Who’s at Fault in an Electric Scooter Accident? How to File Your Claim

Judge Dan Hinde

Throughout 2018 and into 2019, electric scooters have been booming across the nation.

Providing an easier way to get around town, these scooters have become popular for people that want to get from point A to point B a little faster.

That doesn’t mean that these scooters come without risks, however, as they can be dangerous in certain situations.

Being involved in a scooter accident can be a scary situation, but if you want to learn about determining fault and filing a claim, keep reading.

Potential Danger in Using Electric Scooters

There are not any official reports on how many injuries have been caused by electric scooters, but doctors and emergency room employees report that there is an increase.

Electric scooters are able to travel around 20 miles per hour, which is fast enough to cause some major injury in the event of an accident. If you’re all the way up to speed on a scooter, you need to be more careful than when you’re going slower.

Knowing the dangers of electric scooters can help you stay safe when you’re using one, so be prepared before you hit the road. There are hazards that electric scooters can pose to the riders, other drivers on the road, and pedestrians nearby.

Most of the time, electric scooters are very quiet and small, so they are hard for drivers to notice. You may notice an electric scooter has small wheels, so they aren’t as stable as a bike or a car. You can easily fall off if you hit a bump at faster speeds.

If you don’t have a lot of experience riding scooters, you need to exercise caution on electric scooters. There is no training available to rent a scooter and use it safely, but you need to be aware of surroundings at all times.

Be sure to wear a helmet if you decide to rent a scooter and other safety equipment may be warranted as well.

Who’s at Fault in a Scooter Accident?

Unfortunately, there are no federal laws to deal with electric scooter accidents, but many cities that allow them have created their own laws to increase safety.

For instance, in California, there is a statewide law that says anyone under the age of 18 has to wear a helmet if they are on an electric scooter. In the same state, it is the law to travel on electric scooters only on roadways where the speed limit is 35 mph or lower (unless there is a bike lane).

Determining the fault during a scooter accident will be based on the laws in your state, but if your state doesn’t have any laws yet, it’s much more up in the air.

Who is Liable for Damages?

Even when someone is as careful as possible when they are on an electric scooter, accidents are still a possibility.

In most instances, whoever was at fault for the accident is going to be liable. This could be the scooter rider or the driver of a vehicle. Negligence is the biggest factor in these types of accidents.

Similarly to when cars cause an accident, the liability for damages will be dependent on the specific situation.

Scooter Rider Causes an Accident

A scooter rider may accidentally merge into the road or do so without warning. This could cause a car to swerve, making the negligent scooter rider at fault for any accident that may occur.

In this situation, the scooter rider is liable for damages caused to any vehicles involved. If there were injuries, disabilities, or deaths caused by the negligence, the riders are liable for that as well.

Vehicle Hits a Scooter Rider

If a car hits a scooter because the driver is negligent, the car’s driver will be found at fault. This is similar to if a car were to hit a pedestrian or another car.

The driver in this situation would have to cover damages to the scooter and injuries to the rider. Luckily, car insurance is likely going to help cover the costs in these circumstances.

The Scooter Hits a Car

It is the scooter rider’s responsibility to keep control of the scooter and maintain a safe speed. If the scooter hits a car or the rider accidentally drives into a vehicle, the rider is liable for damages.

This is the same as if the scooter rider was driving a car, as they would be liable in that situation as well.

How to File a Scooter Accident Claim

Filing an electric scooter accident claim is complicated, especially when the laws in your state are less specific. You need the help of a qualified and experienced accident attorney to guide you along the way.

You must have supporting evidence, such as photos of the accident, police reports, or medical reports. This will help you during the process of filing a claim, so having it ready from the beginning is crucial.

Your attorney will help you study the case and figure out what you need to do next.

A person can receive compensation following a scooter accident for lost wages, medical expenses, psychological damages, and loss of property.

Have You Been Involved in a Scooter Accident?

After a scooter accident, you need to get some professional assistance from an accident attorney.

They will give you the information you need to be successful in filing a claim and getting compensation for someone else’s negligence.

Be sure to check out the rest of our website for more insightful articles relating to all things law.

Jackson Williams

Jackson Williams is a writer with Attorney at Law Magazine. He has written for the publication for more than six years.

Comments 2

  1. Judy says:

    I was hit in a independent living place . It’s full of elderly folks, well this habitual bad driving scooter granny is full speed down the hall rolling right at me , I am 86 I braced for impact and she sure hit me and knocked me down and her off her motorized scooter, it was stuck on full speed , stearing in a circle and whack it hit me again and it hurt so bad I laid there and was hit one last time and it tipped over I was hit , hurt and scared . I refused an ambulance to go to hospital, I send staff for my late husband’s scooter and staff put me in it and walked me back to my room, I nursed and landed in bed 4 days not using my sore bones and muscles with ice packs and heating pads . But dishes where adding up and I parked the chair in the kitchen shoes on ready to get my dishes all clean , soon as I put weight directly standing pop snapp I go down in a world of pain with a broken hip , my hip was fractured and a little weight on it snapped it . I am just now able to walk assistance of course. She moved out , bills are coming and staff are trying to hush me with nothing they can do and they are not at fault and we are here to help you but they are looking out for there best interests and I need someone who will hold both party’s accountable the company who owns build , and the lady who hit me on her out of control scooter or hover round moved so I have all her info along with documentation from start to finish .

  2. Exzor An says:

    I got into an scooter incident last week and the van right turn on a small street, I was riding my scooter straight on the sidewalk when the van turned without signal and without looking at the side mirror, after he hit me he came down and ask if I was ok, I said no my stuff are broken, he showed me where he worked and he told me his going to pay for my stuff if I don’t call a police, he gave me his number for me to be able to contact him so we can meet at a certain day. Then the day came he never called and never answer his phone. The next day I came back to his work place and they threatened me that I was the one who hit the van and the camera will prove it. That didn’t make sense to me because I was going forward when his the one turning right to a street. What can I do to straightened this situation?

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