Who Is Liable in an E-Scooter Accident?

Electric scooters (also known as e-scooters) have become a common sight on urban streets across the U.S., offering a convenient and eco-friendly alternative to cars and public transportation. But with their popularity comes a significant increase in e-scooter accidents, raising serious questions about liability. Who is responsible when an e-scooter crash results in injuries or property damage? The answer depends on the specifics of the accident.

In this blog, we’ll break down the common causes of e-scooter accidents, discuss the parties who may be held liable in a scooter crash, and provide recent data on the risks associated with e-scooter use.

The Rise of E-Scooter Use and Injuries

E-scooters became widely available in the U.S. around 2017, with companies like Bird, Lime, and Spin launching dockless rental fleets in major cities. By 2022, Americans took approximately 28 million trips on shared e-scooters, according to the National Association of City Transportation Officials (NACTO).

While these numbers highlight the growing popularity of micromobility, they also correlate with rising injury rates. A 2023 study published in JAMA Surgery reported that e-scooter injuries in the U.S. increased by nearly 450% between 2014 and 2018, and hospital admissions rose by 365% during that period.

The Consumer Product Safety Commission (CPSC) found that between 2017 and 2021, there were at least 117,600 emergency department visits associated with e-scooters, and 68 fatalities.

Common Causes of E-Scooter Accidents

Understanding liability begins with identifying how the accident occurred. E-scooter crashes typically fall into one of the following categories:

• Rider error or negligence
• Motor vehicle driver negligence
• Pedestrian interference
• Defective e-scooter parts
• Poorly maintained roads or bike lanes

These factors often overlap, and liability may be shared between parties.

Potentially Liable Parties in E-Scooter Accidents

1. The E-Scooter Rider

Riders may be liable if they caused an accident through reckless or unlawful behavior. Examples include:

• Riding on sidewalks where prohibited
• Failing to obey traffic signals
• Riding while intoxicated
• Carrying passengers
• Not yielding to the right-of-way
• Speeding

If a rider hits a pedestrian or swerves into traffic, they could be held responsible for any injuries or damages that result.

Insurance Note: Most personal auto insurance policies do not cover e-scooter accidents. Renters or homeowners’ insurance may cover some types of liability (e.g., if a rider hits a pedestrian), but coverage varies widely.

2. A Motor Vehicle Driver

In many e-scooter accidents, the rider is the victim. Drivers who are distracted, speeding, or fail to yield can cause severe injuries to scooter riders. In such cases, the driver may be liable and their car insurance can cover your injuries.

Examples of driver negligence:

• Turning without checking for scooter riders
• Opening a car door into a scooter’s path (“dooring”)
• Texting while driving
• Running red lights or stop signs

Because e-scooters are smaller and less visible than other vehicles, drivers often claim they “didn’t see” the rider. However, this is not a valid legal excuse in most states, including Illinois, where drivers owe a duty of care to others on the road.

3. The E-Scooter Company

Rental e-scooter companies may be held liable if a mechanical defect or maintenance failure caused the accident. Common product liability claims against scooter companies include:

• Brake failures
• Handlebar detachment
• Battery fires
• Malfunctioning lights or software glitches

Companies like Bird and Lime typically have user agreements that limit their liability and require arbitration, but these clauses don’t necessarily protect them from all lawsuits, especially if negligence can be proven.

4. A Pedestrian or Cyclist

In some cases, pedestrians or cyclists can be liable for an e-scooter accident. For instance:

• A pedestrian suddenly steps into a bike lane without looking.
• A cyclist veers unexpectedly and causes the scooter to crash.

Determining fault in these cases often comes down to witness statements, surveillance footage, or traffic camera footage.

5. The City or Municipality

Local governments may bear liability if road hazards contributed to the accident. Examples include:

• Potholes
• Poor lighting
• Lack of signage or lane markings
• Obstructions on sidewalks or bike lanes

However, suing a municipality is more complex due to governmental immunity laws. Most jurisdictions require a formal notice of claim within a short time frame, and damages may be capped.

What To Do After an E-Scooter Accident

If you’re involved in an e-scooter crash—whether as a rider, pedestrian, or driver—take the following steps:

1. Seek medical attention immediately.
2. Call the police to file a report.
3. Document the scene with photos or videos.
4. Collect contact information from witnesses and involved parties.
5. Preserve the scooter, if possible, especially if mechanical failure is suspected.
6. Consult an experienced e-scooter accident lawyer, particularly if significant injuries or liability questions are involved.

Helmet Laws and Liability

Only a few states require helmets for adult scooter riders. However, failure to wear a helmet may reduce compensation in some personal injury cases under the doctrine of comparative negligence. In Illinois, for example, if a jury finds the rider was more than 50% at fault for their injuries, they may not recover damages.

Insurance Coverage Challenges with Scooter Accidents

One of the biggest issues in e-scooter liability is insurance coverage. E-scooter rental companies like Bird and Lime offer limited liability coverage, typically for third-party injuries—but not for the rider themselves.

Additionally, most personal auto policies do not extend to scooters. However:

• A driver’s auto insurance may cover injuries if they were at fault.
• A pedestrian or cyclist’s homeowner or renters’ insurance might apply if they caused the crash.
• Some credit cards offer secondary insurance if you rented the scooter with their card.

Because coverage is so fragmented, victims should consult an attorney to identify all potential sources of compensation.

Contact the Award-Winning Illinois E-Scooter Accident Attorneys at John J. Malm & Associates

Determining who is liable in an e-scooter accident is complex. Fault may lie with the rider, a driver, the scooter company, or even the city itself. Because these accidents often involve multiple parties and limited insurance coverage, injured victims should speak with a knowledgeable personal injury attorney as soon as possible.

If you were injured in a scooter accident, you don’t have to navigate the aftermath alone. Contact John J. Malm & Associates for a free consultation. Our top-rated Illinois e-scooter lawyers can help you get the compensation you deserve.