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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Monday, November 18, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will help personal injury lawyers navigate and overcome the unique challenges that arise when litigating liability for accidents caused by delivery drivers on e-bikes and e-scooters as opposed to traditional motor vehicles.

Faculty

James G. Perry
Senior Trial Counsel
Atticus Injury Law, PC

Mr. Perry is a trial and litigation attorney with Atticus Injury Law, PC, with a focus on personal injury and products liability matters. He is a former homicide prosecutor, who now handles catastrophic injury, wrongful death, government liability, premises liability, and defective medical devices and commercial products cases, among other areas. Mr. Perry also spends a great deal of time writing about and speaking on traumatic brain injuries and related neurocognitive issues. At his core, he is trial attorney, with over fifty jury trials completed, who serves as a Trial Coach for his alma matter, Berkeley Law School.

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Halim Dhanidina
Mediator, Arbitrator, Appellate Consultant
Signature Resolution

Honorable Halim Dhanidina (Ret.) brings more than 25 years of legal experience to Signature Resolution. With his background as a lawyer, Superior Court judge, and Court of Appeal justice, he offers impartiality and perceptiveness as a neutral party. Justice Dhanidina got his start with the Los Angeles County District Attorney’s office, continuously moving up throughout his tenure. Through his work, he dealt directly with those most impacted by the criminal justice system, contributing to his comprehensive understanding of the court system and the communities most affected by it.

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Description

Over the past several years businesses have turned to e-bikes and e-scooters for delivery or retained delivery drivers who use them. Deliveries may not be the only way in which an employee might use an e-scooter or bike while on the job. Proponents of e-scooters or e-bikes--which have many variations and levels of performance--usually tout their lower cost and maneuverability in high congestion areas or areas with limited parking.

When someone is injured, it is often difficult to determine who is liable and whether there is insurance coverage because e-bikes and scooters are often not considered motor vehicles under relevant laws. The employment relationship of the e-scooter or e-bike operator at the time of injury-causing event can further complicate recovery.

It's often necessary to look to employers, manufacturers, and other third parties to compensate victims. E-bikes and e-scooters can cause accidents for many different reasons, including sudden stops or turns, improperly secured goods, inadequate training, distracted driving, negligent hiring or supervision, or any number of mechanical or product failures. Whether the driver was in violation of laws governing these vehicles could play a role, and at least one state has recognized the tort of negligent hiring of an independent contractor.

Listen as our experienced panel offers guidance on the unusual issues that must be addressed when litigating liability for accidents caused by delivery drivers on e-bike and e-scooters.

Outline

  1. Perceived benefits of e-mobility
  2. Types/categories/capabilities of e-scooters and e-bikes
  3. Laws and regulation of e-scooters
  4. Potentially liable actors
    1. Operator
    2. Businesses that engaged the operator
    3. Manufacturers and sellers
    4. Property owners
    5. Rideshare companies
  5. Theories of liability
    1. Negligent operation
    2. Vicarious liability
    3. Negligent retention and training
    4. Negligent entrustment
  6. Defenses
  7. Insurance issues

Benefits

The panel will review these and other key issues:

  • What are the differences between e-scooter/bike cases and traditional motor vehicle cases?
  • What is the effect of the operator being in violation of laws governing the use of e-scooters/bikes?
  • How do businesses attempt to block liability?