Electric Scooter Injuries

Electric Scooter Personal Injury Claims

The use of electric scooters has exploded in both urban and suburban communities throughout New Jersey.  These micromobility vehicles are low-speed (usually a maximum of 20 miles per hour but some can go faster) and come in relatively lightweight, portable models. Because they are good for traveling short distances and are eco-friendly, they have gained popularity among commuters, delivery drivers, and leisure “scooterists.”

The increased presence of low electric scooters has brought more electric scooter accidents and scooter accident claims.

The Rise of Electric Scooter Accidents

The rise in electric scooter accidents is a real concern. A study published by the JAMA Network last summer revealed that from 2017 to 2022, e-scooter injuries increased by more than 45% annually. Contributing factors include:

• Increased ridership – A greater volume of scooters leads to a higher probability of accidents.
• Inadequate infrastructure – Lack of dedicated lanes for scooters and bikes, or narrow sidewalks.
• Inexperienced or distracted riders – Riders should know how to operate the scooter, react effectively to hazards, navigate traffic safely; and pay attention to motor and pedestrian traffic.
• Risky rider behaviors such as not wearing a helmet, riding “under the influence,” or weaving in and out of foot or motor traffic.
• Poor equipment maintenance or malfunction such as faulty brakes, bad tires, or steering problems, which can all cause accidents.
• Lack of awareness by other road users – Drivers and pedestrians must also be aware of the presence of electric scooters to avoid unexpected collisions.

Common Injuries from Electric Scooter Crashes

Despite their low travel speeds, e-scooter accidents can result in significant injuries.

In general, fractures to the upper extremities (hands, arms, wrists) are the most common injuries from electric scooter crashes, followed by bruises and abrasions. However, head and neck injuries (including traumatic brain injuries) can occur as can injuries to internal organs. A CHOP study (Children’s Hospital of Philadelphia) found that the most common injuries among young riders under age 18 are fractures, and the head is the most injured body part.

Determining Liability in Electric Scooter Accidents

The fact that an electric scooter accident occurs at a low speed does not negate the possibility of a personal injury lawsuit. Determining liability in electric scooter accidents means proving the accident was caused by another party’s negligence—that someone failed to exercise the reasonable care a prudent person would under similar circumstances, and this failure directly led to injury. Negligent parties can be:

• The rider: The rider was acting negligently and caused the injury.
• Motor vehicle drivers: Drivers who fail to yield the right of way, drive while distracted, or otherwise operate their vehicles negligently and collide with an electric scooter rider.  
• Pedestrians or cyclists: The negligence of a pedestrian or cyclist could contribute to an electric scooter accident.  
• Rental and ride share companies: These companies have a duty to maintain their scooters in safe operating condition and to provide users with adequate warnings of known defects and instructions.
• Government entities: Cities, towns and states may be held liable due to poorly maintained roads, sidewalks, or lack of appropriate signage that contributed to the accident.
• Manufacturers or distributors: If the accident was caused by a defect in the design or manufacturing of the electric scooter, the manufacturer or distributor could be held liable under product liability laws.  

Steps to Take After an Electric Scooter Injury

If you’ve been injured in an electric scooter accident, either as the rider or a bystander, here are steps to take after the injury:

• Seek immediate medical attention to address your injuries and create crucial medical records that link the accident to your harm. Follow your doctor’s recommendations and keep detailed records of all treatments, appointments, and expenses.  
• Visually document the accident scene with photographs and videos; include the positions of the scooter and other vehicles involved, road conditions, traffic signals, and all visible hazards.
• Gather witness statements if applicable, and the witnesses’ contact information.
• Obtain the police report if the police were called to the scene. This report often contains the investigating officer’s findings and witness statements.
• Preserve evidence. Do not discard or alter the electric scooter or any other damaged property. If you rented the scooter, contact the rental company and request maintenance records.
• Keep a detailed journal of your injuries, pain levels, limitations, emotional distress, and how the accident has impacted your daily life.
• Gather all financial records related to your financial losses – medical bills, lost wage statements, receipts for out-of-pocket expenses related to the injury, and documentation of diminished earning capacity.  

Compensation Available for Electric Scooter Injury Claims

As with any valid personal injury claim, various forms of compensation are available for electric scooter injury claims. These include:

• Medical expenses: Past and future medical bills related to your injuries, such as hospital stays, doctor’s visits, physical therapy, medications, and rehabilitation.  
• Lost wages: Lost income from the time you were unable to work due to your injuries, and compensation for any future loss of earning capacity if your injuries prevent you from returning to your previous job or earning at the same level.  
• Pain and suffering: The physical pain, emotional distress, mental anguish, and loss of enjoyment of life due to the accident.
• Property damage: If your personal property, such as clothing or a helmet, was damaged in the accident, you may be compensated for its repair or replacement.  
• Punitive damages: Awarded in rare cases where the at-fault party’s conduct was grossly negligent or intentionally harmful.  
• Other economic losses: Additional out-of-pocket expenses related to the injury, such as travel costs for medical appointments or necessary home modifications.  

Contact an Experienced Injury Attorney

Even a seemingly minor accident can have lasting consequences, and you have the right to seek justice for your injuries. If you or a loved one has been injured in a low-speed electric scooter accident, understanding your rights and the potential for a personal injury lawsuit is crucial.  

The experienced personal injury attorneys at Britcher, Leone & Sergio LLC have specialized legal and medical expertise and will provide valuable guidance, file a strong personal injury claim, negotiate a just settlement, and/or represent your interests in court. Contact our office as soon as possible after the accident to protect your rights.