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Writer's pictureColleen Joyce

E-Scooter Accidents: Navigating the New Legal Landscape

Updated: Sep 18



E-Scooter Accidents

What to Know About E-scooter accidents and micromobility's rise:

  • The Rise: E-scooter popularity is soaring, but so are accidents and injuries.

  • The Risks: Lack of regulations, safety features, and rider experience contribute to these incidents.

  • The Challenges: Determining liability, securing insurance coverage, and navigating regulations are complex.

  • Your Role: As a lawyer, you must stay informed to protect your clients in this evolving field.

The wind whipping through your hair, the sun on your face, the ease of zipping through traffic... E-scooters and other micromobility devices offer an enticing solution to urban congestion and short-distance travel. But as their popularity soars, so does the number of accidents and injuries associated with them. This new wave of transportation is creating a complex legal landscape that lawyers must learn to navigate.

The Rise of Micromobility and the Accompanying Risks

E-scooters, e-bikes, and other micromobility devices have exploded onto city streets in recent years, offering a convenient and eco-friendly alternative to cars. However, their rapid adoption has outpaced the development of clear regulations and safety guidelines, leading to a surge in accidents and injuries.

The Complexities of Liability

When an e-scooter accident occurs, determining liability can be a challenging puzzle. Is the rider at fault? The e-scooter company? The city or municipality? Or perhaps a combination of factors?

Factors such as rider negligence, product defects, inadequate infrastructure, and even the actions of other road users can all play a role in determining liability. Lawyers must carefully analyze the facts of each case to identify all potentially responsible parties and build a strong case for their clients.

Insurance Coverage: A Patchwork of Policies

Insurance coverage for e-scooter accidents is another area of complexity. Personal auto insurance policies may not cover e-scooter accidents, and e-scooter companies often have limited liability waivers in their user agreements.

Navigating the patchwork of insurance policies and determining who is ultimately responsible for covering medical expenses and other damages can be a daunting task. Lawyers must be well-versed in the nuances of insurance law to ensure their clients receive the compensation they deserve.

The Evolving Regulatory Landscape

As the micromobility industry continues to grow, cities and states are scrambling to implement regulations to address safety concerns. These regulations can vary widely, from helmet requirements and speed limits to restrictions on where e-scooters can be ridden and parked.

Staying abreast of these evolving regulations is critical for lawyers handling e-scooter accident cases. Understanding the applicable laws and how they may impact liability and damages is essential for building a successful case.

Protecting Your Clients in the Age of Micromobility

If you're a lawyer representing clients injured in e-scooter accidents, it's crucial to stay informed about the latest legal developments and strategies. Here are a few tips to help you navigate this new legal landscape:

  • Thoroughly investigate the accident: Gather all available evidence, including police reports, witness statements, medical records, and any data from the e-scooter itself.

  • Identify all potential liable parties: Don't just focus on the rider. Consider the e-scooter company, the city, and any other parties who may have contributed to the accident.

  • Review insurance policies carefully: Determine what coverage is available and who is responsible for paying damages.

  • Stay up-to-date on regulations: Be aware of the latest local and state laws governing e-scooters and how they may impact your case.

The Road Ahead

The future of micromobility is bright, but it's also fraught with legal challenges. As e-scooters and other devices become more integrated into our transportation systems, lawyers must be prepared to tackle the complex issues of liability, insurance, and regulation.

The question is: Are you ready to navigate the new legal landscape of e-scooter accidents and protect your clients in the age of micromobility?

By the Numbers:

  • Injuries associated with e-scooters and other micromobility devices increased by nearly 21% in 2022, according to the Consumer Product Safety Commission (CPSC).

  • A study in France revealed that e-scooter accidents often result in severe injuries comparable to those from bicycle and motorcycle accidents, with a concerning fatality rate of 9.2%.

  • A survey found that a significant percentage of e-scooter riders are unaware of the potential liability they face in accidents.

  • Many personal auto insurance policies do not extend coverage to e-scooter accidents.

  • Over 100 U.S. cities have implemented e-scooter regulations, but the rules vary widely.

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