Electric scooter (e-scooter) use has grown fast in California cities. So has the number of accidents involving both scooter riders and people hit by scooters. You might have been riding an e-scooter and been hit by a car. You might have been struck as a pedestrian by a scooter. You might have been hurt in a fall from a defective rental scooter. In each case, California law gives you ways to seek compensation. But the insurance coverage and the liable parties depend heavily on the circumstances of your accident.

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Key Takeaways

  • California Vehicle Code Section 21235 regulates electric scooter operation, including helmet requirements, speed limits, and where scooters may be ridden
  • Shared scooter companies (Bird, Lime, Spin) carry commercial liability insurance but their user agreements typically limit direct claims; injured third parties have stronger claims against these companies
  • If a car driver caused your scooter accident, the driver’s auto liability insurance is the primary source of recovery
  • Your own health insurance and uninsured motorist coverage may apply if the at-fault party lacks coverage
  • California’s two-year personal injury statute of limitations (CCP Section 335.1) applies to scooter accident claims

California Scooter Laws (CVC Section 21235)

California Vehicle Code Section 21235 establishes the core rules for electric scooter operation: scooters are limited to 15 mph on roadways; riders under 18 must wear helmets; scooters may not be ridden on sidewalks; and operators must have a valid driver’s license or learner’s permit. Scooter operators are also subject to the same rules of the road that apply to a bicyclist under CVC Section 21221, such as obeying traffic signals, stop signs, and lane markings. Violations of these laws by a scooter rider can reduce their recovery under California’s comparative negligence system.

Liability Scenarios in Scooter Accidents

When a car driver causes the accident: The at-fault driver’s auto liability insurance is the primary source of recovery for the injured scooter rider. This is treated similarly to a bicycle accident: the driver owes a duty of care to scooter riders as vulnerable road users.

When a shared scooter company (rental) is involved: Companies like Bird and Lime require users to sign agreements that include liability waivers. However, these waivers do not protect the company from their own negligence or product defects. If the scooter had a mechanical failure, software defect, or improper maintenance that caused the accident, the company can be held liable under product liability or premises liability theories.

When road conditions caused the accident: If a pothole, uneven pavement, or missing signage caused the crash, a government entity may be liable under California Government Code Section 835, subject to the six-month government claims deadline.

Insurance Coverage for Scooter Accidents

Scooter riders typically need to look to: the at-fault driver’s auto liability coverage; their own uninsured/underinsured motorist coverage (if they have auto insurance); health insurance for medical expenses; and the scooter company’s commercial liability coverage in cases of equipment failure.

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Contact The Accident Network Law Group

Whether you were riding an e-scooter and hit by a distracted driver, injured as a pedestrian by a scooter rider, or hurt by a defective rental scooter, Attorney Damoun Yazdi and The Accident Network Law Group can help you identify every source of recovery, from the at-fault driver’s auto policy to the rental company’s commercial coverage. We serve Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, with free consultations and no fee unless we win your case. Se habla espanol.

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.