By Pendergast Law on August 18, 2017
If you’re hit by a car while out walking, it’s relatively easy to know who’s at fault for the accident. Most of the time, it’s the driver of the car. But what do you do if you’re hit and injured by a Segway? Who can be held liable? For that, the answer is less clear, and depends on the circumstances.
Making a Personal Injury Claim
If you’re hit and injured by a Segway, you may be eligible for both economic and non-economic compensation. Economic damages are things with an actual dollar amount. They cover medical expenses, property damage, and lost income. Non-economic damages, however, are things that don’t have an actual dollar value, like pain and suffering, mental anguish, and the loss of capacity for the enjoyment of life.
The most common injuries people suffer after being hit by a Segway are herniated discs, or a fractured ankle, hand, or wrist. Even a “minor” injury can be serious if it doesn’t heal properly. So what should you do if you suffer harm after being hit by a Segway?
Who (or What) Is At Fault?
In most accidents, the main person who caused the accident is, legally, “at fault.” This is true in car accidents, motorcycle accidents, bicycle accidents, and even Segway accidents.
In order to prove fault later, if you’re hit by a Segway, it’s important to call or visit the police. Even if the Segway rider is cooperative, he’s more likely to keep his story at the scene consistent if the police have been notified and he has given a written statement.
If the driver of the Segway blames the Segway for the accident, due to a faulty part or faulty operation, you need this in writing. A sworn affidavit should be given so the Segway rider cannot go back on his word later on. This affidavit should then be sent to the Commercial General Liability (CGL) insurer of Segway, along with all medical bills and proof of your lost wages.
The CGL insurer is a pedestrian’s best chance getting compensation, particularly if she hasn’t retained a lawyer. Most large companies have this insurance, but no matter what, it’s still advisable for all injured pedestrians to hire an attorney before speaking with an insurance company.
If you’ve been hit by a Segway rider and suffered injury, contact Hardwick & Pendergast, P.S., toll-free at 888-539-9211. We are attorneys that have the experience needed for cases involving a scooter or other personal transport device, and we’ll work hard to protect your rights!