November 26, 2024
If you were involved in a scooter accident in Charlotte and believe that a glitch in the Bird app contributed to the incident, understanding the potential for legal action against the company is crucial. Here’s a detailed overview of how to establish liability and pursue compensation.
When considering a lawsuit against Bird due to an app malfunction, several factors come into play:
To successfully sue Bird, you must demonstrate that the company was negligent in its duty to provide a safe and functional service. This could involve proving that:
The app had known issues that Bird failed to address.
The glitch directly contributed to your accident, such as causing the scooter to malfunction or providing inaccurate information about the scooter's status.
Riders typically agree to terms and conditions when using Bird's services, which may include waivers of liability. However:
If you can prove that the app malfunction constituted a breach of duty or negligence on Bird's part, you may still have grounds for a claim despite these agreements.
North Carolina follows a strict contributory negligence rule:
If you are found to be even slightly at fault for the accident, you may be barred from recovering any damages. Therefore, it is crucial to establish that the app malfunction was a significant factor in causing the accident.
Read: What If I Can't Afford a Lawyer for My Scooter Accident Case in NC?
To build a strong case against Bird, gather evidence related to the app glitch and your accident:
Screenshots or Records: Take screenshots of any error messages or issues experienced with the app before the accident. Documenting these problems can help establish that the app was not functioning correctly.
Witness Statements: Collect statements from witnesses who observed the accident or can testify about conditions leading up to it.
Medical Records: Ensure thorough documentation of your injuries and treatment, as this will be critical when seeking compensation.
Given the complexities involved in proving negligence and navigating potential liability waivers:
Consulting with an experienced personal injury attorney is advisable. An attorney can help you assess your case, gather necessary evidence, and navigate negotiations with insurance companies or legal representatives from Bird.
If you successfully prove that Bird's negligence contributed to your accident, you may be entitled to various forms of compensation, including:
Medical Expenses: Coverage for all medical costs related to your injuries.
Lost Wages: Compensation for income lost due to your inability to work during recovery.
Pain and Suffering: Damages for physical pain and emotional distress resulting from your injuries.
Property Damage: Compensation for damages to personal property involved in the accident.
If a glitch in the Bird app contributed to your scooter accident in Charlotte, it may be possible to pursue legal action against the company. Establishing liability will require demonstrating negligence on Bird's part and gathering substantial evidence related to the app malfunction and its impact on your accident.
Consulting with an experienced personal injury attorney will enhance your chances of successfully navigating this process and obtaining compensation for your injuries and losses. Understanding your rights and taking prompt action is essential for protecting yourself after such an incident.
Read: How to deal with insurance adjusters after my scooter crash in Charlotte