Once considered a novelty, electric scooters (or e-scooters as well as e-bikes) are now a fixture in urban life. Almost every major U.S. city now has e-scooters scattered across sidewalks and street corners, offering a quick and easy way to get around. Zipping through city streets and parked on busy corners, these compact vehicles offer affordable, eco-friendly transportation that is particularly popular with tourists and other visitors. But with convenience come consequences: injuries from e-scooter accidents are rising sharply, raising critical questions about liability and legal recourse.
A recent UCSF study underscores the magnitude of this trend. Researchers found that e-scooter injuries surged from 8,566 in 2017 to 56,847 in 2022, a more than 560% increase in just five years. Hospitalizations followed the same alarming trajectory, climbing from 791 in 2017 to 6,317 in 2022. These numbers reflect a growing public health concern — and a legal gray area for many victims.
So, if you are injured in an e-scooter accident, who is responsible?
The Legal Landscape of E-Scooter Accidents
E-scooter accidents fall into several categories, and liability often depends on the specifics of the case:
1. Scooter Malfunction
Manufacturers and scooter companies (like Lime or Bird) may be liable if the scooter was defective. This includes brake failure, battery issues, or mechanical faults. Under product liability laws, victims may seek damages if a faulty scooter caused or contributed to their injury.
2. Negligent Drivers
If you are struck by a car or other vehicle while riding an e-scooter, the driver may be liable for your damages under a negligence theory. Distracted driving, failure to yield, and speeding are common culprits. In such cases, standard motor vehicle insurance may apply — but recovering compensation can be tricky, especially if you were riding in a non-bike-friendly area. Most auto insurance policies do not cover e-scooters, but a negligent driver’s liability insurance may apply if they caused the accident
3. Pedestrian Accidents
Scooter riders themselves can be at fault when they collide with pedestrians. Many cities prohibit riding on sidewalks, yet enforcement is spotty. If a rider hits a pedestrian due to reckless behavior, they could be held personally liable for injuries or damages.
4. Hazardous Infrastructure
City governments may be liable if poor road conditions — like potholes, broken curbs, or lack of bike lanes — contribute to an accident resulting in injury or death. These cases often involve premises or municipal liability, and typically require proving that the city knew (or should have known) about the hazard and failed to address it in a reasonable timeframe.
Helmet Use, Risky Behavior and Legal Consequences
According to the UCSF study, e-scooter users are more likely than traditional bicyclists or scooter riders to skip helmets and engage in risky behavior, including riding while intoxicated. These choices can dramatically affect both injury severity and legal outcomes.
For example, not wearing a helmet may reduce your ability to recover full damages, especially in states that apply comparative negligence. If you are found partially at fault for your own injuries, your compensation may be reduced proportionally. The impact of helmet use on compensation also depends on state law and the specific circumstances.
What Should You Do If You Are Injured?
If you are injured while riding an e-scooter, here are key steps to take:
- Seek medical attention immediately, even if your injuries seem minor.
- Document everything — take photos of the scene, the scooter, road conditions, your injuries, those involved, identification of those involved, etc.
- File a report with local authorities, and if applicable, notify the scooter rental company.
- Do not sign any waivers or releases without speaking to an attorney.
- Consult with a personal injury lawyer to understand your options.
At Urban Thier & Federer, P.A., we have handled complex injury cases involving multiple parties — from corporate defendants to municipalities. Our legal team can investigate the cause of your accident and help determine who should be held accountable.
E-scooters are here to stay — but they are not risk-free. Whether you are a rider, a pedestrian, or a motorist sharing the road, being aware of your rights and responsibilities is key.
If you have been injured in an e-scooter accident, you may be entitled to compensation for medical bills, lost wages, disfigurement, and pain and suffering. Do not navigate the legal maze alone. Our multilingual team at Urban Thier & Federer, P.A. is here to help.