e-scooter lawsuit

I’m not here to rain on anyone’s e-scooter parade, but as an attorney who cares about your safety (and, yes, your legal well-being), I think it’s time we have a frank talk about the dangers of riding e-scooters and, more importantly, how you can avoid becoming part of this rather unfortunate statistic. Oh, and if you do find yourself in an e-scooter mishap, don’t worry—we’ll cover what to do and how to protect yourself legally.

E-Scooter Injuries: The Alarming Rise

You might be thinking, “It’s just a scooter, how dangerous can it be?” The answer: apparently very. According to a recent study, e-scooter-related injuries across the U.S. nearly tripled in recent years. ​These injuries range from minor cuts and bruises to serious fractures, head injuries, and even deaths. And it’s not just riders getting hurt—pedestrians, cyclists, and drivers are also getting caught in the crossfire.

Why the sudden spike? It’s likely a combination of things. First, there’s the sheer increase in the number of scooters on the road. Cities like New York, Los Angeles, and Austin are filled with riders using these e-scooters to commute, explore, or just have fun. Second, there’s the lack of regulation and safety enforcement in many areas, which means riders aren’t always following traffic laws (or even wearing helmets—tsk, tsk). Finally, let’s face it, not everyone has the best scooter-riding skills, and accidents can happen when you least expect them.

Common E-Scooter Injury Scenarios

Accidents involving e-scooters can occur in a variety of ways, and it’s important to know what you’re up against. Let’s break it down:

  • Getting hit by a car: This is the big one, and it’s unfortunately all too common. E-scooters are small, fast, and sometimes hard for drivers to see, especially if you’re zipping through a crosswalk or trying to share the road. If you’re hit by a car while riding an e-scooter, you could be dealing with serious injuries—broken bones, head trauma, or worse. In this case, the first step is to get medical attention immediately, even if you feel fine because adrenaline could be masking symptoms. Next, make sure to document everything—get the driver’s information, take photos of the scene, and talk to any witnesses. And if you’re in New York, for example, keep in mind that you might be entitled to compensation through both your insurance and the driver’s​. We can help you understand this better if you need help.
  • Getting hit by another rider: Whether it’s another e-scooter rider or a cyclist, collisions between two “vulnerable road users” can result in some painful accidents. If this happens, it’s crucial to determine fault while keeping the situation calm. Make mental or written notes about the incident. Was the other rider going too fast? Were they weaving recklessly through traffic? In many cases, the at-fault party may be liable for your medical bills, lost wages, and pain and suffering. Just like in a car accident, make sure to exchange information with the other party and report the incident. Take a photo of their drivers license and give them a photo of yours.
  • You hit a pedestrian or another vehicle: Now, this is the situation you want to avoid at all costs—being the one who causes the accident. If you hit someone while riding your e-scooter, you could be held responsible for their injuries, and yes, they can sue you for damages. Legally speaking, most states require you to stop immediately, offer aid if necessary, and exchange information with the injured party. In New York City, for instance, there are specific laws governing e-scooter use, and you could be fined or worse if you flee the scene. So don’t be that person—stick around, apologize, and call your insurance (yes, you may be covered under certain homeowners’ or renters’ insurance policies).

But what if you’re not covered by insurance? Or what if someone who hits you doesn’t have insurance? That’s where things can get tricky, both legally and financially.

Why Don’t Many Scooter Riders Have Insurance?

Most riders simply don’t think about insurance before hopping on a shared e-scooter or even buying one for personal use. Unlike cars, there isn’t a legal requirement for scooter riders to carry insurance in most places. As a result, many riders are unaware that they may be personally liable if they’re involved in an accident.

Additionally, insurance companies have been slow to adapt to the rise of e-scooters. Many traditional auto policies won’t cover e-scooter accidents, and while some homeowners or renters insurance policies might cover liability in certain circumstances, it’s not guaranteed. This leaves a lot of riders exposed to potential financial risk.

What Happens If You Don’t Have Insurance?

  1. If You Cause an Accident: Without insurance, you may be personally liable for any damage or injury caused in an accident. This means you could end up having to pay out-of-pocket for the other party’s medical expenses, property damage, and potentially face a lawsuit if the injuries are serious. For example, if you hit a pedestrian and they sue you, your assets may be at risk if you don’t have coverage to shield you from liability.
  2. If You’re Hit by Someone Else: If you’re the victim in a scooter accident, not having insurance doesn’t mean you can’t seek compensation. You could still file a claim with the at-fault party’s insurance (whether it’s a car driver or another scooter rider). However, if the person who hit you is uninsured or underinsured, your options for recovery could be limited unless you have specific coverage, like uninsured/underinsured motorist insurance.
  3. Medical Bills: If you’re injured while riding and don’t have personal health insurance, you could end up facing steep medical bills. Even with health insurance, some costs might not be fully covered, especially if you need extensive rehabilitation or surgery. Not to mention many people ride scooters while on vacation or traveling, and you won’t have access to in-network healthcare. Just something to think about.

Different Scenarios Based on Local Laws

In cities like New York, where e-scooters are allowed under certain regulations, there is still no requirement for riders to carry insurance. This means if you’re involved in an accident, both parties may need to rely on their personal health insurance for their own injuries, or try to settle through claims against each other’s renters or homeowners insurance. Other states or local jurisdictions might have different regulations, and some are considering laws that would require insurance for e-scooter riders, similar to auto insurance.

What Should You Do?

  • Check Your Insurance: If you own an e-scooter or plan to ride a street-side rented one, it’s worth talking to your insurance provider to see if you’re covered under your current policy. You may be able to add e-scooter coverage, or you could look into separate personal liability policies.

How to Avoid E-Scooter Injuries

  1. Wear a Helmet: I know, it’s not the coolest look. But do you know what’s less cool? A concussion. Helmets reduce the risk of head injury by as much as 60%, and in some states (like California), they’re actually required by law for riders under 18. Even if it’s not a legal mandate in your area, it’s just good sense to have your own helmet if you’re planning to ride.
  2. Obey Traffic Laws: Yes, on an e-scooter, you’re subject to the same traffic laws as cars, bikes, and pedestrians. That means stopping at red lights, yielding to pedestrians, and staying in bike lanes where available.
  3. Stay Visible: E-scooters are small, and drivers often aren’t looking out for them. Wear bright clothing, use lights if you’re riding at night, and make sure drivers see you before you cross intersections. If you blend into the background, you’re asking for trouble.
  4. Slow Down: Going too fast, especially on crowded city streets, is a recipe for disaster. Most e-scooters top out at 15-20 mph, but that’s fast enough to cause serious injury in a collision. Keep your speed reasonable and under control.
  5. Use Hand Signals: If you’re turning or changing lanes, use hand signals to let drivers and other riders know what you’re doing. It might feel a little awkward at first, but it can prevent a lot of accidents. Just be clear and decisive. Using hand signals on a scooter is required in New York.

What To Do If You’re Injured

Despite your best efforts, accidents happen. If you find yourself injured while riding an e-scooter, here’s a step-by-step guide to protect yourself legally:

  1. Get Medical Attention: Even if you think your injury is minor, get checked out. Some injuries, like concussions or internal bleeding, might not be immediately obvious. Plus, having medical documentation is crucial if you decide to pursue legal action later.
  2. Gather Information: If another party was involved—whether it’s a driver, pedestrian, or another rider—make sure to exchange contact information and take photos of the scene. If there are witnesses, get their statements too.
  3. File a Police Report: This is especially important if the accident involves another vehicle or if you’re seriously injured. A police report can serve as important evidence if you need to file a claim or lawsuit.
  4. Contact an Attorney: If you’ve suffered significant injuries or if the accident wasn’t your fault, you should consider consulting with a personal injury attorney. An experienced lawyer can help you navigate the insurance process, negotiate a settlement, and, if necessary, file a lawsuit to get you the compensation you deserve.
  5. Don’t Admit Fault: Whether you’re talking to the police, the other party, or an insurance adjuster, be careful about what you say. Admitting fault or downplaying your injuries can hurt your case later on.

E-Scooter Laws Vary by State—What About New York?

One of the trickiest things about e-scooters is that the laws governing their use can vary dramatically depending on where you live. In New York City, for instance, e-scooters are legal, but you must be at least 16 years old to ride, and helmets are required for riders under 18​.

You’re also expected to stick to bike lanes or streets with a speed limit of 30 mph or less. And no, you can’t ride your scooter on sidewalks—so don’t even think about it.

In other states, the rules might be stricter or more lenient. Some places require helmets for all riders, while others don’t. It’s important to familiarize yourself with the laws in your area before you hop on an e-scooter and ride off into the sunset.

NYC E-Scooter Regulations:

Here’s the highlights of the rules New York City imposes on e-scooter use:

  • Speed Limit: Riders cannot exceed 15 mph.
  • Where to Ride: E-scooters are allowed in bike lanes and on streets with speed limits up to 30 mph.
  • Sidewalk Restrictions: E-scooters are banned from sidewalks.
  • Helmet Requirements: Helmets are required for riders aged 16 and 17 (recommended for 18+).

Final Thoughts

E-scooters can be a great way to get around—eco-friendly, convenient, and let’s be real, a lot of fun. But with the increase in e-scooter injuries, it’s more important than ever to be aware of the risks and take steps to protect yourself. By following the safety tips outlined above and knowing what to do if an accident occurs, you can avoid becoming another statistic—and keep enjoying those scooter rides with peace of mind.

And remember, if you ever find yourself injured in an e-scooter accident, don’t hesitate to reach out to a qualified personal injury attorney who can help guide you through the legal process. After all, it’s better to have a little legal backup than to go it alone when things get tricky.

 

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about Michael Braverman

Michael Braverman

“After years serving as Assistant District Attorney for the NY County District Attorney’s Office, I’ve dedicated my law practice to personal injury, criminal defense, and police brutality. I treat clients like family. Ask me a question or let’s talk about your case today. You’ll be glad you did.”

—Michael Braverman

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