Electric Scooter Accidents in California: Who’s Liable and What to Do Next

Electric scooters (often called “e-scooters”) are everywhere in California—especially in Los Angeles. They’re convenient, but when something goes wrong, injuries can be serious and liability can get complicated fast. A scooter crash can involve a driver, a scooter rider, a pedestrian, a rideshare, a delivery van, a scooter rental company, a city agency, or multiple parties at once.

This guide focuses on the liability questions people search for after an electric scooter accident: Who is responsible? What evidence matters? How does comparative fault work? What should you do right away to protect your health and your claim?

Liability snapshot: the fastest way to size up an e-scooter case

• Who had the right of way? Crosswalks, driveways, bike lanes, and turns often decide fault.
• Was a motor vehicle involved? If so, insurance coverage is usually the main source of recovery.
• Did road conditions contribute? Potholes, broken asphalt, debris, or missing signage can shift liability toward a public entity or contractor.
• Was this a rental scooter? App records, maintenance history, and whether the scooter malfunctioned can become central.
• Was anyone distracted or impaired? Phone use, alcohol, or drugs can heavily influence negligence arguments.
• Did the rider follow basic safety rules? Speed, riding direction, riding on sidewalks, and helmet use may affect comparative fault and damages.
• Are there independent witnesses or video? Storefront cameras, dashcams, and doorbell footage can resolve disputes quickly.
• What injuries and medical documentation exist? Head injury, fractures, and “soft tissue” claims are valued differently depending on records and consistency.

Who can be responsible after an electric scooter accident?

California injury claims usually turn on negligence—whether someone failed to use reasonable care and that failure caused harm. In scooter cases, several categories of parties may be responsible, sometimes simultaneously.

1) A car or truck driver

Drivers may be liable when they:

• Fail to yield while turning left or right across a bike lane or scooter rider’s path
• Open a car door into a rider (“dooring”)
• Rear-end or sideswipe a scooter rider
• Pull out of a driveway or parking spot without checking
• Speed, tailgate, or drive distracted

These cases often hinge on right-of-way, visibility, and whether the rider was traveling where drivers should anticipate micromobility traffic (near bike lanes, curbside lanes, and intersections).

2) The scooter rider (if you were a pedestrian or another rider)

When a pedestrian is hit, the rider may be responsible for:

• Riding too fast for conditions
• Entering a crosswalk illegally or ignoring signals
• Riding on a sidewalk where it’s not permitted or where it creates an unreasonable hazard
• Weaving, wrong-way riding, or failing to yield

Even if you were the scooter rider who got hurt, your actions can still become part of the case through comparative fault (explained below).

3) A scooter rental company or operator

Rental scooters introduce additional questions:

• Maintenance and inspection: Were brakes, tires, throttle, folding mechanism, stem, or lights in safe condition?
• Known defective units: Was a scooter repeatedly reported as unsafe but kept in service?
• App and account records: Trip start/stop, speed data (if available), and user identity can matter.

Claims against a scooter company can involve negligence (poor maintenance) or, in some situations, product-related theories if a component failed unexpectedly.

4) A city, county, or other public entity (dangerous road conditions)

Some crashes are caused—or made much worse—by street defects or inadequate warnings, such as:

• Potholes, uneven pavement, sunken utility covers, or broken sidewalks
• Loose gravel, construction debris, or slippery surfaces not properly addressed
• Inadequate signage or poorly designed traffic patterns near bike lanes
• Malfunctioning traffic signals or poor nighttime lighting

Claims involving government entities have special rules and deadlines, so identifying this early can be critical.

5) A construction or utility contractor

If roadwork or utility work created hazards (trench plates, abrupt elevation changes, cones placed improperly, or debris left behind), the responsible contractor may be a key defendant—sometimes along with a public entity depending on control and notice.

6) Employers (work-related driving or delivery activity)

If a driver was working at the time—delivery, service calls, rideshare, or commercial transport—there may be an employer liability angle depending on the facts, which can affect available insurance and claim strategy.

Key California rules that commonly affect scooter injury claims

Electric scooter cases often rise or fall on a few recurring legal and practical issues. These aren’t “gotcha” rules—just common points insurers use to argue fault and value.

Right-of-way, intersections, and turning vehicles

Many serious scooter crashes happen at intersections. Typical disputes include:

• Whether the scooter rider entered on a green, a walk signal, or against a signal
• Whether the driver checked mirrors and blind spots before turning
• Whether the rider was in a bike lane, to the right of traffic, or moving between lanes

Bike lanes, sidewalks, and “where you were riding”

Insurers regularly focus on location:

• Were you riding in a bike lane or roadway where drivers should expect micromobility users?
• Were you riding on a sidewalk, against traffic, or in an area with limited visibility?
• Were you crossing mid-block rather than at a crosswalk?

Even when a rider’s choice was imperfect, that does not automatically eliminate a claim. It often becomes a percentage argument under comparative fault.

Helmet use and head injuries

Head trauma is a major issue in scooter crashes, including concussion and traumatic brain injury (TBI). Helmet use can become part of the defense narrative in a head-injury case. The details matter: medical findings, mechanism of injury, and whether a helmet would have prevented or reduced the harm.

Comparative negligence (shared fault)

California generally follows comparative negligence, meaning fault can be split. A rider might be found partly at fault for speed or lane position, while a driver may still be primarily responsible for turning unsafely or failing to yield. Shared fault usually affects the amount of damages recoverable rather than eliminating the claim outright.

Insurance realities: why scooter cases feel different

Scooter claims can involve multiple coverages and denial strategies. Common issues include:

• A driver disputes contact (“I never hit them”) or blames a road defect
• The insurer argues the rider was reckless or “came out of nowhere”
• Questions about whether the rider was working (delivery app) and which policy applies
• Arguments that injuries are “soft tissue” or pre-existing

One table that helps: who may be responsible and what proof matters most

What to do after an electric scooter accident (the actions that protect both health and the claim)

Whether you were the scooter rider or a pedestrian, the first priority is medical safety. The second is documenting what happened before it disappears.

1) Get medical attention and describe symptoms clearly

• Consider urgent care or the ER for head impact, loss of consciousness, confusion, vomiting, severe pain, or suspected fracture.
• Tell the provider exactly what happened (speed, fall, impact, vehicle contact) and where you hurt.
• Follow up if symptoms evolve—concussion and neck/back injuries can worsen over 24–72 hours.

2) Call police when appropriate and ask how to obtain the report

Not every scooter incident results in a report, but motor vehicle involvement, serious injury, or hit-and-run are strong reasons to request law enforcement response and documentation.

3) Photograph the scene like an investigator

• Wide shots: intersection, lanes, signage, crosswalk markings, traffic signals
• Medium shots: curb, potholes, debris, skid marks, door position, points of rest
• Close-ups: scooter damage, vehicle damage, torn clothing, visible injuries

Time-stamp if possible and capture lighting conditions (nighttime visibility can be a major dispute point).

4) Identify witnesses and secure video quickly

Witnesses leave. Cameras overwrite. If you can:

• Get names and numbers of pedestrians, store employees, nearby drivers
• Ask nearby businesses about surveillance cameras and how long footage is kept
• Save your own phone data (photos, videos, location history)

5) Preserve the scooter and app data (especially for malfunction claims)

If a scooter defect is suspected (brake failure, sudden acceleration, wobble), preservation is important. Avoid repairing, discarding, or continuing to ride the same scooter. If it was a rental, keep screenshots of the trip and any in-app incident report.

6) Be careful with recorded statements and early blame

In the aftermath, people often apologize or speculate—then those statements get used against them. Stick to facts. If an insurer calls quickly, it’s reasonable to say you’re still getting medical care and will follow up.

7) Track expenses and day-to-day impact

Keep copies of:

• Medical bills, discharge instructions, prescriptions
• Physical therapy plans and progress notes
• Work notes, missed-time documentation, and job duty restrictions
• Out-of-pocket costs (rides, medical equipment)

Common defenses and how they show up in scooter claims

Understanding typical defense themes helps you recognize what evidence matters.

“You came out of nowhere”

This usually means visibility and expectation. Evidence that helps: video, witness statements, and proof you were traveling predictably (in a bike lane, at an intersection with the signal).

“You were riding illegally/on the sidewalk/wrong way”

Even if location is disputed, liability may still rest primarily on a driver who turned unsafely or failed to keep a proper lookout. The real question becomes comparative fault percentages.

“No contact” (especially in fall-only or near-miss crashes)

Some scooter riders crash while avoiding a vehicle. These cases are often proof-heavy. Independent witnesses, video, and immediate reporting can be crucial.

“Your injuries are minor” or “pre-existing”

Insurers look for gaps in care and inconsistencies. Consistent treatment, imaging when appropriate, and clear symptom documentation can matter as much as the initial diagnosis.

Damages in electric scooter injury cases: what may be recoverable

Every case is fact-specific, but damages commonly involve:

• Medical expenses: ER, imaging, surgery, follow-ups, physical therapy, medications
• Future medical care: ongoing therapy, specialist care, or future procedures when supported by records
• Lost income: missed work, reduced hours, inability to perform job duties
• Loss of earning capacity: when injuries affect long-term work ability
• Pain and suffering: physical pain, limitations, sleep disruption, and loss of normal activities
• Property damage: personal items damaged in the wreck (phone, glasses, clothing); scooter damage disputes vary depending on ownership

Valuation often turns on medical consistency, the severity and duration of symptoms, objective findings (when present), and how clearly liability can be proven.

Example scenario (hypothetical)

Hypothetical: A rider travels in a marked bike lane on a busy Los Angeles street at dusk. A vehicle makes a right turn across the bike lane into a driveway and hits the scooter. The rider goes over the handlebars and suffers a wrist fracture and concussion symptoms. The driver says the rider was “going too fast” and “hard to see.”

• Likely liability focus: right turn across a bike lane (duty to yield), visibility at dusk, and whether the rider had lights/reflectors.
• Evidence that could matter: nearby storefront camera showing the turn, photos of the bike lane markings and driveway, the vehicle’s right-front damage, medical records documenting head symptoms immediately, and witness contact info from pedestrians at the corner.
• Comparative fault possibilities: If the rider lacked a front light at dusk or was traveling unusually fast for conditions, the defense may argue partial fault—while the driver may still bear the larger share for turning across the lane unsafely.

Special situations that change the analysis

Hit-and-run scooter collisions

If a driver flees, immediate reporting matters. Try to capture:

• Plate number (even partial), make/model, color, distinguishing damage
• Direction of travel and time
• Any nearby cameras that may have captured the vehicle

Single-scooter falls

Single-vehicle falls can still involve liability if:

• A road hazard caused the fall (pothole, debris, broken pavement)
• A scooter defect or maintenance issue contributed

These cases tend to be evidence-driven because there’s often no opposing driver who “confirms” a collision.

Pedestrian struck by an electric scooter

Pedestrians often suffer shoulder, back, or head injuries from falls after impact. Important issues include where the pedestrian was walking (crosswalk, sidewalk, curb area), the rider’s speed, and whether the rider had time and space to avoid the collision.

Collisions involving rideshare or delivery vehicles

Work status and app activity can affect which insurance applies and how coverage investigations proceed.

When to talk to a lawyer about an electric scooter accident

It may be worth getting legal help when:

• You have a fracture, head injury, significant road rash, or lasting symptoms
• Fault is disputed or multiple parties may share responsibility
• There’s a possible road defect or government-entity involvement
• It was a hit-and-run or there’s limited evidence
• An insurer pressures you for a recorded statement or quick settlement

FAQ

Are electric scooters legal in California?

Answer: Generally yes, but they’re regulated. Rules on where you can ride (roadway, bike lane, sidewalk) and equipment requirements can affect fault arguments after a crash.

Who pays if a car hits me while I’m on a scooter?

Answer: Usually the driver’s auto insurance is the primary source if the driver was negligent. The key issues are proving how the collision happened and documenting your injuries.

What if I fell because of a pothole or bad pavement?

Answer: A public entity or contractor may be responsible if a dangerous condition existed and notice/maintenance issues can be shown. These claims are time-sensitive and evidence-heavy, so documenting the defect immediately is important.

Can I still recover if I wasn’t wearing a helmet?

Answer: Potentially yes. Helmet issues often become part of comparative fault or injury-causation arguments, especially for head injuries, but they don’t automatically eliminate liability by a negligent driver.

What if the scooter brakes failed?

Answer: Maintenance, condition, and component failure become central. Preserve the scooter if possible and capture photos and app/trip details so the cause can be evaluated.

Should I give the insurance company a recorded statement?

Answer: It depends. Recorded statements can lock you into details before you know the full medical picture or have all the facts, so it’s reasonable to be cautious and get guidance first.

How long do I have to file a claim after a scooter accident in California?

Answer: Deadlines vary by the type of defendant and claim. Cases involving public entities can have much shorter notice requirements than typical injury claims, so it’s wise to confirm the timeline early.

Talk to CallJacob.com about your electric scooter accident

If you were injured in an electric scooter accident in California, Jacob Emrani and the team at CallJacob.com can help you understand potential liability, what evidence is important, and what next steps may make sense for your situation. Reaching out for information early can be especially important when video footage, scooter data, or roadway hazards are involved.

Disclaimer: This article is general educational information and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice about your specific situation, consult a qualified California personal injury attorney.