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Segways are becoming the new bicycles in many cities across our country. Americans are hopping on a Segway to commute to and from work, while tourists use Segways to explore new cities in a fun way instead of having to fatigue their legs by walking around all day.
Indeed, the Segway has become a very popular mode of transportation these days, yet many do not take them seriously in the event of an accident or injury. Our Pittsburgh Segway accident attorney at Shenderovich, Shenderovich & Fishman says that you may be entitled to compensation if you have been injured while riding a Segway or were injured by a Segway user.
And no, neither insurers nor lawyers will laugh at you for wanting to recover damages after a Segway accident.
Many Americans who have never ridden a Segway have no idea how this thing works. In a nutshell, a Segway speeds up when the user leans forward and slows down when the user leans backward. In other words, a Segway regulates the speed and balance based on the shifts in the rider’s position.
While riding a Segway is definitely a fun experience and a convenient way to get around Pittsburgh or any other city in Pennsylvania, these two-wheeled, self-balancing personal transporters cause thousands of injuries per year.
Our experienced Segway accident attorney in Pittsburgh, who has personally handled hundreds of cases involving Segway-related injuries, explains that in many cases, riders sustain injuries after their Segway suddenly turns off then exceeds the speed limit. In other cases, Segway riders are thrown from the machine because it turned off after its battery ran out. And there are also many cases in which Segway riders and other people get injured when the machine collides with a pedestrian, motorcyclist, bicyclist, or even a motor vehicle.
Since Segways are a rather new phenomenon, determining liability after a Segway accident may feel like an uphill battle. In order to determine who is liable for your injuries in a Segway accident, multiple factors will need to be considered.
For example, if you rent a Segway from a rental agency or tour operator, you may be able to hold them responsible for failure to properly inspect and maintain the machine, failure to properly supervise you, failure to provide helmets, and many more.
If your Segway accident was caused by a defective or faulty machine, you may be able to file a product liability lawsuit against the manufacturer of that machine, but only as long as you can prove that your accident was caused by a manufacturing defect, design defect, or failure to provide clear warnings or instructions.
If you were injured while operating a rental Segway and the rental agency is trying to deny your personal injury claim by arguing that you signed a waiver of liability; under Pennsylvania law, no company is allowed to waive their own negligence merely by having a person sign a waiver. Still, in order to recover damages from that company, you will have to demonstrate evidence that its gross negligence caused the accident.
In many Segway accidents, the Segway manufacturer is held liable for the rider’s losses and damages, though the manufacturer will most likely attempt to avoid liability by arguing that the machine was not used correctly or that the machine complied with all applicable safety regulations.
If the manufacturer claims that the injured rider should have foreseen certain dangers associated with the use of the Segway, the rider will most likely have no choice but to retain legal help from a skilled product liability attorney, because breaking through the defense of a multi-billion-dollar company is almost never possible unless you are represented by an experienced lawyer. Contact Shenderovich, Shenderovich & Fishman for a free case evaluation. Call our offices at 888-988-9467 today.