Visitor Question

Hit by a Truck While Riding an Electric Wheelchair…

Submitted By: Eileen (Morgan Hill, CA)

My dad was riding his electric scooter on the sidewalk and was hit by a truck coming out of an alley way. They say it is my dad’s fault because apparently you cannot have an electric wheelchair scooter on the sidewalk.

There are cars parked near the sidewalk so I’m not sure if he can drive on the street? Anyway he’s in a lot of pain now and this feels unfair. I would like a second opinion on this please. Does my dad have any recourse against the truck driver and his insurance company?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Eileen,

We did some research on your question…

We found Section 21235 California Department of Motor Vehicle, Subsection (g). This code prohibits the “operation of a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.”

Unless you have evidence of your father entering or leaving an adjacent property, his operation of his motor scooter on the sidewalk will preclude him from recovering reimbursement for the injuries he sustained when he was hit by the truck.

If you can prove your father was injured while entering or leaving an adjacent property he will not suffer from the prohibition set out in the Department of Motor Vehicle Section 21235.

If he is an exception he might consider contacting a personal injury attorney. Most do not charge for an initial office consultation. Hopefully the truck and the driver were insured. If so your father will have a strong claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 28, 2011

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