards and drivers licenses of all individuals driving or operating vehicles that were part of the accident.
4. Seek medical attention. Go to the emergency room or see your physician right away and tell them about your accident. This information will be very important in proving that your injuries were the result of an accident caused by another party’s negligence.

Contact the Experienced Scooter Injury Lawyers at Mova Law Group – Personal Injury Attorneys

After an accident, it’s crucial to get both medical and legal help as soon as possible. If your injuries might be the fault of someone else’s negligence or wrongdoing, you need to know the proper steps right from the beginning to protect your case. Contact us immediately after an accident to discuss your options and whether you have a potential personal injury or premises liability case. We will help you protect your interests in the event you need to file a lawsuit to get compensation for your medical bills, pain and suffering, lost wages, and other damages.

Call our personal injury law firm at (415) 449-8489 or live chat with us on our website at movalegal.com. We are available 24/7!

If you or someone you know has been injured because of a slip, trip, or fall accident while on someone else’s property in San Diego county or anywhere in California, you may be entitled to compensation and can file a premises liability case. Even if you chalked up the incident to simple clumsiness at the time, there may be negligence on the side of the property owner that caused the accident, and if there is, you may be entitled to money for your damages, including medical bills, lost wages, and pain and suffering. You need an experienced slip and fall injury lawyer.

How Common are Slip and Fall Accidents and What Kind of Injuries Might Result?

According to the National Safety Council, 25,000 slip-and-fall and trip-and-fall accidents occur every day, resulting in more than 8.5 million emergency room visits in the United States each year. Fractures are the most common injuries resulting from falls, and hip fractures are the most serious as they lead to the greatest number of health problems and sometimes death. 

If you or a loved one is older than 65, be particularly mindful of the risks: falls are the second leading cause of spinal cord injuries and brain injury symptoms for elderly adults, and half of all adults 65+ who are hospitalized as a result of a hip fracture are never able to return home and live independently afterward. The dramatic loss of quality of life and costs for ongoing medical treatment, health care aides, rehabilitative therapy and so on can be financially devastating to individuals and families, so it’s important you know your rights if a fall occurs outside the home.

What Hazards and Conditions Can Lead to a Slip-and-Fall Accident?

In San Diego and throughout California, property owners are responsible for keeping conditions safe for everyone who comes on the premises, including visitors, residents, and workers. Common hazardous conditions that could result in a person slipping, tripping, or falling include things like wet and slippery floors, loose mats and rugs, exposed wiring, clutter, damaged flooring, unmarked doorway thresholds, stairs that are dimly lit or don’t have secure handrails, and cracks and holes in pavement and walkways. Any one of these situations could lead to a fall that causes serious injury.

Who is at Fault When Someone Slips, Trips, or Falls–the Person or the Premises Owner?

In order to win a slip-and-fall or trip-and-fall case in California, you must prove (1) the property owner was negligent in addressing hazardous conditions, and (2) the owner’s negligence led directly to your accident and injury. While this may seem straightforward, these premises liability cases can be tricky and proving negligence can be complex. Property owners have a duty to address dangerous conditions that can cause accidents from a slip, trip, or fall, and if they fail to do so, they are responsible for the victim’s injuries. However, under California law, the responsibility for safety might legally be shared among the property owner, tenants, and sometimes workers as well

In 2024, an interesting trip-and-fall case in San Diego county made headlines when a jury awarded $2.45 million (the largest personal injury settlement in Walmart history) to a woman who tripped due to an unrepaired pothole in the parking lot. The victim was forced to undergo major spinal fusion surgery and was left with permanent pain, not to mention hundreds of thousands of dollars in medical bills. Ultimately, another business who shared the lot was found to have 35% of the liability for the incident, so Walmart was only required to pay $1.6 million (still the largest such payout by Walmart to date). This is a good example of shared liability in a personal injury case.

Steps to Take Immediately After a Trip-and-Fall Accident to Ensure You Receive Fair Compensation for Your Injuries

Here are 4 important steps you should take immediately after a slip-and-fall accident to help ensure you receive fair compensation for your losses: 

1. Prove the Hazard Existed by Taking Photos and Video

To win your personal injury case, you will need to present evidence to the court that there was a dangerous condition on the property that directly caused your fall. Immediately after the incident, take photos and video of the hazard where the slip, trip, or fall occurred. Capture clear images of the liquid on the floor, the broken step, the missing handrail, the pothole, the dim lightning, or whatever it was that caused the fall. 

Video can be particularly helpful as it allows you to narrate and explain what is being shown, and you can use your hand or objects to show size and perspective. Be sure to document the surrounding area to prove an absence of appropriate signage that should have warned about the hazards such caution signs or tape. 

Property owners will sometimes make repairs immediately after an incident or add warning signs or barriers, so it’s important to have photos and videos that are date stamped to show the actual condition at the time of the accident. Your slip and fall injury lawyer can give you the best advice about what photos to get.

2. Get Witness Statements to Support Your Case

If possible, speak to people on the scene who witnessed the fall. Collect their names and contact information so they can be reached later. If you can identify individuals who saw the hazard at the time or even earlier and have knowledge about how long it was there and whether or not the owner was aware of it, speak to them and gather their contact information as well. For example, if you were a visitor to a business or an apartment building, you may find an employee or tenant who can verify the hazard had been a problem for a while and that the owner had been made aware of the issue.

Remember, it is not enough to prove the hazard existed; you must also show that the property owner knew about it or should have known about it through reasonable inspection. This is a key element in winning a negligence case.

3. Seek Medical Attention Immediately

Even if you don’t feel pain or have visible wounds as the result of a slip or fall, you should see your doctor or go to the emergency room right away. Medical records and expert testimony about your injuries can help establish the connection between the hazardous condition on the property and your accident. They are also necessary for showing that your injury resulted in damages that warrant compensation. If there are other factors that may have contributed to your injury (such as your own actions, environmental conditions, or preexisting medical conditions), the property owner’s liability may be reduced, but it may not necessarily be dismissed.

4. Contact a Trusted Personal Injury Lawyer As Soon As Possible

Even if you don’t think you have a case or don’t think you’ll want to file a lawsuit, it’s smart to call a personal injury attorney like Mova Law Group – Personal Injury Attorneys immediately after an accident. Injuries aren’t always immediately obvious and you need good advice from the beginning about what to do in case you realize later that you’re more seriously injured than you initially thought. We will explain your rights and options and give you advice about how to proceed to protect your claim and advise you how best to interact with insurance companies, property owners, medical professionals, and your employer. 

How Mova Law Group Helped a Client Recover More than $1 Million After a Fall

One of our clients was severely injured in a slip and fall accident that was the result of the landlord’s negligence. One day after living in the rental home for six years, the handrail on the porch gave out and our client fell head first onto the asphalt below, suffering a concussion and serious injuries requiring cervical fusion surgery. The landlord accused our client of faking his injuries and the insurance company offered $0. But we were able to prove the landlord had failed to conduct regular periodic inspections of the property, during which he would have discovered the condition of the handrail. He was responsible for fixing it because he should have been aware of it. We were also able to obtain the recorded 911 call made immediately after the incident. As a result, the insurance company settled the case for $1,500,000.

Protect Your Rights and Ensure Your Recovery By Calling Mova Law Group – Personal Injury Attorneys Today

Don’t go it alone after an accident. Even if you think your injuries are minor at first, complications can arise later, resulting in unexpected costs. Contact our experienced and compassionate slip and fall attorneys immediately after an accident. If someone else is at fault for your injuries, we will give you the legal guidance you need to make sure your case is protected so you can get the compensation you deserve.