Segway Injuries
In Oakland and throughout the San Francisco Bay Area, the use of Segways is becoming an increasingly popular mode of transportation.
Segway® Personal Transporters are two-wheeled self-stabilizing transportation devices, and despite the novelty of their operation, possess all the same inherent safety risks of a scooter or motorcycle. An accident can lead to severe or catastrophic injuries, including blunt head trauma, neck, or back injuries which could result in traumatic brain injury (TBI), or paraplegia, quadriplegia, or partial paralysis from a spinal cord injury. Whether the accident occurs due to the negligence of a Segway operator, or the malfunctioning of a Segway component, the injured party may be able to recover for the damages he or she has suffered.
The California Vehicle Code provides for the use of Segways, which it refers to as "electric personal assistive mobility devices" (EPAMDs). The law recognizes the utility of EPAMDs to reduce air pollution and traffic congestion in the cities by "reducing the millions of single passenger automobile trips of five miles or less that Californians take each year." While the law cites advances in technology as helping to safely integrate the user into pedestrian transportation, several conditions are placed on the use of EPAMDs to enhance their safe operation. For instance, the law requires operators of EPAMDs to maintain a reasonable and prudent speed, and specific safety equipment must be included on all EPAMDs, including front, rear, and side reflectors, a head lamp, and a horn.
Segway operators are considered pedestrians under the law for certain purposes. California law defines a pedestrian as a person who is afoot or is using a human-powered conveyance other than a bicycle, a person using a wheelchair or other device by reason of physical disability, or a person using an EPAMD. However, EPAMD users must yield the right-of-way to pedestrians on foot. The law also gives cities and counties the authority to regulate the time, place, and manner of EPAMD operation, including limiting or altogether prohibiting their use in specified areas. State agencies also have authority to regulate, limit, or prohibit their use on state property.
The attorneys at The Venardi Elam Firm, LPP have experience in personal injury and products liability cases arising from Segway accidents, and are currently representing a client in a catastrophic products liability suit. This client was thrown off the Segway due to a malfunction, and suffered a head injury resulting in quadriplegic paralysis. For a free initial consultation to discuss your lawsuit regarding Segways, contact The Venardi Elam Firm, LPP today.
