There is no doubt that the popularity of e-scooters is on the rise. While these vehicles are more common than ever, the reality is that the number of collisions they are involved in has also gone up. If you have been hurt in a crash with an e-scooter, you may be entitled to compensation.

Recovering the damages you deserve starts with proving that the other party involved in the crash was negligent. Your attorneys can generally determine liability for an e-scooter crash using a wide range of evidence, from videos of the collision to statements by the other driver. Let our team help you build the strongest case possible after a collision.

Proving the Driver Was at Fault

In Florida personal injury law, proving fault in an e-scooter accident involving a motor vehicle typically comes down to establishing negligence. Negligence occurs when someone fails to exercise reasonable care and causes harm. To hold a driver legally responsible, you must prove four elements: the driver owed a duty of care, they breached that duty, the breach caused the accident, and the accident resulted in damages.

All drivers owe a duty to operate their vehicles safely and follow traffic laws. If a driver hits an e-scooter while texting, speeding, failing to yield, or failing to check their blind spot, that may constitute a breach of duty. The rider must then show that this breach directly caused the crash and led to their injuries or losses.

Evidence that helps prove fault may include the crash report, photographs, eyewitness testimony, surveillance or dashcam video, and medical records. Even if police don’t issue a citation, civil liability can still apply. Working with an attorney can make it easier to gather and present the evidence needed to hold the driver accountable and recover compensation for medical bills, pain and suffering, and other losses.

When Is the Rider to Blame?

Many e-scooter accidents are caused by rider error or negligence. Under Florida law, riders must follow the same basic rules of the road as cyclists. That includes obeying all traffic signals and yielding the right of way when appropriate. When an e-scooter operator fails to follow the rules of the road, they may be held personally liable for the resulting injuries or property damage.

The rules of negligence apply to e-scooter riders just like they do to any other motorist. While collisions between scooters and passenger cars are usually the fault of the motorist, our attorneys may be able to establish liability even when the rider is at fault.

Understanding Government Liability Following a Scooter Crash

Florida cities and counties can also be held liable if their negligence contributes to an accident. This could involve a wide range of situations, including the failure to replace missing traffic signs or poor maintenance of a bike path. If a rider hits a pothole in a designated bike lane and is injured, the local government agency responsible for road maintenance may be held liable for all or part of the injury.

However, suing a Florida government entity requires following the specific rules under Florida Statutes §768.28, which limit liability and impose strict notice requirements on injury victims. For example:

• Claims must be filed within three years
• Claimants must notify the appropriate agency in writing before suing
• Damages are generally capped per person and per incident

The facts of the case will have a significant impact on whether the government is entirely immune from a negligence claim. For example, city planners have more leeway in deciding where and when to implement a bike lane. That said, negligence claims are more likely to be successful in situations where the city failed to maintain the lanes after they were completed.

Accidents Caused By Vehicle Defects

E-scooter rental companies like Bird, Lime, and Spin have legal duties to ensure their equipment is safe and their software functions as intended. They may be held liable when:

Battery Malfunctions

A scooter that loses power mid-ride or suffers a steering failure may be defective. If the accident results from these defects, the manufacturer or other parties could be held liable.

Geofencing Errors

Many e-scooters are programmed to disable themselves outside certain operating zones or speed-restricted areas. If a malfunction in the app or GPS system causes the scooter to stop suddenly, this can create dangerous conditions that are likely to lead to a crash.

Failure to Warn

If a company fails to adequately warn users or provide clear instructions for safe use, it may be held accountable for any avoidable accidents.

Comparative Fault in Florida E-Scooter Accidents

Florida follows a modified comparative fault rule under Florida Statutes § 768.81, which means each party’s level of fault is considered when determining compensation. If multiple parties contributed to the accident—including the rider, driver, scooter company, or city—the court will assign each a percentage of responsibility. A plaintiff can recover damages only if they are found to be 50% or less at fault. Any compensation awarded is reduced by their percentage of fault, as determined by the facts and evidence in the case.

Discuss E-Scooter Accident Liability With Our Team

Before you can file a lawsuit or pursue settlement negotiations following an e-scooter accident, you will first need to establish who was at fault. Determining liability for e-scooter accidents can be complicated, but you don’t have to take on that challenge without help.

We have focused our practice on injuries from e-scooter accidents. Our team can advise you of your legal rights after a crash and assist with building the strongest possible case for negligence. Instead of trying to resolve your case on your own, reach out to our firm right away to discuss your options during a free consultation with our attorneys.