All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
Who is responsible for injuries on e-scooters?
In the event of riders being struck by other negligent motorists on the roadway, traditional motor vehicle rules apply. Injured riders can pursue claims against motorists, including claims for medical expenses, lost wages, pain and suffering, and more.
The Insurance Journal noted that bringing legal claims for damages suffered by injured riders against companies such as Bird and Lime, the most common manufacturers of E-scooters, are exceedingly difficult because of the waiver of claims the companies compel their customers to acknowledge before hopping on and speeding away. The scooter companies will include a waiver of rights and claims in the smartphone transaction. The waiver essentially says that the company is not responsible for the injuries of a rider, despite the obvious dangers of riding an e-scooter on a city street. The renter must acknowledge the waiver and agree to its terms to complete the transaction. In the overwhelming majority of cases, the renter checks the box and goes on their way — they never bother to read and understand the rights they are waiving and the legal implications of doing so. As a result, people who are in serious e-scooter accidents have a massive hill to climb to hold the e-scooter companies liable for injuries.