E-Scooter Accidents: Who Is Liable in NYC?

E-Scooter Accidents: Who Is Liable in NYC?

Electric scooters have changed how New Yorkers get around the city’s busy streets. These convenient devices offer a quick way to travel, but they also bring new safety concerns to the fore. According to the United States Consumer Product Safety Commission, E-scooter injuries increased by 22 percent during 2022 compared to 2021. This highlights the importance of understanding the laws surrounding E-scooter accidents.

When an E-scooter accident happens, determining liability can be complicated. It often depends on several factors that are specific to New York City laws. In this article, we will explain who might be held responsible and how personal injury attorneys can help you.

Understanding NYC Electric Scooter Laws

New York City’s electric scooter laws outline responsibilities for both E-scooter riders and other road users. These laws help determine who is at fault when an accident occurs.

Legal requirements that affect liability

In New York City, electric scooters are legal to ride, but riders must follow several laws. The law states that:

• Users cannot exceed 15 miles per hour
• Users must ride in bike lanes or on streets with speed limits of 30 mph or less
• Users are prohibited from riding on sidewalks
• Users aged 16 and 17 must wear helmets, though helmets are recommended for all riders

Riders who disobey these rules may be held liable for electric scooter accidents.

How location violations affect who pays

Where you choose to ride your E-scooter can affect your personal injury case. As mentioned above, E-scooter riders in New York City cannot operate on sidewalks unless it is allowed by a local law or ordinance. Scooter riders should use protected bike lanes when available.

This sidewalk ban is strictly enforced under NYC electric scooter laws. Breaking this law can lead to serious fines. Riding an E-scooter in a banned area can greatly affect who becomes responsible when accidents happen. Courts often put more blame on riders who use their scooters where doing so isn’t allowed under the law.

When E-Scooter Riders Are Liable for Accidents

Different rider behaviors create different levels of legal responsibility. In electric scooter accidents, the courts will examine the rider’s behavior to determine who is at fault. If your conduct contributed to your injuries, this can greatly affect your case.

Examples of common rider negligence include:

• Violating traffic signals and stop signs
• Riding under the influence of alcohol or drugs
• Exceeding posted speed limits or safe operating speeds
• Failure to yield the right-of-way when required by traffic rules
• Riding while distracted, using mobile devices

It is your responsibility as an E-scooter operator to follow traffic laws. The same traffic laws that apply to motor vehicles apply to electric scooters and e-bikes as well.

How Motor Vehicle Drivers Become Liable

Motor vehicle drivers share responsibility for road safety and must exercise reasonable care around E-scooter riders. Drivers may be held responsible for E-scooter accidents when they:

• Fail to check blind spots before changing lanes or turning
• Follow E-scooter riders too closely without accounting for their braking capabilities
• Drive aggressively to intimidate or endanger E-scooter riders
• Use a phone or apply makeup behind the wheel
• Open a car door without checking for approaching electric scooters or other traffic

When motor vehicle drivers fail in their duty of care, they become liable for damages and injuries. If your E-scooter accident was caused by a motor vehicle driver, you should contact an E-scooter accident lawyer.

Third-Party Liability in E-Scooter Cases

Besides E-scooter users and car drivers, other parties may be held responsible for E-scooter accidents. Third parties that can be held liable may include:

• Rental companies
• Government agencies
• Scooter company
• Property owners

E-scooter rental companies

Rental companies may face claims if they ignore known safety issues or fail to maintain their vehicles properly. These companies may be responsible if:

• The scooters are not properly maintained
• The scooter is rented out with known defects
• The rental company does not provide clear safety instructions

Local government agencies

Cities and local government agencies can be responsible for electric scooter accidents caused by poor road conditions. Examples of negligence by government agencies include:

• Unrepaired potholes
• Poor lighting on the streets
• Confusing or missing traffic signs

These government agencies must keep roads safe for all users. However, proving that a government agency was aware of the hazard may be difficult. As an E-scooter accident victim, you deserve compensation. Working with a skilled New York City personal injury lawyer is crucial when pursuing a claim against a government agency.

Private property owners

Electric scooter accidents can happen on private property. You may have been making a delivery or visiting a business establishment. If you were injured on private property, the owners may be liable for damages.

Some hazards property owners should be aware of include:

• Construction materials left without warning signs
• Uneven or cracked pavement that can catch E-scooter wheels
• Narrow pathways that don’t accommodate E-scooter width
• Sudden elevation changes without proper signage
• Loose gravel or sand that causes loss of traction
• Wet surfaces from sprinklers or drainage issues
• Chain barriers or low cables at E-scooter height
• Sharp turns or blind corners near building entrances

Electric scooter manufacturers

E-scooter manufacturers can be held responsible when scooter malfunctions cause accidents. In particular, common defect issues include:

• Faulty braking systems
• Steering problems
• Battery malfunctions
• Structural failures

Other road users

Other people on the road can cause E-scooter accidents through careless behavior. For instance, this includes:

• Cyclists who don’t follow traffic rules
• Pedestrians who make sudden movements
• Delivery drivers who are distracted

Insurance Coverage and Liability in E-Scooter Accident Cases

Insurance coverage is crucial for victims seeking compensation for their injuries and damages. In New York City, multiple insurance policies may apply depending on what happened. It’s important to understand how different policies work together and which ones may be available to you.

How personal insurance affects liability in New York City

Many E-scooter riders think their existing insurance will cover accident expenses. However, coverage varies widely between insurers and policy types.

Types of personal injury coverage that may apply include:

• Health insurance for immediate medical treatment and ongoing care
• Homeowners’ or renters’ insurance for personal liability protection
• Auto insurance policies that may extend to alternative transportation devices
• Personal umbrella policies that provide additional liability coverage
• Disability insurance for income replacement during recovery periods

When commercial insurance covers E-scooter liability

In New York City, commercial insurance for E-scooter rentals offered by companies likeLime, Bird, and Veo provides limited third-party liability coverage.

Commercial insurance typically covers third-party liability when:

• A device defect causes the incident
• A rider incurs medical bills within policy limits
• A malfunction results in property damage

This insurance is designed to protect pedestrians, cyclists, and others who may be injured by a rider using rented electric scooters. However, this coverage has limits and exclusions. These limits may leave victims without enough compensation to cover their losses.

Proving Responsibility in E-Scooter Accident Cases

Taking the right steps immediately after an accident can impact liability. These initial steps determine whether victims can successfully prove fault and recover compensation.

You need strong evidence in order to win your case. Physical evidence can disappear quickly, and witness memories fade over time. Therefore, immediate documentation is essential.

Important evidence to preserve includes:

• Photographs of the scene, vehicles, and injuries
• Police reports and incident numbers for official documentation
• Medical records and bills related to treatment
• Witness statements and contact information
• Rental records and maintenance logs, if they are applicable
• Weather and road condition information at the time of the collision

Compensation in E-Scooter Liability Cases

Victims have legal rights to seek compensation from the responsible parties. However, the process requires knowledge of responsibility rules and insurance requirements. New York’s legal system provides many avenues for recovery. Let’s explore this in more detail.

How liability affects damage awards

Personal injury compensation depends on several factors. The cause of the accident will prove whether you were partially at fault. As for the amount of compensation you can get, this will depend on the severity of your injuries.

Recoverable damages in an E-scooter accident case may include:

• Medical expenses for emergency treatment, surgery, and ongoing care
• Lost wages and reduced earning capacity due to E-scooter injuries
• Property damage to personal belongings or the device itself
• Future medical costs for continued treatment and rehabilitation
• Disability accommodations and assistive devices if permanently injured

Time limits for E-scooter liability claims

New York law sets strict time limits for filing personal injury lawsuits. Missing these deadlines can permanently prevent victims from seeking compensation. You have limited time to file accident claims, so quick legal action is crucial for protecting your rights.

Electric scooter accidents are subject to the same time limits as other personal injury cases. E-bikes and similar alternative transportation devices also have the same deadline requirements.

Claims against government agencies require special notice procedures with much shorter deadlines. Additionally, insurance claim deadlines may be shorter than personal injury lawsuit filing requirements.

Get Legal Help With E-Scooter Liability Cases

The legal process for these cases is often too complex for most people to handle alone. Professional legal representation helps level the playing field against experienced insurance adjusters. It also ensures that all legal requirements are met properly.

At Hill & Moin LLP, we understand how devastating collisions can be for victims and their families. We serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Over the years, we have helped numerous clients recover millions of dollars in compensation, and we are ready to assist you, too.

Call Hill & Moin LLP today at (212) 668-6000 to schedule your free case evaluation. Our attorneys will explain what we can do for you with our Personal Injury Recovery Solutions®.

Don’t wonder about your rights!