E-Bike and E-Scooter Injuries: Who Is Liable?

Liability for an e-bike or e-scooter injury depends on who caused the accident and whether another party contributed to the harm. A negligent or reckless rider, defective-product manufacturer, or local government responsible for unsafe conditions may be liable. An injured person generally must prove duty, breach, causation, and damages. Violating traffic laws may establish negligence per se, while helmet-law violations and e-scooter classifications can affect comparative fault.

For legal advice about e-bike and e-scooter injuries, talk to a personal injury attorney.

Determining Liability in E-Bike and E-Scooter Accidents

In a personal injury case, the injury victim must prove the defendant is liable for their accident damages. Most e-bike and e-scooter accidents involve negligence claims. To prove negligence, the injury victim must prove the following elements:

• The defendant owed the plaintiff a duty of care
• The defendant breached the duty of care
• The defendant’s actions caused the accident
• The plaintiff suffered harm

Drivers, pedestrians, and e-bike riders all owe others on the road a duty of care to act like a reasonable person. If someone breaches their duty of care by acting unreasonably, including reckless riding or violating traffic laws, they may be liable for causing an accident.

Showing the defendant violated traffic laws is a common way to prove liability. If a driver or e-bike rider didn’t follow traffic laws and their riding or driving caused the accident, they are generally negligent per se. Evidence to support a negligence claim can include:

• Eyewitness testimony
• Video, dashcam, or helmet cam footage
• Phone records
• Photos of the accident scene
• Police report

Liability is often in dispute in e-bike and e-scooter accidents. The parties may have to litigate the case in court. If the case doesn’t settle, a jury can determine liability and the amount of damages the injured person can recover.

Local E-Bike and E-Scooter Laws Affect Claims

Liability for e-bike and e-scooter injuries varies by state and local laws. Some local laws treat e-bikes and e-scooters as motorized vehicles, applying many of the same traffic-law standards as cars and motorcycles. In some cases, riders must carry a driver’s license to ride motorized scooters.

Local laws may also require riders to use the road and prohibit e-bikes and e-scooters on sidewalks. If a rider violates local traffic laws, they may be negligent if their actions cause an accident.

Other local statutes that affect scooter and bike injury claims depend on helmet laws. Many states and municipalities require e-bike and e-scooter riders to wear a helmet. Helmet laws most often apply to younger riders. Not wearing a helmet does not mean you are liable for an accident, but it could affect your damages.

The insurance company may try to reduce your compensation because you did not wear a helmet, which could have made your injuries more severe. Talk to a local personal injury lawyer about how your local laws can impact your injury claim.

If the E-Scooter or E-Bike Rider Causes the Accident

Most e-bike and e-scooter accidents result from operator error. Riders may operate these electric-powered vehicles at high speeds on busy sidewalks or against traffic. Rider causes of accidents can include:

• Rider inexperience
• Distracted riding
• Riding under the influence
• Riding without required lights at night
• Failure to yield the right of way to pedestrians
• Riding on sidewalks where not allowed
• Speeding and ignoring traffic signals

When an e-bike or e-scooter rider hits another vehicle, the driver is generally unharmed, but the vehicle may sustain damage. The riders generally suffer more serious injuries. However, if the rider negligently caused the accident, they may be liable for their injuries. Other victims in an e-bike or e-scooter accident include pedestrians and other cyclists.

If the Car Driver Causes the Accident

Some of the most serious e-bike injuries involve negligent drivers hitting cyclists or scooter riders. Many e-bike and e-scooter riders lack protective equipment, such as helmets. This can lead to concussions, broken bones, and traumatic brain injuries (TBIs). E-bike and e-scooter accidents include dooring and motor vehicle collisions. Common causes of driver liability for e-bike and e-scooter injuries include:

• Drivers not looking in their blind spots for approaching riders
• Failure to yield to e-bikes in bike lanes or e-scooters in crosswalks
• Distracted driving
• Drowsy driving
• Driving under the influence of alcohol or drugs
• Speeding or ignoring traffic lights

Defective E-Bike or E-Scooter Accidents

If you use an e-scooter or e-bike share app, the rental company may be liable for injuries caused by faulty brakes or poor maintenance. Defective brakes can make it hard to stop at a traffic signal or intersection, increasing crash risk. Poor maintenance could cause a rider to lose control and crash.

Other e-bike and e-scooter accidents result from defective parts or poor maintenance. E-bike and e-scooter manufacturers and sellers are liable for injuries caused by defective products. Injury victims can file a product liability claim against the manufacturer, distributor, or vendor for injuries caused by design defects, manufacturing defects, or failure to warn of unknown risks.

City or Local Government Liability

Government entities may be liable for hazardous road conditions that lead to an accident. Potholes, uneven sidewalks, and road debris can make riding more dangerous for e-scooters and cyclists. Government agencies can be liable for failing to keep roads in good repair.

Before you file a claim against a local government entity for an e-bike or e-scooter accident, you often must file notice within strict deadlines. Some government entities require notice within 30 to 90 days after an accident. If you’re in an e-bike or e-scooter accident, contact an attorney as soon as possible to file your claim on time.

Who Pays for Electric Bike or Scooter Accidents?

The at-fault party may not pay for an electric scooter or bike accident. When the liable party has insurance coverage, the insurance company can pay for damages. The type of insurance coverage depends on the parties involved, where the accident occurred, and the type of insurance.

Auto Insurance Policies

When drivers are involved in a collision with a vehicle and a micromobility device, their auto insurance policy generally applies. Car insurance coverage applies to car accidents with drivers and non-drivers (pedestrians, cyclists, e-bikes, etc.). Depending on who is legally responsible, injury victims can file a claim against the driver’s insurance or through their own auto policy.

Homeowners’ Insurance Coverage

Riders may expect their renters’ or homeowners’ insurance to cover accidents involving their e-scooter or e-bike. Homeowners’ insurance generally covers injuries from regular bike accidents and property damage. However, these claims generally exclude accidents caused by motorized vehicles, which may include e-bikes and e-scooters, depending on state law.

Homeowners’ policies do not cover e-bikes and e-scooters, and most riders lack dedicated coverage for their mobility devices. It is difficult to obtain separate e-bike or e-scooter coverage. Instead, riders may be personally liable for injuries caused by negligent riding.

E-Bike or E-Scooter Rental Company Coverage

Many riders using bike shares or e-scooter rental apps think the company provides liability coverage if they are injured in an accident. However, most companies don’t provide any third-party liability coverage. In fact, rental agreements generally require users to waive any claims against the company.

Some markets require the companies to provide liability coverage. Lime scooters provide riders with general liability coverage in Cincinnati, Ohio, and California. Other rental companies, like Bird, provide no liability coverage.

Health Insurance Coverage

If no party is liable for your injuries, your health insurance will cover your medical care. If you later receive a personal injury settlement or award to cover your damages, your health insurance may seek reimbursement for medical treatment through subrogation.

What if There Are Multiple Causes of an Injury Accident?

Accidents involving e-bikes and e-scooters don’t always make it clear who caused the accident. In many accidents, multiple parties share fault. The injury victim may also share liability. This can complicate liability and how much you can recover.

Under joint and several liability, the injury victim can recover full compensation from any defendant. However, some states allow injury victims to recover only based on each defendant’s portion of fault. Other states allow victims to recover the full amount as long as a defendant has a certain level of fault (generally 50% to 51%).

Compensation can also depend on whether you were at fault and your share of liability. Juries and courts can allocate liability between multiple parties in a personal injury claim, totaling 100%. Your damage claim depends on how much fault you contributed to the accident.

Most states use comparative negligence for liability claims. This lets you recover up to the other party’s level of fault. For example, if you suffered $10,000 in damages and were 10% at fault, you can recover $9,000 from the other party. Some states cut off recovery if you were 50% or more at fault. For example, if you were 60% at fault, you cannot recover damages.

Only a few states follow the harsh pure contributory negligence policy. In these states, if you were even 1% at fault, you cannot recover any damages.

Types of E-Bike and E-Scooter Accident Damages

Even minor electric scooter and bike injuries, like road rash, can be costly. E-bike shares and e-scooter app rentals often operate in heavy traffic, putting riders next to large vehicles. With small wheels and an unstable design, e-scooter riders can suffer serious injuries. Some head and spinal cord injuries can cause permanent disability or disfigurement.

E-bike or scooter accident damages include economic and non-economic damages. Economic damages include medical bills, lost wages, property damage, future lost income, and future medical expenses. Non-economic damages include pain and suffering and mental distress.

Getting Compensation for Motorized Scooter Injuries

A personal injury lawyer can help you get compensation for your e-bike or e-scooter injuries. An attorney can prove the other party is liable and negotiate a settlement to cover your medical bills and lost wages. For more information about e-bike and e-scooter claims, contact a personal injury lawyer for legal advice.