In October 2018, a class-action lawsuit was filed against electric scooter rental/rideshare companies Bird Rides Inc. and LimeBike and other companies who have taken part in the escalating presence of electric scooters in the U.S., including Xiaomi United States and Segway, the electric scooter manufacturers who supply vehicles to the rental companies.
If You Have Suffered Injuries Similar to Those Sustained by the Initial Plaintiff(s)
If you suffered injuries caused in the ways described in the class-action lawsuit filed against these companies:
- You are automatically included in the class action. You do not need to join the class.
- Once a class in a class-action lawsuit is certified and a settlement is proposed, notices are sent to all identifiable class members. Notices also appear in various media outlets including newspapers, websites, television, radio, and magazines.
- You can also contact the class-action attorney so he or she can add your name to the class registry, ensuring you receive details about participating in recovery, providing evidence to the attorneys and receiving your share of the settlement.
- As a member of the class-action lawsuit, you are entitled to a percentage of damages if the defendant(s) settles or loses at trial.
- When many victims are likely to emerge, making it difficult to identify and contact all the injured parties, a fund is created and made available to individuals who can prove the defendant’s actions injured them.
Details of the Complaint Filed Against Bird, Lime, et al
The initial plaintiffs in the class-action lawsuit filed against Bird, Lime, and others allege the following:
- The defendants’ contributions to the injuries suffered by people with whom electric scooters have collided constitute “aiding and abetting assault.”
- The defendants were negligent both in “dumping” scooters on public streets without notice or authorization and in their ignorance as to the dangerous “public nuisance” their vehicles presented.
- The defendants, in their failure to facilitate an end to the accidents that injured pedestrians, contributed to “assaults” on pedestrians.
- Bird’s and Lime’s safety instructions were inadequate.
- Bird’s and Lime’s scooters are mechanically deficient.
- Bird and Lime have breached their vehicles’ warranties, and the scooters are “not suitable” for repeated public use.
Regarding its legal objectives, this lawsuit:
- Is seeking damages for the plaintiffs.
- Is pursuing the requirement that “adequate warnings and/or instructions” are provided with scooters and the apps with which they are associated
- Proposes that each company should be prohibited from continuing to deploy scooters in California
Your Three Options If You Receive a Class-Action Notice
There are three courses of action you can take upon receiving a class-action notice in the Bird, Lime, et al. class-action lawsuit:
- Choose to participate as a class member: you give up your rights to pursue personal injury remedies in a private lawsuit
- Opt-out: you decline participation as a class member, by following instructions in your notice by the specified date
- Choose to participate as a named plaintiff: you hire your attorney and participate in the lawsuit as a named party
It is a good idea to consult with an experienced class-action attorney before you act on your class-action notice, especially if your electric-scooter accident injuries are serious and/or you have a lot at stake in this class-action lawsuit.
Opting Out and Pursuing a Personal Injury Lawsuit
The purpose of a class-action lawsuit is to accommodate a large number of plaintiffs; more than what can be accommodated in a standard personal injury lawsuit.
If you have suffered injuries or losses caused by the actions of Bird, Lime, Xiaomi, Segway, or other defendants in this class-action suit, but you feel that the circumstances of your injuries do not resemble those experienced by the initial plaintiffs in the class-action lawsuit, or you lack confidence in the abilities of the attorneys representing the plaintiffs, you might consider seeking remedies in a personal injury lawsuit.
Damages You Can Recover in a Personal Injury Lawsuit
When you decide to seek damages you have suffered as a result of negligence on the part of Bird, Lime, or other electric scooter companies, a civil court will hear your case and determine to which damages you are entitled.
The court could decide to award you some or all of the following recoverable damages:
- Medical expenses
- Emotional suffering
- Physical pain damages
- Diminished potential earning capacity
- Prescription medication, including pain management
- Lost wages
- Ongoing medical costs
- Replacement services, such as housekeeping, landscaping, childcare
- Ambulance transportation
- Repair or replacement of any personal property damaged in the accident
Call the Law Offices of Wolf & Pravato Today
If you would like to discuss your options for pursuing damages in your Bird or Lime electric scooter accident, contact a bird scooter accident attorney from the Law Offices of Wolf & Pravato for a free consultation. You can reach us by phone at (954) 633-8270.