Who Is Liable in E-Scooter Accidents?

According to Consumer Reports, at least 1,500 people suffered injuries in e-scooter accidents in just two years, and eight of those people lost their lives. E-scooter accidents are a serious liability concern. However, electric scooter accident liability isn’t always straightforward. It depends on the facts of the case and whose negligence contributed to the accident.

Depending on the primary cause of the accident, any of the following could be liable for accidents involving e-scooters:

• The E-Scooter rider
• The motor vehicle driver
• The pedestrian
• The E-Scooter rental company
• The municipality
• The product manufacturer

Rider Liability

Electric scooter accident liability depends on the primary cause of the accident, so the most critical point in determining liability is determining the primary cause. If the primary cause was the negligence of the person riding the e-scooter, then they are liable. For instance, e-scooter riders going over Alabama’s e-scooter speed limit or illegally riding on a sidewalk may be liable in the event of an accident.

Motor Vehicle Driver Liability

E-scooter accident responsibility can rest with a motor vehicle driver if the driver caused the crash by doing something they shouldn’t have done, such as speeding or running a red light.

Pedestrian Liability

Fault in electric scooter accidents sometimes lies with a pedestrian. For instance, a pedestrian who steps out into an intersection without a Walk sign and gets struck by an e-scooter may be liable for the accident.

E-Scooter Rental Company Liability

The e-scooter rental company can be liable if it knows about a defect in the machine but continues to rent it without taking any action to protect the public.

Municipal Liability

A municipality can be liable in an e-scooter accident if the primary cause was a pothole, a broken streetlight, or something else the municipality could have fixed but did not.

Product Liability

The e-scooter manufacturer may be liable if the accident was caused by a defect in the product, such as the Lime scooter braking problem described by Consumer Reports. 

Evidence to Use When Determining Liability

Evidence that can determine liability in electric scooter accidents includes:

• Photographs taken at the scene of the accident
• Statements from people who saw the accident
• Videos or surveillance footage showing the accident
• Police reports
• Expert testimony
• Testimony of key witnesses
• Reconstruction of the crash

How Alabama’s Comparative Negligence Laws Could Affect Your Claim

Most states now have comparative negligence laws allowing injured people to claim compensation even if they were partially responsible for the accident. Unfortunately, Alabama is not one of those states. According to the District Court for the Northern District of Alabama, “In Alabama, contributory negligence is an affirmative and complete defense to negligence.” This means that if you are partially responsible for an accident, you cannot obtain compensation for your accident-related losses in Alabama.

Contact Our Alabama Scooter Accident Lawyers to Understand Your Rights

The law firm of Stokes Stemle, LLC, is exclusively focused on personal injury cases and has extensive experience taking on the insurance giants. We know how to determine legal responsibility in crashes involving electric scooters, which allows us to maximize the value of your e-scooter accident case. Contact us today to speak with an electric scooter accident lawyer in Montgomery, AL.