E-scooter rider sues council

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Petrol Pete

Petrol Pete

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Here we have a story we have all seen before . 'Thief falls through skylight , sues home owner for damages etc...'

Just reading the bare bones of this story you would not think she has a leg to stand on in court (pun intended) , how does it even get to court ? Her sole defence (attack) seems to be that she didn't know what she was doing was illegal - I thought ignorance of the law was no defence - and she also admits to not seeing the hole because it was dark she couldnt see the hole in the road . Illegal vehicle with defective light , surely ??

He council Doctor Johanna Kerr said Drago's offending was 'minimal' so should be compensated . Compensated for what . Illegally using an illegal vehicle on a public highway with defective lights , no tax , insurance , number plate or valid MOT ?

My guess is the council will cave in (it's been 2 years in the making) and pay her off .

PS . For what it's worth I thing these things shoild be banned from our roads.....Oh , wait a minute , they are banned from out roads....

www.standard.co.uk

Illegal e-scooter rider sues council for £30,000 over pothole crash which broke leg

Giovanna Drago’s £30,000 claim for injuries on banned machine could set precedent
www.standard.co.uk www.standard.co.uk
 
Petrol Pete said:
.....Oh , wait a minute , they are banned from out roads....
Click to expand...

Often wondered about this , around London over the last few days we have noticed many on street places that you can hire these E thingies to get about your business.

Same in York last year ?

K
 
The rental ones are not the problem , it's all of the illegal ones that are the issue. Unfortunately the people who are pushing for these things to be legalised are collecting data only from the legal ones to push their agenda. Not possible to collect (useable ) data from the majority of them because they are used illegally.

A bit like measuring hand gun ownership in the UK based only on the legal ones , ignoring all of the illegal ones.

I have no problem with the city centre legal ones. The riders are known.
 
It's a good question whether a legal e-scooter rider (i.e. from an authorised hire scheme) would have suffered the same injury in the circumstances? If the answer is yes, then you could argue that in this case the illegality of the e-scooter is an irrelevant technically.

Let's say that you're involved in a collision with another vehicle. The other vehicle is untaxed and therefore it is technically illegal for it to be on the road. Does this matter when establishing who is at fault and what damages are due?

In the case of the e-scooter, the Council might be able to claim that the authorised e-scooters differ substantially from the claimant's e-scooter, e.g. they have brighter headlamp, are heavier and not easily affected by potholes, or offer better knee protection, etc etc, thus suggesting that the road was indeed suitable for the type of vehicle that the Council authorised for use on public roads, while the claimant's vehicle was of substandard quality and that the road wasn't designed to enable safe travel for such substandard vehicles.

But if the authorised and unauthorised e-scooters are both identical, then I think that the Council will have a hard time explaining why it would have paid-out in one case but not the other.
 
markjay said:
In the case of the e-scooter, the Council might be able to claim that the authorised e-scooters differ substantially from the claimant's e-scooter, e.g. they have brighter headlamp, are heavier and not easily affected by potholes, or offer better knee protection, etc etc, thus suggesting that the road was indeed suitable for the type of vehicle that the Council authorised for use on public roads, while the claimant's vehicle was of substandard quality and that the road wasn't designed to enable safe travel for such substandard vehicles.

But if the authorised and unauthorised e-scooters are both identical, then I think that the Council will have a hard time explaining why it would have paid-out in one case but not the other.
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In the event that she wins the case, it's pretty much a certainty that any award of damages will be substantially reduced in recognition of her acting illegally.

Half of me actually wants to see her win the case because councils consistently fail to maintain roads properly which causes huge damage to vehicles and personal injury to cyclists and motorcyclists while they hide behind the "protections" of inadequate inspection regimes and arbitrary classifications as to what needs repair and what doesn't. It's high time that the systematic abuse of those protections by councils were curtailed, imo, and one way to force their hands into doing what is right and proper is to hold them legally accountable and cost them money.
 
Bellow said:
Pay the same compensation as would be awarded if she had been riding a legal scooter (whatever that is) and charge her with illegal use. Fair - no?
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The legal scooters where trialed have marker lights, position lights and a registration plate plus insurance and you need a full car or motorcycle licence to hire /use one.

So, 6 points for no insurance.

Additional fines and points for using a motorised vehicle not in accordance with licence regulations etc etc.
 
Darrell, we know they are rubbish thats why the whole scheme should be scrapped. It's the fast/modified illegal ones that are fun. They too should all be scrapped.

Just like cannabis is Canada. it's legal , but the black market thrives in illegal weed because the government approved stuff is crap.

I don't condone violent civil unrest but this photo from Belgium the other day cheered me up no end . A burning pile of (mostly) E- scooters. :D

1670146269719.png
 
Petrol Pete said:
Darrell, we know they are rubbish thats why the whole scheme should be scrapped. It's the fast/modified illegal ones that are fun. They too should all be scrapped.

Just like cannabis is Canada. it's legal , but the black market thrives in illegal weed because the government approved stuff is crap.

I don't condone violent civil unrest but this photo from Belgium the other day cheered me up no end . A burning pile of (mostly) E- scooters. :D

View attachment 134497
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I meant that LB of B are rubbish. They’ve got zero backbone and they’ll cave in.
 
These scooter rental schemes will die out when all the scooters end up in the canal and they go bust. I mean has any of these rental schemes whether push bikes or scooters actually made money, God forbid the taxpayer will have to subsidise them on top of buses and trains.
 
Well just maybe the local lets get rich people can end these scooters for hire,all they have to do is step out in front of one and get or feign injury and then they can claim against the insurance the scooters have,far easier that staging cash for crash cars.
Clacton stopped the legal scooter trials funded by Ford after about 3 months the town became chaotic .
 
I see people zooming-by at night on motorised scooters with no lights, wearing dark cloths. They drive on the main roads and I can't help thinking that it's only a question of time before they get hit by a car. No idea if the scooters are from an 'authorised hire scheme' or privately-owned, they go by too fast and it's too dark to tell.
 
markjay said:
I see people zooming-by at night on motorised scooters with no lights, wearing dark cloths. They drive on the main roads and I can't help thinking that it's only a question of time before they get hit by a car. No idea if the scooters are from an 'authorised hire scheme' or privately-owned, they go by too fast and it's too dark to tell.
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If they get hit by some of the idiots that are racing along Cromwell Road in their supercars over the last few nights, at all hours, they are going to be in some state , or the next state.

Never seen or heard anything like it.

K
 
markjay said:
I see people zooming-by at night on motorised scooters with no lights, wearing dark cloths. They drive on the main roads and I can't help thinking that it's only a question of time before they get hit by a car. No idea if the scooters are from an 'authorised hire scheme' or privately-owned, they go by too fast and it's too dark to tell.
Click to expand...

Possibly on the way home from a local hostelry, thinking they are immune from the brethalizer .
www.bbc.co.uk

E-scooter woman who rode while drunk on hen do gets driving ban

Paige Burnley was more than twice the legal limit for alcohol when stopped by police in Cheltenham.
www.bbc.co.uk
 
markjay said:
I see people zooming-by at night on motorised scooters with no lights, wearing dark cloths. They drive on the main roads and I can't help thinking that it's only a question of time before they get hit by a car. No idea if the scooters are from an 'authorised hire scheme' or privately-owned, they go by too fast and it's too dark to tell.
Click to expand...
The ones you are spotting are almost definatly illegal . Legal ones are capped at around 12 mph and will automatically slow to 8 mph in certain zones.

Thats why the brain dead prefer the illegal ones , like the mom I saw collecting her daughter from primary school the other day on one - little girl standing in front of her heavy mom with her (as yet) unmarked pretty face inches from the upright of the scooters steering column bumping along the road ...........Kill yourself on one ? fine , but don't take you kid with you :doh:
 
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