It is natural to have questions after an e-scooter accident. While most people are at least somewhat familiar with their rights following a motor vehicle collision, many are in the dark when they are hurt riding an e-scooter. We focus our practice on representing the injured in these accidents, and we have a deep understanding of what these claims entail. Keep reading for answers to the questions we get most often and contact our office directly to get the most up-to-date information based on the specifics of your case.

E-Scooter Accident FAQ

These are some of the most common questions we get about legal rights related to an e-scooter accident.

What should I do immediately following an e-scooter accident?

Your first priority is your safety. Check for injuries and call 911 if anyone involved in the accident is hurt. Even if your injuries seem minor, seek medical attention to document your condition. If possible, take photos of the scene, damaged vehicles or scooters, road conditions, and any visible injuries. Gather names and contact info of witnesses. As soon as you can, contact a personal injury attorney for guidance.

Am I allowed to sue after being hit by a car while riding an e-scooter?

Yes, you may have grounds for a personal injury claim if a driver’s negligence caused the accident. Drivers have an obligation to watch for all road users, including e-scooter riders. If the driver ran a red light, failed to yield, or was distracted, you could be entitled to damages for your injuries.

Who is liable in an e-scooter crash?

No two collisions are the same, so liability depends on the facts of the accident. The at-fault party could be a negligent driver, another scooter rider, a pedestrian, the scooter company, or even a government entity if road hazards were involved. In some cases, more than one party shares responsibility. Your attorney can review all of the facts in order to identify the parties who were to blame for your accident.

What if the e-scooter malfunctioned?

If a malfunction caused your crash, you may be able to file a product liability claim. E-scooter companies and manufacturers have a duty to ensure their scooters are safe, and failing to meet that duty could leave them on the hook for your damages. If they failed to repair or recall defective parts, they may be held responsible.

Do I need a police report for an e-scooter crash claim?

Having a police report related to your e-scooter crash is always helpful. If you were struck by another vehicle and one of the parties involved was injured, you are required by law to report the incident and wait for the police to arrive. You are also entitled to a copy of the report that will be created afterward.

Can I file a claim if I wasn’t wearing a helmet?

Yes, you can still pursue compensation even if you weren’t wearing a helmet in Florida. The state does not currently require adults to wear helmets on e-scooters, though doing so is strongly recommended. However, if you suffered a head injury, the defense might argue that your lack of a helmet contributed to the severity of your injuries.

How long do I have to file a lawsuit after an e-scooter crash?

In Florida, you generally have two years from the date of the e-scooter accident to file a personal injury lawsuit. This statute of limitations applies to most negligence-based claims, and the courts strictly enforce the deadline. If you wait too long to file suit, the court could dismiss your claim forever.

What damages can I recover after an e-scooter injury?

You may be entitled to a wide range of compensation following an e-scooter accident. This includes both economic and non-economic damages. Economic damages are your measurable losses, like medical bills or lost wages. Non-economic damages include subjective factors such as physical or emotional pain. Together, all of these types of damages could form your claim for compensation.

Are e-scooter riders covered by auto insurance?

Most auto insurance policies do not cover e-scooter riders, but there are exceptions. If a car caused your crash, the driver’s liability insurance may apply. Some homeowners’ policies may offer limited coverage, particularly for medical expenses.

Can I still file a claim if I was partially at fault?

Yes. Under Florida’s modified comparative negligence law, you can still recover compensation as long as you were less than 51% at fault for the accident. However, the court will reduce your damages by your percentage of fault. For example, if you are found 20% at fault, your compensation would be reduced by 20%. However, if you are 51% or more to blame, you cannot recover damages at all.

What evidence do I need for an e-scooter claim?

You could use an array of evidence to prove an e-scooter claim, but video of the accident as it happened is arguably the strongest. Photos of the crash scene and the vehicles in the aftermath of the collision could also be useful. Your attorney can advise you on the evidence that could make your case stronger.

What if I were injured as a pedestrian by an e-scooter?

Pedestrians struck by e-scooters may have a valid claim against the rider if they were injured in a crash. Depending on the circumstances, it may also be possible to pursue an award against the owner or the rental company. These claims require some proof that the company acted negligently by allowing the rider to use the scooter.

Talk to an Attorney About Your E-Scooter Accident Today

These are only some of the questions we get from individuals who have been hurt in an e-scooter crash. If you have a question that isn’t listed here, now is the time to call and discuss your legal options with our team. We can help you understand your rights and advise you on your potential for financial recovery. Reach out as soon as possible for a free consultation with our firm.