Electric scooters have become a very common sight in American cities today. While they are convenient and easy to use, they are also increasingly involved in serious accidents. 

The legal rules that handle scooter injury claims are currently fragmented and still changing. These rules are very different from the well-established laws that govern car accidents. 

How Big Is The Problem?

Injuries related to scooters have grown quickly alongside their popularity. The Consumer Product Safety Commission reported that injuries requiring emergency room visits went up by over 70% between the years 2017 and 2022. 

A 2022 study published in JAMA Surgery found that scooter injuries in city hospitals were actually more severe on average than bicycle injuries. Head trauma represents a very high number of these serious cases. 

This data shows that while scooters seem small, the physical damage they cause to a person can be quite significant.

Who Can Be Liable In A Scooter Accident?

Deciding who is responsible for a scooter crash is more complex than most riders think. Several different groups may share the blame depending on the cause of the incident.

The Scooter Company

Companies like Bird or Lime are responsible for maintaining their fleet. If a brake fails or a handle collapses, the company’s maintenance records become a key part of the case. They have a duty to ensure the devices they put on the street are safe for public use.

The Rider And Motor Vehicle Drivers

The rider may be at fault if they hit a pedestrian or break traffic laws like running a red light. Conversely, a motor vehicle driver may be liable if they strike a scooter rider with their car or truck. Because scooters are often quiet and small, drivers frequently fail to see them in time.

Property Owners And Municipalities

A property owner could be responsible if a hole in the ground or poor lighting on their land caused the fall. Similarly, if a city fails to maintain the road or allows dangerous obstacles to block bike lanes, the local government might be held liable for resulting injuries.

Understanding The Waiver Problem

Before you can unlock a scooter, you must agree to the terms of the service contract on your phone. These almost always include “liability waivers.” These are agreements where you promise not to sue the company if you get hurt. 

However, whether these waivers actually work depends on which state you are in. Some states have found that these waivers cannot be used if they are too hard to read on a small screen or if the company was extremely careless. 

According to a 2022 review, courts in California, New York, and Washington have been more willing to ignore these waivers. This is especially true when a lack of repairs caused the injury. A waiver is a legal hurdle, but it is not always a total bar to getting help.

How Helmet Laws And Comparative Fault Apply Here

Rules about wearing a helmet change depending on the city or state. Some places require them for everyone, while others only require them for kids. Many cities have no helmet laws at all. 

If there is a law and you do not wear a helmet, your legal recovery can be lowered under comparative fault rules. This means if you are hurt by someone else, your payment might still be reduced because you did not protect yourself. 

If there is no law, not wearing a helmet carries less legal weight. However, insurance lawyers will still try to use it against you to lower your payout.

Scooter accidents involve many layers of responsibility. If you are hurt, you should document the scene, take photos of the scooter’s condition, and see a doctor immediately. Consulting a lawyer before talking to an insurance company is the smartest move you can make to protect your rights.