Electric scooters (e-scooters) are everywhere in California — they’re convenient, affordable, and a popular last-mile solution. But when a scooter ride goes wrong, injuries can be serious. This guide walks you through what to do after a scooter accident in California, how liability is determined, what damages you can recover, important deadlines, insurance issues, and when to call an attorney. Wherever helpful, I’ve included resources and links to the Steven M. Sweat / VictimsLawyer site for more information and help.
(If you were injured on a scooter and want firm-specific help, see: https://www.victimslawyer.com/practice-areas/motorcycle-accidents/scooter-accident-attorney-in-los-angeles/ and https://www.victimslawyer.com/blog/the-risks-of-riding-an-electric-scooter-in-los-angeles/.)
Quick legal snapshot (the headline facts)
- California treats many electric scooters as motorized scooters and applies vehicle rules requiring riders to use bicycle paths/bikeways (not sidewalks) and to obey a 15 MPH speed limit in many circumstances. (California DMV)
- Helmet requirements: younger riders must wear helmets; other helmet rules vary by device/type. (FindLaw Codes)
- Statute of limitations for most personal injury claims in California: two years from the date of injury (some exceptions can shorten that deadline — e.g., claims against public entities). Act quickly.
- If you were injured, document everything, seek medical care right away, and contact an experienced scooter-accident attorney to protect your rights and evidence. For local help, you can see the scooter practice page at VictimsLawyer. (Steven M. Sweat)
Why scooter accidents can cause big problems
E-scooter riders are relatively unprotected compared to motorists. Even at low speeds, falls on pavement can cause fractures, head injuries, road rash, and back/neck trauma. Collisions with cars, buses, or fixed objects often produce severe injuries because scooter riders lack the structural protection of cars or even motorcycles. Beyond medical harm, an injured rider can face lost wages, rehabilitation, and emotional distress.
Immediately after a scooter accident — step-by-step
- Check safety and get medical help. Your health comes first: call 911 if anyone is seriously hurt. Even if injuries seem minor, get evaluated — some injuries (concussions, internal injuries) may not show symptoms immediately. Medical records are critical evidence later.
- Call the police and create an official record. If a motor vehicle was involved or there are injuries, call the police. An official report documents the facts and can be critical for insurance and legal claims.
- Document the scene. Take clear photos and video of:
- Vehicle(s) involved (license plates, damage)
- The scooter (position, damage)
- Roadway conditions (potholes, debris, signs, lane markings)
- Traffic signals, proximity to bike lanes or sidewalks
- Your injuries (cuts, bruises, scrapes)
- Any visible surveillance cameras or nearby witnesses
- Collect witness information. Get names, phone numbers, and short statements if possible. Independent eyewitnesses can be decisive when liability is disputed.
- Preserve evidence. Keep the scooter (don’t throw away damaged helmets or clothing), save repair estimates, medical bills, and maintain a written log of symptoms and missed days of work.
- Notify your insurance company if required by your policy — but be cautious. Give only the basic facts; avoid recorded statements or admitting fault until you’ve consulted a lawyer.
- Get legal advice. If the crash caused significant injury, talk to a personal injury attorney experienced with scooter and motorcycle-type accidents. For assistance locally, see VictimsLawyer’s scooter practice page. (Steven M. Sweat)
Who can be liable in a scooter accident?
Liability depends on how the accident happened. Common potentially responsible parties include:
- Other motor vehicle drivers. If a car ran a red light, failed to yield, turned into your path, or otherwise drove negligently, the driver may be responsible.
- Scooter rental companies / manufacturers. Defects in scooter design, manufacturing, maintenance, or inadequate safety warnings can create product liability or negligence claims against manufacturers or fleet operators.
- Property owners / cities. Dangerous roadway conditions — potholes, broken curbs, poorly marked bike lanes — can lead to claims against private landowners or public entities (special rules apply when suing a government agency).
- Other scooter riders or bicyclists. If another rider behaved recklessly and caused the crash, they may be liable.
- Multiple defendants. Often more than one party shares fault. California follows comparative negligence rules (more on that below).
Legal theories commonly used in scooter accident claims
- Negligence (most common). To recover, you generally must show the defendant owed you a duty of care, breached that duty, and that breach caused your injuries and damages. Examples: failing to yield, unsafe lane changes, or distracted driving.
- Product liability. If a scooter malfunctioned (brakes failed, steering detached), you might have a claim under manufacturing defect, design defect, or failure-to-warn theories.
- Premises liability. If the crash was caused by dangerous road or sidewalk conditions on private property, the property owner may be liable. Claims against public entities (city, county) follow strict procedural requirements and short notice deadlines.
- Governmental liability. If a city failed to maintain a bike lane or warned inadequately about hazards, special notice-of-claim rules and shorter deadlines usually apply — speak with an attorney immediately.
Where are you allowed to ride in California?
California’s laws restrict where motorized scooters can be used. In many circumstances, motorized scooters are allowed on bicycle paths, trails, or bikeways, but not on sidewalks. Speed limits are also imposed — typically 15 miles per hour for motorized scooters (local ordinances can modify or further restrict use). Also note that e-scooter rules may differ from e-bike or traditional bicycle regulations, so it’s important to know exactly what device you were riding. (California DMV)
Why this matters: where the accident happened influences comparative fault and whether a city ordinance was violated (which could hurt or help your claim). For instance, riding on the sidewalk when the law forbids it could be used by an insurance company to reduce your recovery.
Helmet rules and safety gear
California requires helmets in certain circumstances — notably for younger riders. Rule specifics can depend on the classification of the vehicle (motorized scooter vs. electric bicycle class) and local laws. Wearing a helmet and protective gear is important for safety and for countering arguments that your injuries were due to lack of protective equipment. (FindLaw Codes)
Insurance considerations — who pays?
Insurance is often the practical path to compensation, but scooter claims can involve multiple insurers:
- Driver’s auto insurance. If a car driver caused your crash, their liability policy is the usual source of compensation for your medical bills, lost wages, and pain and suffering.
- Your own health insurance / PIP / MedPay. These policies will cover medical treatment immediately, but insurers may seek reimbursement if you later recover damages.
- Scooter rental company insurance. Dockless or rentable scooter companies typically carry limited liability coverage, but policy limits and coverage details vary. Some companies disclaim responsibility for user negligence in their terms of service — but those terms don’t always eliminate a valid negligence or product defect claim.
- Uninsured/underinsured motorist coverage (UM/UIM). If a negligent driver has no insurance or insufficient limits, your own auto policy’s UM/UIM coverage may be tapped.
- Product liability insurance. If a defect caused the crash, the manufacturer’s liability coverage (and product defect claims) come into play.
Insurance adjusters will quickly contact you after a crash. Do not accept a quick lowball settlement or give a recorded statement without attorney guidance — early settlements can waive important rights.
Types of damages you can pursue
If a negligent party caused your scooter accident, you may recover compensatory damages, including:
- Past and future medical expenses (treatment, surgeries, rehabilitation, future care)
- Lost wages and loss of future earning capacity
- Property damage (repair or replacement of the scooter and personal items)
- Pain and suffering (physical pain, emotional distress)
- Loss of enjoyment of life and disability-related damages
- Punitive damages (rare; when defendant’s conduct was especially reckless or malicious)
An experienced personal injury attorney can help quantify future damages (life care plans, vocational experts, economic damages).
Comparative negligence — how your actions affect recovery
California follows pure comparative negligence: you can recover damages even if you were partially at fault, but your recovery is reduced by your percentage of fault. For example, if damages are $100,000 and a jury finds you 25% at fault, you recover $75,000. Insurance companies routinely try to shift blame onto the injured rider to reduce payouts — detailed evidence and witness testimony are key to counter that strategy.
Timelines and statutes — act fast
Most personal injury claims in California must be filed within two years from the date of injury under the California Code of Civil Procedure (this is the standard personal injury statute of limitations). If you are considering a claim against a government entity, the timelines for giving notice are much shorter (often six months for a government claim). For property damage, other deadlines may apply. Don’t delay — investigating the scene, preserving evidence (including scooter data), and meeting procedural deadlines are essential.
(If you think you might have a claim, consult an attorney promptly to preserve your legal options.)
Common defense tactics by insurance companies
Expect standard defenses:
- Blaming the rider (riding on sidewalk, speeding, alcohol use). Be prepared to counter with evidence showing the other party’s negligence.
- Attacking medical causation (arguing injuries were pre-existing). Treating physicians and medical records are critical.
- Minimizing future damages (downplaying long-term disability). Vocational and medical experts can rebut these claims.
- Disputing vehicle speeds, positions, or exactly how the crash occurred. Photographs, witness statements, traffic camera footage, and reconstruction experts will help.
Evidence that makes (or breaks) a scooter claim
High-value evidence includes:
- Police report (if one was taken)
- Photos and videos from the scene
- Surveillance camera footage (from nearby businesses or traffic cams)
- Witness statements
- Medical records and treatment notes
- Data from the scooter (if available — GPS, speed, battery logs; rental companies sometimes retain data)
- Repair estimates and receipts for damaged property
- Employment records showing lost wages
If a rental company’s scooter logged GPS or speed data, that log can be decisive. Preserve it quickly: companies may overwrite logs. Your attorney can issue a preservation request or subpoena to secure those records.
Product defect claims — what to look for
If your scooter suddenly sped up, brakes failed, steering malfunctioned, or components detached, the claim might involve product liability. Potential defects include:
- Faulty brakes, throttle, or speed governor
- Poorly welded frame or structural failure
- Battery defects (thermal events or fires)
- Inadequate warnings or defective design (unstable designs)
Product liability claims often name manufacturers, distributors, and sometimes retailers. These cases may require engineering experts and strong document discovery.
Public entity claims — special rules
If a dangerous condition on public property (city streets, bike lanes) caused your crash, you likely face special rules:
- Notice-of-claim requirements: before suing a city or public entity you typically must file an administrative claim within a short period (often six months). If the municipality fails to respond, you may have to then file suit within a statutorily prescribed time. Missing these steps can bar your claim.
For these reasons, early consultation with counsel is essential when the public entity may share responsibility.
Typical case process — from claim to resolution
- Investigation and evidence preservation. Your lawyer gathers medical records, photos, police reports, witness statements, and any device data.
- Demand package / settlement negotiations. Your attorney sends a demand to the insurer with damages documentation and negotiates.
- Filing a lawsuit (if necessary). If negotiations fail or insurer refuses to pay fair value, your lawyer files suit within the statute of limitations.
- Discovery. Both sides exchange documents, take depositions, and may hire experts.
- Mediation or settlement. The vast majority of cases settle before trial after mediation.
- Trial. If no settlement, the case goes to trial and a judge or jury decides fault and damages.
How much is your scooter case worth?
Every case is unique. Value depends on:
- Severity and permanence of injuries
- Medical expenses and future treatment needs
- Lost income and lost earning capacity
- Degree of fault by each party
- Quality of evidence and witness testimony
- Insurance policy limits
Attorneys often use medical records, expert testimony, and economic analysis to create a realistic valuation. Beware of adjusters who offer quick, low first offers.
FAQs — common questions scooter accident victims ask
Q: Do I need a lawyer?
A: For minor bumps, you might handle it yourself. But for serious injuries, disputed fault, multiple defendants, product defects, or public entity claims, an experienced attorney protects your rights, preserves evidence, and maximizes recovery. See VictimsLawyer’s scooter practice page for local help. (Steven M. Sweat)
Q: What if I crashed on a rental scooter?
A: You may have claims against the driver who hit you, the scooter renter, or the manufacturer, depending on fault and whether the scooter malfunctioned. Rental companies’ terms of service sometimes complicate matters — don’t rely on those terms alone; speak to counsel.
Q: What if I was partly at fault?
A: California’s pure comparative negligence system reduces your award by your share of fault but doesn’t bar recovery. Get legal help to minimize your assigned percentage.
Q: How long will a case take?
A: Simple claims may settle within months; complex or disputed cases (especially product liability or governmental claims) can take years. If you need help now, consider contacting an attorney for a strategy tailored to your case.
Q: How soon should I talk to an attorney?
A: As soon as possible. Some evidence (surveillance footage, scooter data) is time-sensitive and may be lost quickly. If the city might be liable, notice deadlines can be short. If you want local help, VictimsLawyer offers consultations. (Steven M. Sweat)
Practical tips for scooter riders to reduce risk
- Always obey local traffic laws (bike lanes, not sidewalks, obey signals).
- Wear a helmet (and encourage passengers to do the same).
- Avoid distracted riding (phones, earbuds).
- Inspect rental scooters before riding (tires, brakes, deck stability).
- Be cautious in poor weather or rough pavement; many scooters have small wheels that handle potholes poorly.
Working with your attorney — what to expect
When you consult an attorney, expect them to:
- Review medical records, police reports, photos, and witness statements.
- Preserve evidence (e.g., send preservation letters to scooter rental companies).
- Investigate liability and insurance coverage.
- Handle communications with insurers and defendants.
- Negotiate or litigate for the best outcome.
- Explain fee arrangements (many personal injury firms operate on contingency — no attorneys’ fees unless you recover).
If you want to discuss a potential claim, you can contact Steven M. Sweat, Personal Injury Lawyers, APC (VictimsLawyer) for a free consultation: https://www.victimslawyer.com/practice-areas/motorcycle-accidents/scooter-accident-attorney-in-los-angeles/. (Steven M. Sweat)
Sample timeline: what good representation achieves
- Week 1: Medical care, police report, preservation letters sent to scooter fleet.
- Weeks 2–6: Evidence collection (photos, witness statements, medical records) and initial insurance notices.
- Months 2–6: Demand package sent, negotiation with insurer; early settlement offers considered.
- Months 6–18: If needed, file suit, conduct discovery, mediate with likely settlement or prepare for trial.
- 18+ months: Trial (if necessary) or post-judgment collections and appeals (rare).
When the government might be involved — extra caution
If a roadway defect caused your fall (broken pavement, missing signage, unmarked hazards), you may need to file a claim against the city, county, or state. These claims usually have mandatory notice procedures and shortened deadlines. Missing the notice window can cost you the right to sue, so contact counsel immediately.
How rental companies’ records can make or break your case
Dockless scooter companies often keep rich telemetry — GPS location, speed, tilt, timestamps, diagnostics — that can show exactly what happened. These logs are frequently overwritten on short timelines, so your attorney should seek to preserve them immediately via a preservation letter or subpoena. Without those records, proving a defect or reconstructing the crash is harder.
Examples of successful scooter claims (illustrative)
- A rider struck by a left-turning driver recovered for medical bills and pain and suffering when witness statements and a city traffic camera supported the rider’s version of events.
- A product defect claim where a scooter’s brake failure was established by engineering experts and company maintenance logs, resulting in a manufacturer settlement.
- A premises claim against a municipality where failure-to-maintain a bike lane (large pothole) led to a favorable settlement after the claimant complied with the government notice rules.
(Every case is different — these are examples to illustrate how evidence and legal theory come together.)
Checklist: what to bring to your first consultation
- Police report number (if available)
- Photos/videos of the scene and injuries
- Names and contact info for witnesses
- Medical records or treatment notes (ER discharge, X-rays)
- Information about the scooter (rental company, model, serial if known)
- Insurance information (your health insurance, auto insurance, any rental waiver)
- Pay stubs or proof of lost wages
An attorney will evaluate fault, damages, deadlines, and the likely route to recovery. If you’d like a local consultation, VictimsLawyer provides free case evaluations. (Steven M. Sweat)
Final thoughts — protect your rights, act quickly
Scooter accidents can leave lasting consequences. Your immediate steps — medical care, documentation, and preservation of evidence — shape the outcome of any claim. Because California law has specific rules about where scooters can be ridden, helmet use, and short timelines for claims against public entities, acting promptly and consulting an experienced personal injury attorney is critical.
If you were injured in a scooter crash in Los Angeles or elsewhere in California and want help, consider contacting the experienced personal injury team at Steven M. Sweat, Personal Injury Lawyers, APC. They handle scooter and similar two-wheeled vehicle claims and offer free consultations:
- Scooter practice page: https://www.victimslawyer.com/practice-areas/motorcycle-accidents/scooter-accident-attorney-in-los-angeles/ (Steven M. Sweat)
- Scooter risks blog and resources: https://www.victimslawyer.com/blog/the-risks-of-riding-an-electric-scooter-in-los-angeles/ (Steven M. Sweat)
Key legal references and resources (for further reading)
- California DMV — information about motorized scooters and where they’re permitted. (California DMV)
- California Vehicle Code and related statutes on motorized scooters. (FindLaw Codes)
- General explanation of statue of limitations and personal injury timelines in California. (The Shirvanian Law Firm)
- VictimsLawyer practice pages and blogs on scooter and bicycle accident claims. (Steven M. Sweat)