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E-Scooter Accident Laws: Determining Liability and Securing Compensation

10.29.2024 Brian O'Connor Category: Accidents

In the past decade, electric scooters went from being a rare site to incredibly common. These devices have become popular as a way to get around town. Many cities and towns even have e-scooters available for rental, such as Lime, Bird, and Veo scooters that you might find around New York City.

While e-scooters are a convenient way to get around, they can be dangerous for riders, pedestrians, bicyclists, and anyone else on the road. An e-scooter rider who isn’t paying attention to where they’re going might hit someone who is walking, jogging, or riding their bike. At the same time, negligent drivers may hit a person on an e-scooter as they ride in a bike lane or on the road.

The O’Connor Personal Injury Firm represents accident victims in Staten Island and beyond who have been hurt in all types of accidents – including e-scooter crashes. We’ll stand by your side throughout the legal process, helping you get financial compensation for your lost wages, property damage, medical expenses, and more. Reach out today to talk to a Staten Island personal injury lawyer about your case.

New York Electric Scooter Laws

In New York, an electric scooter is defined as a motorized device that has handlebars, a floorboard, or a seat that can be ridden by an operator. They are powered by an electric motor. Electric scooters may have a maximum speed of 20 miles per hour (mph), but it is illegal to operate an electric scooter in New York in excess of 15 mph.

While electric scooters are legal in New York, there are rules about where you can drive them. E-scooter riders can operate them on some streets and highways with a posted speed limit of 30 mph or less. Municipalities can also regulate the operation of e-scooters within their jurisdiction. It is not legal to operate an e-scooter on a sidewalk except as authorized by local law.

You don’t need a license to operate an e-scooter. However, there are rules regarding who can operate an electric scooter. You must be at least 16 years of age to operate an e-scooter. If you’re under 18, you must also wear a helmet while on an e-scooter.

Significantly, you do not need to obtain insurance in order to operate an electric scooter. While this can make it less expensive to use this mode of transportation, it also means that you may not be protected in the event of an accident.

Common E-Scooter Injuries

E-scooters are popular for a good reason – they’re relatively inexpensive, convenient, and eco-friendly compared to cars. But at the same time, both e-scooters and electric bikes can be dangerous. A report from the U.S. Consumer Product Safety Commission (CPSC) determined that injuries associated with these devices increased 21% from 2021 to 2022.

One reason that so many people suffer injuries in e-scooter crashes is that they don’t wear helmets. As a result, many people in e-scooter accidents suffer serious injuries like traumatic brain injuries (TBI), broken bones, and death. Per the CPSC, 233 people died in electric scooter accidents between 2017 and 2022. Some of the more common injuries associated with these accidents include fractures, contusions (bruises), and abrasions or road rash.

If you have an electric scooter, there are some things that you can do to keep yourself – and others – safe. You should:

  • Wear a helmet – even if you aren’t required to do so under New York law.
  • Never operate an e-scooter under the influence of alcohol and/or drugs (drunk driving is an issue for mobility devices, too!).
  • Use your bell or horn to let people know that you are behind them.
  • Only ever ride by yourself on an e-scooter. 
  • Stay aware of your surroundings, including bumpy surfaces and loose gravel.
  • Ride slowly, under the 15 mph speed limit if necessary.
  • Drive defensively – which includes riding with the expectation that pedestrians, bicyclists, and drivers may not see you.
  • Operate your e-scooter predictably, not making sudden stops or turns
  • Consider getting insurance for your e-scooter.

Even though scooters aren’t as large or as fast as other vehicles (including motorcycles), they can still cause severe injuries to other people. E-scooter operators also don’t have a lot of protection compared to people riding in cars, so it is important to be careful and take common sense precautions to reduce the risk of injury.

Can You File a Personal Injury Claim for an E-Scooter Accident?

If you have been hurt in an accident involving an e-scooter, your ability to file a personal injury claim will depend on who was at fault for the rash. If you were a pedestrian who was hit by an e-scooter while walking, then the liable party will likely be the e-scooter operator. If you were on an e-scooter that was hit by a car, then you may be able to file a claim against the at-fault driver.

Personal injury lawsuits are most often based on a theory of negligence or carelessness. A person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation. For example, an e-scooter driver could be negligent if they violate traffic laws by failing to obey traffic signals. In some cases, a personal injury claim is based on intentional or reckless conduct – such as if a driver was upset about an e-scooter driver slowing down traffic on the road and purposefully hitting them.

Typically, a personal injury attorney will file a claim with the at-fault party’s insurance company. However, because e-scooters don’t have to be insured in New York, you might not have that option. An experienced personal injury law firm will help you examine the options available to you, which may even include filing a claim against an e-scooter company for a dangerous or defective part.

If you are hurt in a scooter accident, the most important thing that you should do is seek medical treatment immediately. This will help you get the right diagnosis and treatment and will establish a connection between the accident and your injuries. This may become critical later, as insurance companies may try to argue that your injuries weren’t caused by the crash.

If you are able to do so, try to gather information while still at the accident scene. This can include taking photos and videos of the crash and the area. You can also get the names and contact information of any witnesses.

When you are able, the next step should be scheduling a free consultation with a Staten Island e-scooter accident attorney. Your lawyer will listen to your story and offer you legal advice on your rights and options for filing a claim. They may also give you a rough estimate of the value of your case.

In a personal injury lawsuit, you may be entitled to financial compensation for all of your losses. Depending on the facts of your case, this may include money for property damage, medical bills, lost wages, reduced earning capacity, future medical care, pain and suffering, emotional distress, reduced quality of life, scarring, and disfigurement. If the at-fault party acted intentionally or recklessly, you may also be entitled to punitive damages.

The best way to protect yourself and get maximum compensation for your injuries is by working with a New York personal injury lawyer with experience in these types of cases. Our legal team will thoroughly investigate the case, research the law,  and develop a strong claim for damages. Reach out to our law offices today to schedule a free consultation about your electric scooter accident claim.

Reach Out to a Staten Island E-Scooter Accident Lawyer for Help

Electric scooters can be fun, but they also carry certain risks. If you are hit while riding an e-scooter – or are struck by a scooter – you could suffer serious or even catastrophic injuries. Our law firm will help you get the money that you deserve for your losses.

The O’Connor Personal Injury Firm represents clients who have been hurt in e-scooter accidents, slip and falls, and other types of accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Staten Island e-scooter accident attorney, give us a call at 866-927-3809 or fill out our online contact form.