Las Vegas Sun

March 28, 2024

Parents of girls in scooter crash could be prosecuted

The parents of the two girls who were hit Tuesday by a pickup truck while riding a motorized scooter in southeastern Las Vegas may face charges if police determine they allowed the girls to ride the scooter in the street.

Because scooters are motorized, they're considered motor vehicles, meaning anyone driving them needs a Class C driver's license, Metro Police Sgt. Frank Weigand said. The driver in Tuesday's crash was 10 years old and her passenger was 9.

Further, unless scooters are equipped with mirrors, lights, brakes and other safety features, it's illegal for them to be driven in streets. And, as with bicycles, scooters cannot be operated on sidewalks, Weigand said.

The scooter in Tuesday's crash wasn't street legal, yet it's common to see children zipping down streets on motorized scooters.

The only place where these scooters can be legally operated is on private property and on private streets, such as in some gated communities, where police cannot enforce traffic laws except in cases of drunken driving.

Weigand, head of Metro's fatal crash investigations section, said parents must accept responsibility for their children's actions.

"To have a 10-year-old and a 9-year-old out on a scooter in the street is ludicrous," he said. "In my opinion, I would place the blame (for the crash) on the parents that these children were out there to begin with."

Las Vegas City Councilman Michael Mack plans to introduce an ordinance to the city council on Wednesday that would seek to require businesses that sell scooters to disclose to buyers that they cannot be driven on city streets or sidewalks.

Shortly before 6 p.m. Tuesday the girl, whose name has not been released, was driving the Schwinn electric scooter ran a stop sign at Dodd and Steptoe streets, near Boulder Highway and Russell Road, and entered the path of an oncoming pickup truck.

Mark Miles, 22, the driver of the pickup, couldn't stop in time and hit the scooter, knocking the girl and her passenger to the ground. Miles wasn't speeding, police said.

The girls were wearing bicycle helmets, Weigand said, but they were too flimsy to offer adequate protection.

Both girls were in serious condition at University Medical Center on Wednesday, police said.

Scooters like the one they were on can be electric or gas-powered and can reach speeds of 10 to 20 mph. They generally cost between $100 and $250, and children are the primary market for them, said Alan Chapman, owner of Have Scooter Will Travel at 1631 E. Sunset Road near Eastern Avenue

When the scooter trend caught on last year Weigand said he knew it would just be a matter of time before tragedy struck.

"Sure enough, last night became that time," he said.

His office and the area commands get calls every day from people complaining about kids on the streets in scooters, he said. So far not many tickets have been written; officers generally stop the children and try to educate parents on the law, but some parents don't want to hear it.

"They almost want to argue with me and tell me they spent their money on the scooter and it's their right to let their children ride them," Weigand said. "Why would you want to put your child in harm's way?"

Under Mack's proposed ordinance, Las Vegas scooter retailers would be required to tell buyers that it's illegal for the scooters to be used on public streets. He also wants signs reflecting this to be posted in stores.

"A lot of people are buying them blind," Mack said.

And some retailers may not know the law, he said, adding that "this should get their attention."

Retailers may be hesitant to explain the law to parents who are willing to plunk down a couple of hundred dollars for a scooter, Weigand said.

But at Have Scooter Will Travel, safety information and the Nevada Revised Statute code applicable to scooters prints out on the sales receipts, Chapman said.

"We only sell to parents and we indicate to them that it's up to them as to what they are comfortable with and what they feel is safe for their child," he said, adding that increased police enforcement would send a strong message.

But with Metro's current manpower shortage and serious crime on the rise, aggressive enforcement isn't realistic, Mack said. Mack wants parents to take responsibility for the safety of their children and to be aware of the risks involved with scooters.

In Henderson, scooters not only are banned from sidewalks and in streets, they also can't be used within 1,000 feet of any structure.

Aside from the legality issues, scooters are just plain dangerous, Weigand said. The way he feels about scooters is how Ralph Nader felt about the Chevrolet Corvair in the 1960s -- "unsafe at any speed."

They are unstable and any crack or bump in the pavement could cause the rider to fall, he said. They're also difficult to control and stop, and riders should wear a Nevada Department of Transportation-approved helmet as well as knee pads and elbow pads to prevent injury, Weigand said.

Children would be safer riding bicycles, which are easier to control, he said.

Chapman disagrees.

"Under the proper conditions, if they are riding in restricted areas, yes, (scooters) are safe," he said. "In traffic, no they're not safe."

But, he said, it is dangerous for more than one person to be on a scooter, as was the case with the girls who were struck Tuesday were. It throws off the balance and makes it hard to control, Chapman said.

Weigand said detectives are in the process of interviewing parents and witnesses and trying to determine who, if anyone, was at fault in the crash. It could be several weeks before the investigation is complete.

If parents are determined to be at fault, the charges could include permitting an unlicensed person to ride a motor vehicle or child endangerment, he said.

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