Scooter Accidents

Electric Scooter Accidents and Personal Injury Claims: Understanding Your Legal Options 

The rise of electric scooters has transformed how people navigate California’s urban spaces. However, this convenience comes with a sharp increase in accidents. Whether you are a scooter rider injured by an opening vehicle door, a pedestrian struck on a walkway, or a rider hurt because of a defective rental scooter, injuries introduce unique legal challenges.

Because micro mobility infrastructure is so new, resolving an e-scooter personal injury claim requires looking past standard car insurance rules.

Injured electric scooter rider

What Makes an E-Scooter Accident Different for Your Claim?

The Lack of Physical Protection

Similar to pedestrians, electric scooter riders are completely exposed. Traveling on an electric scooter alongside vehicles with limited protection can result in serious injuries when collisions occur. Broken wrists, facial lacerations, clavicle fractures, and concussions are incredibly common. 

Because of the physical vulnerability involved, an e-scooter claim should account for the full impact of your injuries to fully cover emergency room bills, specialized dental or orthopedic surgeries, and any missed time at work while you recover.

Electric scooter rider

Who is liable in an electric scooter accident in California depends on how the crash occurred. A negligent driver may be responsible for striking a scooter rider, while a scooter rental company or manufacturer may potentially be responsible when defective equipment or improper maintenance contributes to an accident. Liability may also involve another party responsible for an unsafe property or roadway condition, depending on the circumstances. In some accidents, more than one party may share responsibility. Determining liability therefore requires examining the collision, available evidence, scooter condition, and conduct of everyone involved.

Complex Liability and the “User Agreement” Defense

If you are injured on a rented e-scooter due to a mechanical issue such as a sudden brake failure or a locked handlebar, suing the rental company is not straightforward. When you download a rideshare scooter app, you are forced to agree to a dense terms-of-service contract. These agreements may contain liability waivers and arbitration provisions that can affect how a claim is handled. 

Overcoming these defenses requires a personal injury attorney who can look into maintenance logs and determine whether exceptions apply, such as evidence of negligence, a product defect, or other factors affecting liability. .

California’s Strict Scooter Rules of the Road

Insurance adjusters are paid to shift the blame onto scooter riders by claiming they were breaking traffic laws. Under California Vehicle Code (CVC) § 21235, electric scooters operate under strict legal guidelines:

  • The Sidewalk Ban: California law generally restricts riding electric scooters on sidewalks, although local rules may vary. 
  • The Driver’s License Requirement: California requires electric scooter riders to have a valid driver’s license or instruction permit. 
  • The Single-Rider Rule: Tandem riding (carrying a passenger) is strictly prohibited.

If a negligent driver hits you, their insurance company will immediately check if you violated any of these rules to try to lower your payout. However, because California uses a comparative negligence system, even if you were riding outside a bike lane, you may still be able to pursue compensation  if the motorist’s speeding or distracted driving was the primary cause of the collision.

A scooter accident claim should be supported by evidence showing how the collision happened, who may have been responsible, and how the injuries affected the victim. Useful evidence may include photographs or video, witness information, police reports, medical records, rental-app or trip information, and records concerning the scooter’s condition when equipment failure is suspected. Avalon Law Firm can evaluate this evidence, identify potentially responsible parties, communicate with insurers, and pursue compensation available under California law.

Electric rental scooter

Speak With Avalon Law Firm Today

Navigating the overlapping rules of tech companies, corporate insurance policies, and California vehicle codes is a heavy burden when you are trying to heal. 

At Avalon Law Firm, we help clients navigate these challenges while they focus on recovery. We handle the paperwork, challenge unfair liability waivers, and pursue compensation for medical expenses, lost wages, and other damages related to your injuries.

Every case is unique, and the outcome of any personal injury claim depends on its specific facts, the available evidence, and applicable law.

If you have been injured in an e-scooter accident, don’t guess at your legal options. Call us today at 818-251-8787 for a completely free consultation.

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