E-scooter riders have the same legal rights as other road users in New Mexico. Drivers owe you a duty of care, and when their negligence causes your injuries, they can be held responsible. This article will explain your rights after an e-scooter accident, how to prove the driver was at fault, what compensation you can recover, and how the insurance claims process works.
Whether you were struck by a distracted driver, hit in a bike lane, or injured in any other collision, you have the right to seek full compensation for your injuries.
E-Scooter Riders Are Protected Under New Mexico Law
Despite being on a small vehicle with no metal frame, airbags, or seatbelts to protect you, you’re entitled to full legal protection under New Mexico law. New Mexico is a fault-based state, meaning the person who causes an accident is financially responsible for the harm they cause. New Mexico is different from no-fault states where each party turns to their own insurance regardless of who was at fault.
Drivers owe a duty of care to all road users, including e-scooter riders. This duty requires them to operate their vehicles safely, watch for others on the road, obey traffic laws, and take reasonable precautions to avoid causing harm. E-scooter riders have essentially the same rights as cyclists and pedestrians when it comes to using public roadways. While New Mexico doesn’t have comprehensive statewide laws specifically governing e-scooters, cities like Albuquerque have established clear rules that treat scooter riders as legitimate road users with full legal protections.
When a driver’s negligence causes your injuries, they’re legally liable. Whether they were speeding, texting, failed to check their blind spot, or violated any other duty of care, you have the right to pursue compensation for your injuries. The fact that you were on a scooter rather than in a car doesn’t diminish your rights or reduce the driver’s responsibility for exercising reasonable care.
Evidence That Strengthens Your Case
Strong evidence can make or break your e-scooter accident claim. The police report is one of the most valuable pieces of evidence you can have. When officers respond to the accident scene, they document the circumstances, talk to witnesses, note any traffic violations, and often include accident reconstruction details. If the driver received a citation for a traffic violation, that citation appears in the police report and provides powerful evidence of negligence.
Traffic camera or surveillance footage can provide objective proof of how the accident occurred. Many intersections have red-light cameras, and businesses along roadways often have security cameras that capture the street. This footage can definitively show who had the green light, whether the driver was speeding, or how the collision happened. Eyewitness testimony from people who saw the accident provides independent verification of your account. Witnesses who don’t know either party are particularly credible.
Photos of the accident scene, vehicle damage, and your injuries preserve details that might otherwise be lost. Take pictures of everything: the positions of the vehicles, skid marks, traffic signals, weather conditions, road hazards, and any visible injuries. If you were riding a rental scooter, the scooter’s GPS and ride data can show your speed and location at the time of impact. If distracted driving is suspected, your attorney may be able to subpoena the driver’s cell phone records to prove they were using their phone when the collision occurred.
Violation of traffic laws provides strong evidence of negligence. When a driver breaks a law designed to protect public safety and someone gets hurt as a result, courts often find the driver negligent per se, meaning negligent as a matter of law. This makes your case significantly easier to prove. Gathering evidence immediately after the accident matters because memories fade, video footage gets recorded over, and physical evidence disappears. The sooner you or your attorney can preserve evidence, the stronger your case will be.
What If I Was Partially at Fault?
Many e-scooter riders worry that if they made any mistake, they’ve lost their right to compensation. We’ve answered this question about shared fault before. New Mexico law is actually quite favorable to injured people in this situation. New Mexico follows a pure comparative negligence rule, which means you can still recover damages even if you were partly to blame for the accident. Your recovery is simply reduced by your percentage of fault.
Here’s how it works: imagine a driver made an unsafe left turn and struck you, but you were riding slightly above the local 15 mph speed limit when it happened. A jury might find the driver 80% at fault and you 20% at fault. If your total damages were $100,000, you would recover $80,000 (80% of the total). Unlike some states that completely bar recovery if you’re more than 50% at fault, New Mexico allows you to recover even if you were 99% at fault (though you’d only get 1% of your damages in that extreme scenario).
Drivers and their insurance companies often make defense arguments to shift blame onto scooter riders. They might claim you were in their blind spot, suggesting you shouldn’t have been there. They might argue you were riding too fast or that you should have been more visible by wearing bright clothing or using lights. While some of these arguments might result in a finding of partial fault, they don’t eliminate your right to compensation. The question becomes one of proportionality, not all-or-nothing liability.
Partial fault doesn’t eliminate your right to compensation in New Mexico. Even if you made a minor mistake that contributed to the accident, you can still recover the portion of damages attributable to the driver’s negligence. This is one of the most plaintiff-friendly aspects of New Mexico personal injury law, and it means you should never assume you have no case simply because you might have been partially at fault.
Whose Insurance Pays for Your Injuries?
The primary source of compensation in an e-scooter accident is typically the at-fault driver’s auto insurance. Liability coverage is required for all New Mexico drivers, and it exists specifically to pay for harm the driver causes to others. When a driver hits you while you’re on an e-scooter, their liability insurance should cover your medical expenses, lost wages, pain and suffering, and other damages.
To file a claim with the at-fault driver’s insurer, you’ll need their insurance information, which you should have obtained at the accident scene. You or your attorney will notify the insurance company of the claim, provide documentation of the accident and your injuries, and negotiate a settlement. However, insurance companies are businesses focused on minimizing payouts. Even when their insured driver is clearly at fault, insurance adjusters will look for ways to reduce what they pay you. They may offer a quick lowball settlement, argue that your injuries aren’t as serious as you claim, or try to shift blame onto you. Having experienced legal representation dramatically improves your chances of receiving fair compensation.
What If the Driver Doesn’t Have Insurance?
Despite legal requirements, many New Mexico drivers operate vehicles without insurance or with minimum coverage that isn’t sufficient to cover serious injuries. If the driver who hit you doesn’t have insurance, you’re not necessarily out of options. Uninsured Motorist (UM) coverage can save the day if you have it. If you carry auto insurance with UM coverage, that coverage typically protects you even when you’re not in your car. UM coverage extends to you as a pedestrian, cyclist, or e-scooter rider who is injured by an uninsured driver.
This surprises many people who assume their auto insurance only covers them while driving their car. In reality, UM coverage usually follows you as a person. To file a UM claim, you’d contact your own insurance company, provide documentation that the at-fault driver had no insurance, and proceed with your claim against your own policy. While it may seem odd to make a claim against your own insurer, this is exactly what UM coverage is designed for. Your rates shouldn’t increase since you weren’t at fault and you’re claiming coverage you’ve been paying for.
Why You Need an Attorney for Your E-Scooter Accident Case
E-Scooter Cases Are More Complex Than You Think
E-scooter accident cases present unique challenges that make experienced legal representation valuable. These cases exist in a relatively novel area of law with limited case precedent specific to e-scooters. Courts and insurers are still developing their approaches to these claims. Insurance coverage disputes are common because multiple insurance policies might potentially apply—or none might clearly cover the situation. Multiple potentially liable parties can exist beyond just the driver: the scooter rental company, the city, a negligent road maintenance contractor, or a vehicle manufacturer if a defect contributed.
Technical evidence often plays a major role. Accident reconstruction experts may be needed to demonstrate how the collision occurred and establish fault. Scooter mechanics and engineering experts can analyze whether a mechanical failure contributed. GPS data, traffic camera footage, and vehicle black box data require expertise to obtain and interpret. Defense arguments about scooter safety and rider responsibility are evolving, and insurance companies actively develop strategies to minimize their exposure in these cases.
What a Personal Injury Attorney Does for You
An attorney’s role extends far beyond just filing paperwork. Investigation and evidence gathering forms the foundation of a strong case. Your attorney obtains police reports, medical records, witness statements, and other documentation. They hire accident reconstruction experts when needed to recreate the collision and establish fault. They interview witnesses while memories are fresh and locate additional witnesses you might not have known about. Critically, they secure video footage before it gets deleted, sending preservation letters to businesses and government entities that control potentially relevant cameras. They analyze scooter data logs from rental companies and investigate all potential sources of evidence.
Dealing with insurance companies is where accident attorney representation shows its value most clearly. Your attorney handles all communication with adjusters, preventing you from saying something that could hurt your case. They counter lowball offers with detailed demand packages demonstrating the true value of your claim. They identify all available insurance policies that might provide coverage, including policies you weren’t aware of. They negotiate aggressively to maximize your settlement, using their experience to know when an offer is fair and when to push harder or prepare for litigation.
Legal strategy development requires experience and judgment. Your attorney assesses comparative fault issues and prepares responses to anticipated defenses. They determine all potentially liable parties, not just the obvious ones. They calculate the full value of your damages, including future losses you might not have considered. They prepare your case for trial if necessary, understanding that insurance companies settle more favorable terms when they know your attorney is prepared to go to court.
Protection of your rights encompasses many practical aspects. Your attorney ensures all legal deadlines are met, protecting your claim from procedural dismissal. They prevent you from making damaging statements to insurers or posting on social media in ways that could hurt your case. They ensure medical bills are handled properly, negotiating with healthcare providers and health insurers to reduce liens against your settlement. They protect you against settlement liens that might reduce your recovery, like workers’ compensation or government healthcare program subrogation claims.
Most Personal Injury Attorneys Work on Contingency
The contingency fee arrangement makes legal representation accessible regardless of your financial situation. You pay no upfront costs or fees; the attorney advances all case expenses including expert fees, court costs, and investigation expenses. The attorney only gets paid if you win your case through settlement or trial verdict. Their fee is a percentage of your recovery, typically ranging from 33% to 40% depending on the complexity of the case and whether it settles or goes to trial.
This arrangement aligns your attorney’s interests with yours; they only succeed financially if they recover compensation for you. It also means you can afford high-quality representation even if you’re facing financial hardship from your injuries and lost income. Most personal injury attorneys offer risk-free consultations where you can learn whether you have a viable case at no cost and with no obligation.
Get the Compensation You Deserve
Being hit by a car while on an e-scooter is a serious matter that can result in life-changing injuries. You have legal rights under New Mexico law that protect you and entitle you to fair compensation when a driver’s negligence causes your injuries. Insurance companies have teams of adjusters and attorneys working to minimize what they pay. Don’t let them take advantage of you during a vulnerable time. Your recovery matters—both your physical healing and your financial recovery.
Contact Roadrunner Law Firm today for a free, no-obligation consultation. Our Albuquerque personal injury attorneys have experience handling e-scooter accident cases and understand the unique challenges they present. We’ll evaluate your case, explain your options in plain language, and fight for maximum compensation if you choose to work with us. We work on a contingency fee basis, which means no fees unless we win your case. You can focus on healing while we handle the legal battle.
Don’t wait—evidence disappears quickly, witnesses become unavailable, and deadlines approach faster than you think. Call us today or fill out our online contact form to schedule your free consultation. You deserve justice and fair compensation for your injuries. Let us help you get it.
