Was your electric scooter accident simply unfortunate timing, or could someone be legally responsible? Many riders don’t realize that California streets represent a complex maze of liability where riders, companies, drivers, and even city planners may all share fragments of responsibility. When medical bills and lost wages start piling up, the question becomes: who actually pays? Determining liability in e-scooter accidents requires understanding multiple factors.
What Recent Statistics Tell Us About E-Scooter Accidents
As many riders enjoy the convenience of zooming around on e-scooters, statistics reveal an unfortunate downside:
- According to the most recent data from the U.S. Consumer Product Safety Commission (CPSC), injuries from micromobility devices (e-bikes, e-scooters, hoverboards, increased nearly 21% in 2022 from 2021, with e-scooter injuries specifically rising 22% year-over-year.
- A 2024 study from UC San Francisco published in JAMA Network Open found that e-scooter injuries rose by approximately 45% each year from 2017 to 2022.
- CPSC also reported hospital emergency departments treated an estimated 360,800 injuries related to micromobility products from 2017 through 2022. About 36% of these injuries involved children 14 years and younger—double their proportion of the overall population.
- A UCLA study found that in Los Angeles, there are approximately 115 injuries per 1 million e-scooter trips, exceeding the national rates for bicycles, passenger cars, and even motorcycles.
- Research from UCLA revealed that only 4% of riders injured in e-scooter accidents were wearing helmets at the time of their accidents.
Who Can Be Held Responsible for Your E-Scooter Accident?
After an e-scooter accident, multiple parties may share responsibility:
E-Scooter Riders
Yes, you have specific responsibilities when riding an e-scooter. According to California Vehicle Code §21221, e-scooter drivers have the same rights and responsibilities as motor vehicle drivers, including prohibitions against driving under the influence. California Vehicle Code 22411 sets a speed limit of 15 miles per hour on e-scooters.
Motor Vehicle Drivers
Did a car hit you while you were on an e-scooter? The driver may be liable if their negligence caused your accident. Responsibility often comes down to the same factors that determine any vehicle accident claim: who was at fault, whether traffic laws were violated, and if there are witnesses who can verify what happened.
E-Scooter Companies
Those liability waivers you click through when renting an e-scooter aren’t bulletproof. The companies that manufacture and rent e-scooters can be held liable for product defects or inadequate maintenance. While most e-scooter companies require riders to sign liability waivers before using their services, these can be challenged in court under certain circumstances.
Government Entities
Hit a pothole or damaged sidewalk that caused your accident? Local governments responsible for road maintenance may be liable if these hazardous conditions contributed to your accident. According to a UCLA researcher who has studied hospitalizations resulting from e-scooter accidents, “Infrastructure is not set up for scooter riders to kind of cohabitate peacefully with drivers and pedestrians.”
California’s Comparative Negligence System
California follows a “pure comparative negligence” system, which means that multiple parties can share responsibility for an accident. Under this system, any party that contributed to your e-scooter accident through negligence can be held liable for damages. Your compensation may be reduced by your percentage of fault, but you can still recover damages even if you were partially responsible.
California E-Scooter Laws You Should Know
California’s e-scooter laws can help establish liability in your accident case:
- You must possess a valid driver’s license or learner’s permit to ride an electric scooter in public.
- You must be at least 16 years old to legally operate an e-scooter, provided you hold a valid learner’s permit.
- You cannot ride e-scooters along sidewalks unless entering or leaving adjacent property.
- You can ride electric scooters on roads with speed limits of 25 mph or less. If the speed limit is higher, a class II bicycle lane must be adjacent to that roadway for electric scooters to be permitted.
- California Vehicle Code 21235 prohibits riding without proper brakes, on highways with excess speed limits, without helmets (for those under 18), without a valid license, with passengers, while carrying items that prevent keeping one hand on the handlebars, on sidewalks (except to enter/leave property), with elevated handlebars, or while attached to another vehicle.
Evidence That Strengthens Your E-Scooter Injury Claim
Want to build the strongest case possible after your e-scooter accident? You’ll need, for instance:
Medical Records
Medical records document your injuries and show you sought prompt medical attention after the accident. This establishes a clear connection between the accident and your injuries.
Accident Scene Documentation
Photos, videos, and witness contact information all support your version of events. Avoid discussing who was at fault at the scene, as statements you make might be used against you later.
Official Reports
A police report provides an official account of what happened, which becomes valuable for your insurance claim or legal proceedings.
Witness Statements
Statements from people who saw the accident happen provide independent support for your claim, especially when establishing fault.
Time Limits for Filing Claims
In California, you have two years from the date of an accident to file a personal injury lawsuit. Claims against government entities (such as for road maintenance issues) typically have shorter deadlines.
Steps to Take After an E-Scooter Accident
After an e-scooter accident, take these steps to protect your right to compensation:
- Seek medical attention right away, even for injuries that seem minor
- Report the accident to police and get an official report
- Document the scene with photos and videos
- Collect contact information from witnesses
- Avoid discussing fault or giving statements to insurance companies
- Contact an experienced personal injury attorney
How Penney & Associates Can Help
E-scooter accidents create a complex web of liability questions. Our experienced personal injury attorneys cut through this complexity to determine who should pay for your injuries. While you focus on recovery, we focus on maximizing your compensation. Contact Penney & Associates today for a free consultation to discuss your case and learn how we can help you recover damages for medical expenses, lost wages, pain and suffering, and more.
Read More
Policies, Settlements, and Pitfalls: A Quick Guide to Insurance Claims
Distracted Driving: The Most Dangerous Cities for Pedestrians
Finding Your Champion: What Sets the Best Personal Injury Law Firms Apart?