E-Scooter Accidents: Legal Rights for Riders and Pedestrians

Electric scooters (e-scooters) are common in Chattanooga these days. They’re a convenient, eco-friendly way to navigate the city and fun to ride. However, with their rise in popularity, there’s been an increase in accidents involving both riders and pedestrians. If you ride an e-scooter or just walk the city’s sidewalks, understanding your legal rights in these situations is important.

E-scooter popularity

Before we talk about accident specifics, let’s explore the rise in the popularity of e-scooters. And make no mistake, they’re popular worldwide, not just in the Southeast or the US in general.

Germany alone is predicted to have 12,000,000 scooter riders by the end of this year (2025), and that’s just one nation in the EU. Analysts expect that, worldwide, we’ll have 110 million e-scooter riders before 2026. The market is expected to reach $50.78 billion by 2032.

 

What does that look like in Chattanooga? We only need to look at the rise of e-scooter rental and sharing platforms, like Bike Chattanooga, which started its pilot program in 2019, and ChattaScooter, which expanded its e-scooter network in 2020.

The rise of e-scooter accidents in Chattanooga

Since their introduction, e-scooters have been linked to a growing number of injuries nationwide. In 2018, Austin, Texas, reported 192 scooter-related injuries over three months, with nearly half being head injuries. Less than 1% of the injured riders wore a helmet.

Across the US, authorities have tracked an upswing in such accidents, with injuries increasing by almost 21% in 2022. The US Consumer Product Safety Commission (CPSC) noted that e-scooter injuries have risen by 21-22% each year since 2017, with almost half of all injuries between 2017 and 2022 occurring in 2022 (the most recent year the organization has data for).

Chattanooga has experienced its share of incidents, too. One such was the death of physical therapist Brady Gaulke after being hit on an e-scooter after making an unlawful turn. While the city has enacted several temporary and partial bans, e-scooters are widely available today.

As such, it’s important for riders and pedestrians to understand their legal rights, the rights of others, what to do after an accident, and how to prevent e-scooter accidents in the first place.

Legal rights for e-scooter riders

Many of those injured in e-scooter accidents are riders. If you’re injured while riding an e-scooter in Chattanooga, several factors determine your legal rights:

• Negligence: If another party’s negligence caused the accident, such as a motorist failing to yield, you might be entitled to compensation for medical expenses, lost wages, and pain and suffering.
• Product liability: If the accident resulted from a malfunction or defect in the e-scooter, the manufacturer or rental company could be held liable.
• Compliance with traffic laws: Adhering to local traffic laws, including helmet use and riding in designated areas, strengthens your claim. Non-compliance can complicate legal proceedings.

Legal rights for pedestrians

While many e-scooter accidents in Chattanooga involve riders and regular vehicles, pedestrian accidents also happen. Pedestrians injured by e-scooter riders also have legal avenues:

• Rider negligence: If a rider’s reckless behavior caused your injury, you could pursue a personal injury claim against them. E-scooter riders are bound by the same traffic laws as vehicle drivers.
• Municipal liability: In cases where poor infrastructure or lack of proper signage contributed to the accident, the city might share some liability. It’s the city’s responsibility to ensure the safety infrastructure is in place and that clear, accurate signage is present.

Steps to take after an e-scooter accident

Sometimes, despite everyone’s best efforts, an accident will happen. Knowing what to do can help. If you’re involved in an e-scooter accident, consider these steps:

1. Seek medical attention: Prioritize your health by getting a thorough medical evaluation. Don’t assume that just because you feel fine, that you are fine. Head injuries are notorious for showing symptoms long after the initial accident.
2. Document the scene: Take photos, gather statements from any witnesses, and note any relevant details. This will help you establish what happened and strengthen your version of events leading up to the accident.
3. Report the incident: Alert the police about the accident. If applicable, let the e-scooter rental company know, too (if there’s damage to a rental scooter, for instance).
4. Consult a personal injury attorney: An experienced personal injury attorney can guide you through the process and help make sure that your legal rights are protected.

Of course, the best option is to avoid accidents in the first place. The right preventative measures can make a serious difference.

An ounce of prevention

Preventing e-scooter accidents (and injuries during those accidents) comes down to following a few simple rules. To reduce the risk of accidents:

• Wear protective gear: Always wear a helmet and consider additional protective equipment. The most common injuries in e-scooter accidents are to the head, as well as the hands, arms, and legs.
• Follow traffic laws: Obey all local traffic regulations and signals. Remember that e-scooter drivers are expected to obey the same laws and road rules as people driving passenger vehicles. That means signaling when turning, not driving the wrong way on one-way streets, giving way to pedestrians, and more.
• Stay alert: It’s all too easy to become distracted while on an e-scooter. Stay alert to your surroundings, including pedestrians, vehicles, and road conditions. Using an e-scooter with a phone dock can help here, too.

Here’s to a safer Chattanooga

E-scooters offer a fun, convenient, affordable solution to urban transportation challenges, but they come with more than a few risks. By understanding your legal rights and responsibilities, you can make informed decisions while riding. If you’re involved in an accident, you can take the proper steps to protect your health (and the health of anyone else involved), as well as your legal rights.

If you’ve been injured in an e-scooter accident, please call our office or use our digital contact form to schedule a free case evaluation in Chattanooga today. We also work with clients throughout Cleveland and North Georgia.