The proliferation of electric scooters in urban areas has created new categories of pedestrian accidents. E-scooter riders striking pedestrians, and pedestrians being struck while riding scooters, represent emerging areas of personal injury law. Understanding liability in these accidents helps victims pursue appropriate compensation.
The E-Scooter Safety Crisis
E-scooter injuries have skyrocketed since rental services launched in major cities. Studies show emergency room visits for e-scooter injuries increased by over 200% following their introduction. Pedestrians account for a significant portion of these injuries—struck by scooters on sidewalks, crosswalks, and shared paths.
Common scenarios include e-scooter riders traveling at 15-20 mph on sidewalks where pedestrians do not expect fast-moving traffic, riders weaving through crosswalks during pedestrian crossing phases, scooters left abandoned creating trip hazards, and riders losing control and striking nearby pedestrians.
E-Scooter Rider Liability
E-scooter riders who strike pedestrians are personally liable for resulting injuries under standard negligence principles. In many cities, riding e-scooters on sidewalks violates local ordinances, making the rider negligent per se. Even where sidewalk riding is permitted, riders must yield to pedestrians and operate at safe speeds.
Challenges arise in identifying riders who flee after accidents and determining whether riders have insurance coverage. Homeowners or renters insurance may cover some incidents, but coverage gaps are common.
E-Scooter Company Liability
Rental e-scooter companies like Lime, Bird, and others face various liability theories in pedestrian injury cases. These include negligent design of scooters that are difficult to control, inadequate safety warnings and rider education, enabling or encouraging illegal sidewalk riding, and failure to geo-fence scooters out of pedestrian areas.
Most rental agreements contain arbitration clauses and liability waivers, but these typically do not protect companies from injured third-party pedestrians. The pedestrian never agreed to any waiver.
Class action lawsuits have been filed against e-scooter companies alleging they constitute public nuisances by encouraging dangerous sidewalk riding and leaving scooters blocking sidewalks.
Pedestrians Injured While Riding E-Scooters
Pedestrians who become e-scooter riders face their own risks. When struck by vehicles while riding, these cases may be treated as bicycle or vehicle accidents depending on jurisdiction. Drivers have duties to watch for scooters, but riders also must follow traffic laws.
E-scooter defects—sudden braking, acceleration malfunctions, or handlebar failures—may support product liability claims against manufacturers. Injuries from potholes, debris, or road hazards may create claims against municipalities.
Scooter Abandonment and Trip Hazards
E-scooters abandoned on sidewalks create trip-and-fall hazards for pedestrians, particularly the visually impaired and elderly. Liability may fall on the last rider, the rental company for inadequate parking requirements, or property owners who allow accumulation on their premises.
Some cities have begun requiring e-scooter companies to respond to complaints within hours and imposing per-scooter fees to fund enforcement and injured pedestrian compensation funds.
Evidence Preservation in E-Scooter Cases
Document e-scooter accidents thoroughly. Photograph the scooter, including its identification number, which can identify the rental company and potentially the rider. Note the exact location and any surveillance cameras. If the rider fled, check if nearby scooters show the company logo—the same company likely rented the involved scooter.
Obtain witness contact information immediately. App data may show who rented the scooter at that time, obtainable through legal discovery.
If you have been injured in an e-scooter accident—whether struck by a rider, injured while riding, or tripped over an abandoned scooter—an attorney can help identify all liable parties and pursue full compensation.