FAQs about e-Scooters in St. George

Elijah Wood enjoying a scooter ride

1. Do I need a driver’s license to ride a scooter?

No. The scooters are intended for non-license holders. You do not need a driver’s license to enjoy the electric scooters.

2. Can I ride an electric scooter on the sidewalk?

Yes. In St. George, you can ride your battery-powered scooter on the sidewalk; however, you must obey all the rules of a pedestrian when you are riding on the sidewalk.

3. Can I ride an electric scooter on the street?

Sometimes. The law states that you can ride your e-scooter in the street ONLY when the speed limit is 25mph or less and has only one lane of travel each way. In other words, you cannot ride your Spin Scooter on Bluff street, Dixie Drive, or any other street with a speed limit of over 25mph or more than one lane.

4. Can I ride with a passenger on the same scooter?

No. The law specifically states that these new Spin Scooters are to be ridden by only one person at a time. No tandem riding. To ride with a passenger is a violation and you could be ticketed.

5. Does my Auto Insurance cover me in case of an accident?

Yes, most likely. Most auto insurances will cover you if you are riding electric scooters as if you are a pedestrian. However, there are exemptions that you must check, and you must first go through the at-fault-driver’s insurance if hit by a vehicle.

6. Is a helmet required on an Electric Scooter?

Utah Law does not require you to wear a helmet while riding an electric scooter. However, by refusing to wear a helmet, you could be held partially responsible for your injuries. You should always wear a helmet when you are riding the electric scooters.

7. When is the Electric Scooter Company Liable, like Spin?

According to Utah Law, the owner of the scooter cannot knowingly allow a user to violate the law. If the scooter company had knowledge of continuing violations of the law, they can be held accountable for not preventing those violations.  

           

The only other way the scooter company is liable for your injuries is if there was a malfunction of the scooter itself. Brakes malfunctioning, wheels falling off, and handlebars disconnecting are problems the scooters have seen in the past. If this happens to you, gather witnesses, pictures, and proof. You must preserve the scooter itself to make a claim.

NOW YOU KNOW!

Utah Electric Scooter Laws - What you need to know!

Utah does not have specific laws governing electric scooters, and every Utah city has varying, contradicting laws governing scooters. 

So what laws apply to you in your city? How can you avoid a citation? What to do if you are in an accident?

For these questions, I have you covered. Lets start with the basics: Utah has an over-arching law that is the default for scooters. Utah Traffic Code § 41-6a-1115. This law can be altered by city ordinances but it is the place to start to understand the best way to protect yourself when it comes to scooters. Here are the things to know:

1.   To ride a scooter, there is no requirement to have a driver’s license or driver’s permit. But, there are age restrictions. Anyone under 15 years old must be in the direct supervision of a parent or guardian. There are no exceptions. This is probably the most frequently violated law concerning scooters.

    Also, although you may feel like a child when you are on these scooters, actual children under 8 years old are not allowed to ride the scooters on public property. This includes sidewalks, pathways, and roadways. Do not let your children under 8 ride these scooters. If you do, you could be ticketed. 

2.      There are restrictions on where you can ride your scooter as well. You may feel as free as a “bird” (pun intended) while riding these scooters, but you are not free to go wherever you want. A person may not operate a motor assisted scooter (electric scooter) in the following areas:

• in a public parking structure;
• on public property posted as an area prohibiting skateboards;
• on a highway consisting of a total of four or more lanes designated for regular vehicular traffic;
• on a highway with a posted speed limit greater than 25 miles per hour;

Did you catch that last one? Out of these areas, it is the most patrolled restriction. You cannot drive on roadways that have a speed limit greater than 25mph. But what do you do when the roads conflict and change in speed limits?

A great example of two conflicting streets is in St. George - The main street that runs through the city, where the majority of the scooters are located, is called St. George Boulevard. That road has the speed limit of 30mph and runs east to west. However, actual Main Street in St. George, which has hundreds of storefronts, has a speed limit of 25mph. Main Street runs north to south and crosses with St. George Boulevard. So, if you are looking to ride a scooter in St. George, you may find yourself picking up your scooter on the Boulevard and dropping it off on Main Street. That means that you should start off riding on the sidewalk when on St. George Blvd, then switch to riding on the roadway when on Main St. This can be confusing and different laws apply for sidewalk travel vs. roadway travel. To add to the confusion, some cities do not allow scooters to ride on the sidewalks at all.

For these confusing and conflicting laws remember this: If you ride the battery-powered scooter on the roadway, you should comply with the laws that govern the travel of motorcycles and cars. (Of course, do not ride on the roadway if the speed limit is over 25mph.) For the complete traffic code, click here. This means that you must signal when turning, stop at stop lights, stop at crosswalks, and stop behind traffic.

If you ride the electric scooter on the sidewalk, you must comply with pedestrian laws. Primarily, this means that you cannot travel at an unreasonable speed. You should slow down when coming to an intersection, groups of people, and parking lots. This also means that you can only cross the street when the pedestrian “walk” sign is lit, you must stop at stop signs, and you should only cross at crosswalks.

Overall, there are a lot of pit-falls and loop-holes when dealing with these electric scooters. If you have been in an accident involving a scooter, don’t rely on opinion alone. Find a personal injury attorney that knows the law on electric scooters.

Car Collision Does NOT Automatically Raise Rates - The Law

I had an insurance agent tell me "The insurance company is now raising rates if you are in a collision, regardless of fault." If you have heard this same thing, you want to read this -->

 The Law

This is one case where Utah has got your back. Due to insurance companies frivolously raising premiums, then searching for any justification, Utah Legislators put into law Section 31A-19a-212.  Which says:

(1)

Each rate, rating schedule, and rating manual filed for personal lines insurance may not permit a premium increase due to: (a) a telephone call or other inquiry that does not result in the insured requesting the payment of a claim; or (b) a claim under a policy of insurance covering a motor vehicle or the operation of a motor vehicle resulting from any incident, including acts of vandalism, in which the person named in the policy or any other person using the insured motor vehicle with the express or implied permission of the named insured is not at fault.

 Its Meaning

If you are in a collision where you are not at fault, it is illegal for the insurance company to raise your rates. If you call and open a claim, but the insurance company does not end up paying out, it is illegal for the insurance company to raise your rates. 

What You Should Do

If you are in a collision and the other person is at fault, WATCH YOUR PREMIUMS. If a few months after the collision you notice an increase in your rates, call your agent and tell them the law. You will most likely see your rates drop back down immediately. 

Stay safe and Drive on!

Defeating Liability Waivers

I'm talking about those waivers that pretty much every business makes you sign. You know which ones - the ones you never read but always sign. 

So what happens if you are injured after signing one of those? (I bet you never thought about that huh? Well, You can still recover. Here is how:

Some waivers are enforceable. So you may be out of luck. However, a liability waiver is not enforceable when it 
1. offends public policy;
2. is for activities within the public interest exception; OR
3. is unclear and ambiguous. (Pearce v. Utah Athletic Fund, AKA Boring legal citation).

1. What offends public policy? Almost nothing... Ok, not really. But it is hard to prove what public policy is in order to prove that it has been offended. Public policy is best proven by legislative actions, or statutes. Many statutes will tell you what their purposes are. Those purposes are considered public policy. 
      An example would be skiing. You sign a waiver for skiing, is it enforceable? No. That's because in the Utah Inherent Risks of Skiing Statute, the legislature said it is public policy to allow ski resorts to levy the burden of their negligence. A waiver, then, offends or contradicts that public policy. (whew, you're safe there.)
     Other examples: Product Liability within 78B-6-707; Construction liability under 13-8-1(2);  and Parent's waivers of childrens' rights under Hawkins v. Peart. 

2. What are activities within the public interest exception? Not something you likely do. These are public services. Need I say more? Here is a legal citation is you want it:  Berry v. Greater Park City Co., 2007 UT 87. Believe me, this exception does not apply to you. 

3. What is unclear and ambiguous? A lot. This is where the majority of the cases are won. A liability waiver is not valid unless it is unequivocal and can be easily understood by the average person. 

Besides a few exceptions, a liability waiver is usually enforceable. It is the age old battle between a contractual right and a tort liability right. As always, consult your attorney. 

You're Doing Auto Insurance Wrong!

I see the consequences of auto insurance mistakes every day. Here are the 3 mistakes you probably do!

1.   You have minimum PIP coverage -  What is PIP you may ask?  Well, PIP (Personal Injury Protection) is a coverage you already pay for - It is mandatory in Utah. You have to have it and it is a good thing. (more info here)
      One thing PIP pays for is Initial Medical Costs. In Utah, the minimum coverage is $3,000. Thats it! You know what that covers? -an ambulance ride or one ER visit. Choose one...  The average car collision costs $7,500 in medical bills, leaving you with $4,500 in bills.
      Heres the good thing - YOU CAN RAISE YOUR PIP! And you can do it for extremely cheap! We are talking a few dollars a month for $10,000 of coverage. Do that and you will start winning auto insurance. (Brush that shoulder player) --->

2.   Second Mistake, You Waived UIM or UM to save a few bucks. You big dumb idiot... UIM is Under-Insured Motorist Coverage. This is your protection when someone with low insurance limits hits you. UM is Uninsured Motorist Coverage. This is when someone with no insurance hits you. 
      Yesterday, this happened: My client was driving his car through an intersection. The Defendant ran the red light and T-boned him. BAM! Like Val Kilmer tackling cake.  My Client had an ambulance to the hospital and a dwarfing $35,000 in medical bills. After all that, here is the actual scary part - The Defendant had the state minimums for insurance coverage, only $25,000. That is the max my client can get from the defendant's insurance. I will repeat, my client, who was obeying traffic laws, can only get $25,000 from the defendant's insurance. Now What? He still has $10,000 in medical bills...
     Well, sadly, my client waived his UIM coverage to save money -  a whopping $5.14 per month! (smh) Had my client kept his UIM coverage, he would have had an additional $25,000 of protection, at least. So please, DO NOT WAIVE UIM/UM. The big mac you save per month is not worth what you give up. You're better than that!

3.   Lastly, you chose your coverage based off your premium. Unfortunately, all insurances are not created equally. Some pay you happily and others fight like Tyson. You want the one that pays you without hassle (hopefully that is obvious).   Those insurances tend to be more expensive. 
      The one that I have noticed to be the worst is Geico. My colleagues would add StateFarm and Farmers to that list. These companies actively look for reasons to avoid payment, to you, their client! Again, you deserve better. 

Thanks for reading and Drive On!

Skiing or snowboarding in Utah? The law you NEED to know!

Utah is supposed to be the greatest snow on earth. Unfortunately, Utah's legislation protects that at your expense.   

It is left to you to protect yourself. These three nuggets of information should help you do just that:

1. You know those liability waivers on the backs of you ski passes? 

The ones you always sign but never read? Well guess what, they are not enforceable!  That's so important, I'm going to repeat it: ski resort liability waivers are not enforceable. 

Currently, the law says that the ski resorts give up this ability to waive liability by enforcing the Inherent Risks of Skiing Act. 

2. The Utah Inherent Risks of Skiing Act protects the resorts from suits arising out of dangers that are integral characteristics of skiing. (Confusing?)

In other words, if the risk that caused your injury, is something that skiers generally want to encounter, then the resort is not liable. 

For example, if you get hurt because you lost control going down a steep hill, or went off a jump and wrecked, or hit an ice patch, the resort is not liable.   Jumps, hills, moguls, and etc. are things that most skiers want to encounter. The resort is not liable for you injuring yourself because of those risks.

Don't be this guy!

This law precludes a large number of suits because the majority of skiing injuries are the fault of the skier. For example, when I was 16, I thought I was super cool so I thought to hit a jump on a school-ski-day. Well, the jump was bumpy just before the lip, causing me to lose my balance, go off the jump torqued sideways, land on my shoulder and break my collarbone. (owww but still cool...) The resort was not at fault for this and the law would prevent a suit.

There are things that the resort is liable for: like negligent warnings or negligent design. For example: If there is a blind hill, or merging trail that the resort does not warn you about with proper signage, then the resort can be held liable. Also, resorts can be sued for negligent lift maintenance or management. 

3. Lastly, You are personally liable for collisions on the mountain. 

Just like a car accident, if you cause a collision by negligently skiing or disobeying the right of way, you are personally liable for it. A good rule of thumb is: the person in front of you always has the right of way. 
The good thing is that your homeowners insurance or travelers insurance will indemnify your liability for skiing collisions. (This means they pick up the bill.)

The summarizing takeaway is:  Regardless of a liability waiver, you can sue the ski resort so long as the collision was not caused by your own negligence. 

Stay foolish and ski on!

Little-known Utah Law can save you a huge headache!

Lets make that post-collision headache a little more bearable:

I meet with people every day to educate them on a Utah Law rarely known - Its called "P.I.P."

         This fun acronym stands for Personal Injury Protection. When you are in an auto accident, it is your best friend.   This is how it works:

YOUR FACTS (should you choose to accept them): You are driving your car, going the speed-limit, obeying the traffic laws, then SMASH!!  Another car hits you out of nowhere. Its not your fault. You were the victim. What happens now?...

First, you need to call your auto insurance company. "But it wasn't my fault, why would I call MY insurance company?" - Because PIP is coverage under YOUR policy. It is specifically designed for accidents that are NOT your fault. (Don't worry, it doesn't raise your premiums.) Call your insurance and get the claim number.

Second, your insurance company pays out the PIP benefits, which are: 1. initial medical costs ($3000 is the state minimum); 2.   85% of your lost wages, up to $250 per week; 3. $20 per day for household services that you can't do.  These three benefits are separate and readily available. (use it or lose it)

Third, the magic happens... Your insurance will actually go after the "at fault" party's insurance to be reimbursed. They usually do this 6 months down the road, and don't need to involve you. This means,  your insurance company pays you the PIP benefits with no consequence to you. Your rates DO NOT RAISE. They do this because they get their money back from the insurance company of the Jerk that hit you. His insurance pays your PIP benefits in the end.



So, if you are in an auto accident, avoid the headache that the other driver's insurance company will give you, just CALL YOUR INSURANCE. If you need to go to the hospital, GO! All of your initial medical bills are covered. If you need to miss work to heal, MISS IT! Your lost wages are covered. If you need to hire a neighbor boy to mow your lawn, HIRE HIM!




P.S.  -- PIP is mandatory in Utah. So, Yes, you have it.