“E-scooters are convenient, but when a rider is seriously hurt the legal questions can be complicated, from vehicle classification and licensing, to who maintained the scooter and the condition of the roadway. If you’ve been injured, it’s important to have an experienced injury attorney to protect your rights.” — John J. Malm, Naperville e-scooter accident lawyer

What Illinois Law Says

In 2024 the Illinois legislature passed a law creating a statewide regulatory framework for low-speed electric scooters (Public Act 103-0899). Key statewide provisions include:

• A definition of “low-speed electric scooter” and rules that exempt many such scooters from vehicle registration and title requirements.
• Minimum age rules (many sources note riders must be 16 or 18 depending on the particular municipal ordinance and the specific classification used).
• A prohibition on operating a low-speed scooter on highways with speed limits above a statutory threshold (often 35 mph).
• Grants to municipalities to authorize, prohibit, or further regulate scooter use locally.

Bottom line: you should check both the state law classification and your city or village’s local ordinance. Some towns have added requirements (for example, several suburbs adopted rules that require a valid driver’s license to use e-bikes/e-scooters on streets within their jurisdiction).

Local Rules: Municipalities Vary

Because Illinois gives local governments authority to regulate whether and how e-scooters operate, you’ll find different rules across the state:

• Some municipalities allow low-speed e-scooters but require riders to be 18 or older, require helmets for under-18 riders, and ban sidewalk riding.
• Others (some suburbs) have required a valid driver’s license to use motorized scooters on their streets effective certain dates in 2025.
• Chicago historically allowed shared e-scooters under a permit system; suburbs may adopt stricter limits or bans.

Always check your city or village website or local police department guidance before riding.

E-Scooter Injuries and Hospitalizations are Rising

Micromobility injuries, including e-scooters and e-bikes, have grown substantially in recent years.

• A large (multi-year, national) analysis published in JAMA Network Open found that e-scooter injuries increased sharply between 2017 and 2022, with tens of thousands of emergency department visits by 2022. The study reported a very large increase in e-scooter injuries (e-scooter injuries rose substantially over the study period). The authors concluded that the rise in micromobility injuries underscores the need for improved infrastructure, helmet use, and policy changes.
• The U.S. Consumer Product Safety Commission (CPSC) reported that micromobility device injuries increased nearly 21% in 2022 from 2021, and highlighted surges in e-scooter and e-bike emergency visits.
• Evidence syntheses from public health groups and other studies point to large increases in both nonfatal and serious injuries for e-bikes and e-scooters, with head and face injuries common and helmet use low among injured riders.

Those trends matter legally: if e-scooter use is rising and injuries are common, liability questions (who’s at fault, whether a vehicle or the city’s infrastructure was a factor, product defects, maintenance of share scooters) become more frequent.

Typical Causes of E-Scooter Crashes

Most e-scooter injuries come from:

• Falls (losing control, hitting a pothole, curb, or uneven surface): the most common cause.
• Collisions with vehicles (far less frequent but often more severe).
• Alcohol or impairment: many emergency-room studies report a high proportion of riders had consumed alcohol, especially at night.
• Lack of helmet use: head and facial injuries make up a large share of serious injuries.

Practical Tips if You Ride an E-Scooter or Were Injured

• Check the classification of your scooter. If it’s a high-speed or gas-powered scooter that meets vehicle definitions, licensing/registration and insurance may be required. If it’s a low-speed e-scooter within the state definition, state exemptions may apply, but local rules still matter.
• If you’re injured, document everything: photos of the scene, the scooter, road defects, witness contact info, and medical records. Preserve a copy of any shared-scooter ride receipt or app data.
• Seek medical attention immediately: some internal injuries aren’t obvious at the scene. Hospitals and ER records are critical evidence.
• Contact an experienced Illinois e-scooter accident attorney: Issues can include city roadway maintenance liability, driver negligence, defects in the scooter, or failure of the scooter company to maintain its fleet.

Frequently Asked Questions about E-Scooters

Q: Do I need a driver’s license to ride a shared e-scooter in Chicago?
A: For most shared low-speed e-scooters permitted by the city, no separate driver’s license is required, but you must follow Chicago’s permit rules and local safety requirements. Always check the latest Chicago Department of Transportation guidance.

Q: Are helmets required in Illinois?
A: Helmet rules vary. Some state provisions and municipal ordinances require helmets for riders under a certain age; overall helmet use among injured riders has been low in studies. Even if not legally required where you ride, wearing a helmet greatly reduces the risk of head injury.

Q: What if I’m injured by a car while riding an e-scooter?
A: You may have a personal injury claim against the at-fault driver. Liability depends on negligence rules, comparative fault, and the crash circumstances. Keep medical records and scene evidence and consult an attorney right away.

Q: Can the scooter company be liable for my injuries?
A: Possibly, if the scooter was defective, poorly maintained, or the company failed to warn of a known hazard. Shared-scooter app data and maintenance logs can be important evidence.

Q: Where can I learn my municipality’s exact rules?
A: Check your city/village website or local police department pages for e-scooter or micromobility guidance (many Illinois towns publish their rules and any effective dates).

Contact the Dedicated Illinois E-Scooter Accident Lawyers at John J. Malm & Associates

E-scooters are a great transportation option, but the legal landscape in Illinois now depends on a mix of state definitions and local ordinances. Injuries from these vehicles have climbed sharply nationwide, making awareness and caution essential. At John J. Malm & Associates, we have extensive experience representing clients who have been injured in accidents involving cars, trucks, bicycles, and emerging forms of transportation like e-scooters. We understand that these cases can raise unique questions about licensing, liability, and responsibility. Our team of Illinois scooter accident attorneys is dedicated to helping injured victims secure the compensation they deserve for medical bills, lost wages, and pain and suffering. If you or a loved one has been hurt in an e-scooter accident, call our office today for a free consultation and let us fight for your rights.

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.