In most major U.S. cities, there’s been a significant rise of e-bikes and electric scooters zipping down bike lanes and sidewalks. And it makes sense why, as they’re pretty convenient and affordable. But with the boom in micro-mobility comes a complicated new category of accidents where nobody seems to know who’s responsible.
E-bike and scooter crashes fall into one of the messiest legal gray zones in modern transportation. You’re dealing with shared mobility companies, private drivers, pedestrians, city infrastructure, and sometimes your own split-second decisions. Untangling who is at fault is difficult (but possible).
Woman in a jacket on an electric scooter in an autumn park. Riding on electric vehicles in cold weather.
Why These Accidents Are So Complicated
Part of the problem is that shared scooters and e-bikes were dropped into cities faster than lawmakers could regulate them. Streets that were already a chaotic mix of cars, cyclists, and pedestrians now have a new set of vehicles traveling at 15 to 20 miles per hour, often operated by people who’ve never ridden one before.
Mix in inconsistent local laws, companies that shift liability onto riders with a single checkbox, and drivers who aren’t expecting scooters to appear out of nowhere – and accidents quickly become puzzles. The truth is that multiple factors can contribute to a crash, and liability is rarely cut-and-dry.
When the Rider May Be Held Responsible
Let’s start with the uncomfortable part – yes, sometimes the rider carries some blame. You’re operating a vehicle, and just like with bicycles or cars, there are rules to follow.
Typical situations where a rider may be considered at fault include:
- Riding on sidewalks where it’s prohibited
- Ignoring traffic signals or stop signs
- Riding against traffic
- Using a scooter while under the influence
- Carrying passengers on a single-rider device
But even when the rider shares some responsibility, that doesn’t automatically place all liability on them. In many accidents, the behavior of drivers, the condition of the scooter, or the state of the roadway plays a far bigger role.
When Drivers Are Responsible
A significant portion of scooter and e-bike accidents involve cars. Drivers often fail to check mirrors, underestimate scooter speeds, or simply aren’t paying attention.
Common scenarios where a driver may be at fault:
- The classic “door opening” collision. A driver opens their door into a bike lane or onto a street without checking for riders.
- Right-hook and left-turn crashes. A driver turning across a bike lane can collide with a scooter moving straight.
- Distracted driving. Phones, navigation screens, and in-car entertainment systems make it easy to miss small, fast-moving scooters.
- Overtaking too closely. Even at low speeds, a sideswipe can send a rider onto the pavement.
In cases like these, the rules mirror traditional bicycle laws – drivers have a duty to share the road responsibly. If they fail that duty, they may be liable.
The Role the Scooter Company Plays
This is where the gray area gets even foggier. Shared scooter and e-bike companies often include long, dense user agreements that most people tap “accept” on without reading. Inside those agreements are clauses designed to protect the company from liability.
But not everything can be waived. If the scooter malfunctions – meaning the brakes fail, the throttle sticks, the handlebars lock, or the battery dies mid-ride – that may point to poor maintenance or defective equipment. And in those cases, the company can absolutely be held liable.
However, proving a malfunction isn’t always simple. Scooter companies often argue that the rider “must have hit something,” “must have braked improperly,” or “must have exceeded the recommended speed.” That’s where an attorney becomes crucial, especially one who understands how companies try to shield themselves.
When the City is at Fault
Sometimes, the city can actually shoulder some or all of the blame. Micro-mobility crashes frequently happen because of road hazards, like uneven pavement, potholes, broken curbs, or construction debris. If the city failed to maintain safe conditions and that negligence caused your crash, you may have a claim against them.
But claims against municipalities come with tight filing deadlines and procedural rules. If you wait too long, you may lose the ability to file entirely.
What You Should Do After a Crash
If you’re ever involved in a scooter or e-bike accident, the steps you take immediately afterward can dramatically impact your ability to pursue a claim. Here’s a simple order of priority:
- Get medical attention, even if you feel “mostly fine.” Adrenaline masks injuries, and delayed symptoms are common.
- Document the scene. Photos of the scooter, the road, vehicle damage, signage, debris – everything matters.
- Collect witness information. Passersby often see what riders and drivers can’t.
- Report the accident to the scooter company and police. Both reports create essential records.
- Speak with a personal injury attorney before engaging with insurance adjusters. Adjusters are trained to minimize payouts, especially in scooter cases.
The good news is that many personal injury attorneys don’t expect you to take on the financial risk of pursuing a claim yourself. So don’t let the perceived cost cause you to shy away from working with a lawyer.
As attorney Thomas Archer puts it, “I understand that a personal injury can be emotionally and financially stressful, and that is why we work on a contingency basis, meaning you won’t pay attorney fees unless a settlement or judgment is awarded on your behalf.”
That alone can give you the breathing room to focus on healing instead of stressing about the cost of legal help.
Adding it All Up
E-bikes and scooters aren’t going anywhere and accidents will continue to rise. The key, for all parties, is to stay informed and to act quickly after an accident. The faster you move, the better the outcome will likely be.