Electric scooters have become part of daily life across Northern and Central California, from the bike lanes of the Bay Area to downtown Sacramento and the streets around Fresno and Modesto. But a rider has almost no protection when a car, a pothole, or a faulty scooter itself sends them to the pavement.
If you or someone you love was hurt in a crash, an experienced electric scooter accident lawyer can help you understand who is responsible and what compensation you may be able to recover. At Berg Injury Lawyers, our team brings over 45 years of experience helping injured people throughout California. We are here to listen, answer your questions, and guide you through your options.
Contact us today for a free consultation.
Why Electric Scooter Crashes Can Cause Serious Injuries
Scooter ridership has grown faster than the streets built to handle it. Riders share lanes with much larger vehicles, roll over uneven pavement, and cross paths with drivers who do not expect them.
The injury numbers have followed. The U.S. Consumer Product Safety Commission, which tracks emergency room visits through its national injury surveillance system, has reported a steady rise in e-scooter injuries as ridership has climbed. Broader research on micromobility crashes found that roughly one in five emergency room visits involving e-scooters, e-bikes, and bicycles also involved a motor vehicle. In dense areas like the Bay Area, Sacramento, and Fresno, that mix of scooters and traffic is exactly where serious crashes tend to happen.
Common Causes of Electric Scooter Accidents
Most electric scooter crashes trace back to a preventable cause. Figuring out what went wrong is the first step toward identifying who is responsible.
Common causes include:
- Negligent Drivers: Motorists who speed, follow too closely, or fail to yield often do not see a rider until it is too late.
- Distraction: A distracted driver looking at a phone can drift into a bike lane or miss a rider at an intersection.
- Dooring: A driver or passenger who opens a car door into a rider’s path leaves no time to react.
- Unsafe Road Conditions: Potholes, cracked pavement, debris, and poorly marked bike lanes can throw a rider without warning.
- Poor Visibility: Scooters are small and quiet, which makes them hard to see at night or in heavy traffic.
- Mechanical Failure: A stuck throttle, worn tires, or failed brakes can cause a crash even when the rider does everything right.
Many crashes involve more than one of these factors, and more than one responsible party. That is why a careful investigation matters so much.
Common Injuries in Electric Scooter Crashes
Because a scooter puts nothing between the rider and the road, even a low-speed crash can cause lasting harm. People hurt in electric scooter accidents often suffer:
- Head Injuries: Concussions and traumatic brain injuries are common, especially for adult riders who are not required to wear a helmet.
- Broken Bones: Riders instinctively brace with their arms, frequently leading to fractured wrists and arms, along with collarbones and legs.
- Road Rash and Lacerations: Sliding across asphalt causes deep abrasions that can scar or become infected.
- Neck and Spinal Injuries: A hard fall or collision can damage the spine, and in the worst cases cause paralysis.
- Soft-Tissue Injuries: Sprains, strains, and torn muscles can cause pain and limited movement long after the crash.
Who Can Be Held Liable for Your Scooter Accident
Liability depends on how your crash happened, and more than one party may share responsibility. Identifying every one of them is central to a strong claim.
Negligent Drivers
Drivers cause many scooter crashes when they fail to pay attention, yield, or share the road safely. When a driver’s carelessness led to your injuries, that driver and their insurer can be held accountable.
Electric Scooter Companies
Rental operators may share responsibility when unsafe maintenance or an unrepaired defect contributes to a crash. Many rental apps also bury arbitration clauses and liability waivers in their user agreements. Those clauses can affect how a claim moves forward, but they do not automatically end it. An experienced lawyer can review the fine print and protect your options.
Government Entities
Cities and public agencies are responsible for maintaining safe roads. When an unrepaired pothole, broken pavement, or poor roadway design plays a role in a crash, a government entity may share responsibility. These claims can be complex, and physical evidence at the scene tends to disappear quickly, so it helps to have a lawyer begin investigating and preserving proof early. Claims against public agencies also have special notice requirements and shorter deadlines. A personal injury claim generally must be presented to the agency within six months, subject to exceptions.
Manufacturers
When a defective scooter causes or contributes to a crash, the manufacturer or distributor may be liable under California product liability law. These claims often turn on preserving the scooter and its parts so the defect can be examined.
Scooter Riders
If you were a pedestrian struck by someone riding a scooter carelessly or illegally on a sidewalk, you may also have a claim against that rider.
When a Defective Scooter Causes a Crash
Sometimes the danger is the scooter itself. A device that looks fine can hide a defect that turns a routine ride into a serious crash.
The U.S. Consumer Product Safety Commission has identified brake problems, unexpected power loss, and fire hazards among the most common issues reported with e-scooters. Lithium-ion batteries are a particular concern. A failing battery can cut out without warning or, in rare cases, overheat and catch fire, causing burns and other serious injuries.
When a mechanical failure causes a crash, you may have a product liability claim against the manufacturer, the distributor, or the company responsible for maintaining a rental scooter. Preserving the scooter itself is important, because it can be the strongest evidence that a defect, and not the rider, caused the crash. If you believe a faulty scooter played a role in your accident, do not return or discard it before speaking with a lawyer.
Injured While Delivering on a Scooter
Electric scooters are a common way to make food and package deliveries in California cities. If you were hurt while delivering on a scooter, your case can involve extra layers of insurance and responsibility.
Coverage depends on the details. In some situations, the at-fault driver’s insurance may apply. In others, the delivery platform’s coverage may apply, though it often hinges on your work status at the moment of the crash and the terms of that platform. These questions are rarely simple, and delivery companies and insurers do not always volunteer the coverage that is available.
If you ride for a delivery service, our team can review every policy that might apply to your crash.
California Electric Scooter Laws Every Rider Should Know
California law sets clear rules for electric scooters, and those rules often shape who is responsible after a crash.
Under state law, riders generally must:
- Follow the rules of the road. Scooter riders obey traffic signals, stop signs, and right-of-way rules much like bicyclists.
- Wear a helmet if under 18. Helmets are required for riders under 18. Adults are not required to wear one, though it is a smart choice.
- Ride in the right place. Scooters belong in bike lanes or on roadways, not on sidewalks in most areas.
- Stay within the speed limit. Electric scooters are limited to a maximum speed of 15 mph.
- Never ride while impaired. Driving under the influence laws apply to scooters just as they apply to cars.
- Carry a valid license or permit. Riders must have a valid driver’s license or instruction permit.
You may worry that breaking one of these rules, or riding without a helmet as an adult, means you cannot recover. That is not how California law works. The state follows a rule called pure comparative negligence, which means if you were partly at fault, your compensation is simply reduced by your share of the blame. Insurers often try to pin as much fault as possible on the rider to pay less, which is one more reason to have someone on your side who can push back.
What to Do After an Electric Scooter Accident
The steps you take after a crash can protect both your health and your claim. If you are able, try to:
- Get medical care right away. Some injuries, including concussions and internal harm, do not show symptoms immediately. A prompt exam protects your health and documents your injuries.
- Report the crash. Contact local authorities and ask how to obtain a copy of any report. An official record helps establish what happened.
- Document the scene. Take photos and video of the area, your injuries, the scooter, and anything that may have contributed, such as a pothole or broken pavement.
- Gather information. Collect names and contact details for the other drivers involved and any witnesses.
- Preserve the scooter. If you think a defect caused your crash, the scooter is evidence. Photograph the scooter, record its identification number, and save your rental records. Ask a lawyer promptly about preserving the scooter and its parts for inspection.
- Be careful with insurers. Before giving a recorded statement to another party’s insurer, consider speaking with a lawyer. Your own policy may have cooperation requirements.
Time matters, though not because of any single date on a calendar. Witnesses’ memories fade, security footage gets overwritten, and physical evidence at the scene can be cleaned up or repaired. The sooner an investigation begins, the stronger your claim can be. If you have questions, contact our team for a free consultation.
Compensation You May Be Able to Pursue
If you were injured on an electric scooter, you may be entitled to compensation for the full weight of what the crash has cost you. The value of a claim depends on the facts, including the severity of your injuries and how they affect your life.
Compensation may include:
- Medical Expenses: Emergency care, surgery, hospital stays, rehabilitation, and future treatment
- Lost Income: Wages you missed during recovery and reduced earning capacity if you cannot return to the same work
- Pain and Suffering: The physical pain and emotional strain that follow a serious injury
- Property Damage: Repair or replacement of your scooter and other personal belongings
- Long-Term Care: Ongoing costs when an injury causes a lasting or permanent disability
Every case is different, and no lawyer can promise a specific result. What we can do is work to build a full picture of your losses so nothing is left out.
How an Experienced Electric Scooter Accident Lawyer Can Help
Electric scooter cases can be more complicated than they look. They often involve several possible defendants, more than one insurance policy, and companies that are quick to shift blame onto the rider. Having an experienced lawyer on your side can make a real difference.
At Berg Injury Lawyers, we bring over 45 years of experience helping injured people across California. We can investigate your crash, identify every party and policy that may owe you compensation, handle the rental company’s arbitration clauses, and deal with the insurers so you do not have to.
We also make hiring a lawyer risk-free. Through our No Fee Guarantee®, if you don’t win (your case), you pay nothing. There’s no cost to get started, and your first consultation is always free.
Frequently Asked Questions
Here are answers to some of the most common questions about these claims.
What if a Defective Scooter or Battery Caused My Crash?
You may have a product liability claim against the manufacturer, distributor, or the company that maintained the scooter. Brake failures, sudden power loss, and battery problems are known hazards. Preserve the scooter if you can, because it may be the key evidence that a defect caused your crash.
Can I Still Recover if I Was Not Wearing a Helmet?
Yes. California’s pure comparative negligence rule means you can still recover while being partly at fault, or riding without a helmet as an adult. Your compensation is reduced by your share of the blame but does not erase your claim. Insurers may still argue otherwise, which is why it helps to have a lawyer respond.
Does the Scooter App’s Arbitration Agreement Stop Me From Filing a Claim?
Often, no. The arbitration and waiver language in a rental app’s terms may limit how a claim against the operator proceeds, but it does not bar a claim against an at-fault driver or a government entity. A lawyer can review the agreement and pursue every available path to recovery.
What Information Should I Gather at the Scene, if I Am Able?
Get medical care, report the crash, and document the scene with photos if you can. Collect contact information from the driver and any witnesses, and avoid giving a recorded statement to an insurer before speaking with a lawyer. If a defect may be involved, keep the scooter.
Am I Covered if I Was Hurt While Delivering on a Scooter?
It depends on the details of your crash and your work status at the time. The at-fault driver’s insurance, the delivery platform’s coverage, or your own uninsured motorist coverage may apply. A lawyer can review each policy to find every source of compensation available to you.
What Compensation May Be Available After an E-Scooter Accident?
You may be entitled to compensation for medical bills, lost income, pain and suffering, property damage, and long-term care costs. The value depends on the severity of your injuries and how they affect your daily life. No two cases are the same.
How Much Does It Cost to Hire an Electric Scooter Accident Lawyer?
Nothing up front. We work on a contingency fee, which means your first consultation is free and, through our No Fee Guarantee, if you don’t win (your case), you pay nothing. You can focus on recovering while we handle the legal work.
Talk to a California Electric Scooter Accident Lawyer Today
An electric scooter crash can leave you with far more than physical injuries. Medical bills, time away from work, and uncertainty about the future can pile up fast. You do not have to sort it out alone.
Our team can take over the investigation and the insurance calls so you can focus on healing. Remember, the sooner we start, the more evidence we can preserve before it is gone. Through our No Fee Guarantee, if you don’t win (your case), you pay nothing.
If you or someone you love was hurt in an electric scooter accident, contact Berg Injury Lawyers today for a free, confidential consultation. Get Berg!
