Scooter Accident Lawyer Los Angeles, CA
Electric scooters transformed Los Angeles almost overnight. Bird, Lime, Spin, and other operators flooded city streets with dockless scooters that anyone could rent with a smartphone app. Suddenly, scooters were everywhere—and so were scooter accidents.
Riders hit by cars. Pedestrians struck by scooters on sidewalks. Riders thrown by potholes and broken pavement. Scooters malfunctioning at speed. The injuries are real: broken bones, traumatic brain injuries, facial trauma, road rash that requires skin grafts.
But when you try to recover compensation, you run into a wall of complexity. Who’s liable—the scooter company, the city, another driver, you? Insurance coverage is murky. Scooter companies hide behind user agreements and liability waivers. Cities point fingers at operators. Everyone avoids responsibility while you pay the bills.
Cohen Injury Law Group represents scooter accident victims throughout Los Angeles County. As a Los Angeles personal injury law firm with decades of experience, we understand the emerging law around electric scooter liability. Wayne R. Cohen has tried cases for more than three decades. He cuts through the confusion and finds parties who can be held accountable.
We work on contingency. You pay nothing unless we recover compensation. If you need a Los Angeles scooter accident lawyer, call us for a free consultation.
California E-Scooter Laws
California was among the first states to regulate electric scooters. Key rules:
Where you can ride. Under Vehicle Code Section 21235, e-scooter riders:
- May use bike lanes, bicycle paths, and roads with speed limits of 25 mph or less
- May not ride on sidewalks (unless permitted by local ordinance)
- May not exceed 15 mph
- Must yield to pedestrians
Helmet requirements. Vehicle Code Section 21235(c) requires helmets for riders under 18. Adults are not required to wear helmets—but head injuries are the leading cause of serious scooter injuries.
Driver’s license. Riders must have a valid driver’s license or instruction permit.
No passengers. Scooters are single-rider vehicles.
DUI applies. Operating a scooter while intoxicated is illegal under Vehicle Code Section 21221.5.
Los Angeles has additional regulations through its Dockless On-Demand Personal Mobility Ordinance. Operators must obtain permits, maintain insurance, and follow deployment rules.
Types Of Scooter Accidents In Los Angeles
E-scooter accidents take many forms:
- Collisions with motor vehicles. Cars hitting scooter riders—dooring, right-hooks, left-turns, rear-ends. The same collision patterns that affect cyclists, but scooter riders are even less visible and scooters are less stable.
- Road hazard crashes. Potholes, cracks, debris, railroad tracks, uneven pavement. Scooter wheels are small—hazards that cars and even bikes navigate easily can throw scooters violently.
- Pedestrian collisions. Riders striking pedestrians, especially when riding illegally on sidewalks or in crowds. Pedestrians suffer injuries; riders may too.
- Single-rider crashes. Loss of control, excessive speed, braking errors, rider inexperience. Many scooter injuries don’t involve other parties.
- Scooter malfunction. Brake failure, throttle stuck, wheel detachment, handlebar collapse, battery fires. Defective scooters create product liability claims.
- Improperly parked scooters. Pedestrians tripping over scooters left on sidewalks. A growing problem as scooter density increases.
- Multi-scooter collisions. Groups of riders, competitive behavior, inexperience leading to crashes between scooters.
- Hit-and-run accidents. Drivers who strike scooter riders and flee. LA’s hit-and-run problem extends to scooter victims.
Who’s Liable In A Scooter Accident?
Scooter accident liability can fall on multiple parties:
Motor vehicle drivers. Drivers who hit scooter riders through negligence—failure to yield, distracted driving, dooring—are liable under standard negligence principles. California’s Civil Code Section 1714 applies.
Scooter riders. Riders who cause accidents—hitting pedestrians, causing vehicle crashes—can be held liable. Riders who violate traffic laws may face comparative fault reductions.
Scooter companies. Bird, Lime, Spin, and other operators may be liable for:
- Defective scooters (product liability)
- Negligent maintenance
- Negligent deployment (placing scooters in dangerous areas)
- Failure to warn of known hazards
Scooter companies require users to sign agreements with liability waivers and arbitration clauses. These aren’t always enforceable—particularly for product defects or gross negligence.
Government entities. Cities responsible for road maintenance may be liable for dangerous conditions—potholes, uneven pavement, missing signage. Claims require filing under the California Government Claims Act within six months.
Property owners. Private property owners may be liable for hazards on their premises—parking lot defects, uneven surfaces, obstacles.
A scooter accident lawyer identifies all potentially liable parties and their insurance coverage.
The Liability Waiver Problem
Every scooter rental requires accepting a user agreement. These agreements typically include:
- Assumption of risk provisions
- Liability waivers
- Mandatory arbitration clauses
- Class action waivers
Do these hold up? It depends.
What waivers can’t cover:
- Gross negligence or intentional misconduct
- Product defects (strict liability)
- Injuries to third parties (pedestrians you hit, or who hit you)
What courts consider:
- Was the waiver clear and conspicuous?
- Did the user have meaningful choice?
- Does the waiver violate public policy?
California courts have invalidated some scooter company waivers as unconscionable. Each case depends on specific circumstances. Don’t assume a waiver bars your claim—consult an attorney.
Common Scooter Accident Injuries
Scooter riders have minimal protection. Even low-speed falls cause serious injuries:
- Traumatic brain injuries. Head impacts against pavement or vehicles. Most scooter riders don’t wear helmets (even though they should). TBIs range from concussions to permanent cognitive impairment.
- Facial injuries. Forward falls land riders on their faces. Broken jaws, lost teeth, orbital fractures, facial lacerations. Permanent scarring is common.
- Broken bones. Wrists, arms, collarbones, ankles. Instinctive bracing during falls fractures upper extremities. Ankle injuries from foot placement on scooters.
- Road rash. Even at 15 mph, sliding across pavement shreds skin. Scooter riders typically wear street clothes, not protective gear.
- Spinal injuries. Falls onto the back or violent impacts can damage spines. Herniated discs, fractured vertebrae, spinal cord damage.
- Internal injuries. Handlebar impacts to the abdomen cause organ damage. Blunt trauma from vehicle collisions.
- Dental injuries. Forward falls drive faces into pavement. Knocked-out teeth, fractured teeth, jaw injuries.
- Soft tissue injuries. Sprains, strains, contusions. Often dismissed but genuinely painful and limiting.
The CDC has studied e-scooter injuries, finding head injuries especially prevalent.
What To Do After A Scooter Accident
Protecting your rights requires immediate action:
At The Scene
- Get to safety if possible. Move out of traffic if you can do so without worsening injuries.
- Call 911 for injuries. Get police and EMS to the scene. A police report documents what happened.
- If a vehicle was involved, get driver information. Name, phone, license, insurance.
- Document the scooter. Photograph the scooter, its ID number, and any visible defects. If it malfunctioned, don’t let anyone take it—it’s evidence.
- Photograph the scene. Road conditions, any hazards, traffic controls, your injuries.
- Get witness information. Names and phone numbers.
- Screenshot your ride. Use the app to capture your trip information before it disappears.
After The Scene
- Seek medical attention. Even if injuries seem minor. Scooter crash injuries—especially head injuries—may not show symptoms immediately.
- Preserve your helmet (if you wore one). Damage patterns can show impact severity. If you didn’t wear a helmet, be prepared for comparative fault arguments.
- Document your recovery. Photograph injuries as they develop. Keep a journal of pain and limitations.
- Report the accident to the scooter company through the app. This creates a record.
- Don’t admit fault in any statements. Let investigation determine what happened.
- Contact a scooter accident attorney before signing anything or accepting settlements.
Insurance Complications In Scooter Accidents
Insurance coverage for scooter accidents is often unclear:
Your auto insurance. May not cover you as a scooter rider. Policies are written for motor vehicles, not personal mobility devices.
Your health insurance. Covers medical treatment but doesn’t compensate for pain and suffering or lost wages.
Scooter company insurance. Operators maintain liability insurance as required by their city permits. Coverage is available for valid claims, but companies fight to avoid paying.
The at-fault driver’s insurance. If a car hit you, standard auto liability coverage applies. This is often the clearest path to recovery.
Your uninsured motorist coverage. May apply if a vehicle hit you and fled or was uninsured. Check your policy.
Homeowner’s/renter’s insurance. May provide some liability coverage if you injured someone while riding. Varies by policy.
A scooter accident lawyer untangles these coverage questions and identifies viable sources of recovery.
Damages In Scooter Accident Cases
Scooter accident victims can recover:
Medical expenses. Emergency care, hospitalization, surgery, dental work, plastic surgery, rehabilitation. Head and facial injuries often require extensive treatment.
Lost income. Wages lost during recovery. Future lost earning capacity if injuries affect long-term ability to work.
Pain and suffering. Physical pain, emotional distress, scarring, disfigurement. The California Civil Jury Instructions guide damage calculations.
Property damage. Personal items damaged in the crash. If you owned the scooter (rather than renting), its value.
Disability. Permanent impairments affecting mobility or cognitive function.
Disfigurement. Facial scarring from road rash or impact injuries.
Wrongful death. If a scooter accident is fatal, families can recover funeral costs, lost support, and loss of companionship.
Frequently Asked Questions About Los Angeles Scooter Accident Claims
Can I Sue Bird Or Lime If Their Scooter Malfunctioned?
Potentially. If a defect in the scooter caused your crash—brake failure, wheel issues, handlebar problems—product liability claims may apply despite user agreement waivers. Defective product claims are harder to waive than negligence claims.
What If I Wasn’t Wearing A Helmet?
Adults aren’t legally required to wear helmets in California. Not wearing one doesn’t bar your claim. However, if you suffered head injuries, comparative fault may reduce compensation for those specific injuries. You can still recover for other injuries and damages.
Does Signing The User Agreement Mean I Can’t Sue?
Not necessarily. Liability waivers have limits. They typically can’t cover product defects, gross negligence, or injuries to third parties. California courts have found some e-scooter waivers unconscionable. An attorney evaluates whether the waiver applies to your situation.
What If A Pothole Caused My Crash?
The government entity responsible for road maintenance may be liable. You must file an administrative claim within six months under the Government Claims Act. These cases are viable but have strict deadlines.
What If I Hit A Pedestrian While Riding?
You may be liable for the pedestrian’s injuries. Your homeowner’s or renter’s insurance might provide coverage. The scooter company’s insurance may also apply in some circumstances. Consult an attorney about your exposure and options.
What If The Driver Who Hit Me Fled The Scene?
Hit-and-runs are common in LA. Your uninsured motorist coverage may apply. Investigation—surveillance cameras, witnesses—may identify the driver. A scooter accident attorney pursues all options.
Can I Recover If I Was Riding On The Sidewalk Illegally?
Riding on sidewalks violates California law (and most local ordinances). You may face comparative fault reduction. But illegal sidewalk riding doesn’t eliminate other parties’ liability. If a driver hit you, they’re still responsible for their negligence.
How Do I Prove The Scooter Was Defective?
Preserve the scooter if possible. Photograph any visible issues. Report the malfunction through the app immediately. The scooter company’s maintenance records, other complaints about similar defects, and expert analysis can establish defects.
Does Auto Insurance Cover Scooter Accidents?
Usually not for the rider. Scooters aren’t “motor vehicles” under most auto policies. However, if a car hit you, the driver’s auto insurance applies. Your own UM coverage may help in hit-and-run or uninsured driver situations.
Are E-bikes And E-scooters Treated The Same Legally?
No. California has separate regulations for e-bikes and e-scooters. Speed limits, where they can operate, and other rules differ. The liability analysis is similar but distinct.
How Much Are Scooter Accident Cases Worth?
Varies based on injuries and liable parties. Minor injuries might settle for $15,000-$40,000. Serious injuries—TBI, facial trauma, multiple fractures—can be worth hundreds of thousands, especially if a motor vehicle was involved.
What If I Was Intoxicated When The Accident Happened?
Operating a scooter while intoxicated is illegal. Your intoxication may establish comparative fault. But intoxication doesn’t eliminate other parties’ liability. If a driver ran a red light and hit you, they bear responsibility regardless of your sobriety.
How Long Do I Have To File A Scooter Accident Lawsuit?
Two years from the accident under California Code of Civil Procedure Section 335.1. Claims against government entities require administrative claims within six months. Evidence preservation matters—don’t wait.
Do I Need A Lawyer For A Scooter Accident?
Scooter cases involve emerging law, liability waivers, insurance complications, and multiple potential defendants. An experienced Los Angeles injury attorney navigates this complexity and typically recovers more than unrepresented claimants.
Who Regulates Scooter Companies In Los Angeles?
LADOT administers the city’s dockless mobility program, requiring permits, insurance, and operational standards. The California Public Utilities Commission has limited jurisdiction over some aspects.
Scooter Accident Statistics
E-scooters have created a new category of traffic injuries:
From the CDC:
- E-scooter injuries have increased dramatically since scooter-share programs launched
- Head injuries are among the most common serious injuries
- Most injured riders weren’t wearing helmets
- Nearly half of injuries were to first-time riders
From the Consumer Product Safety Commission:
- Micromobility-related emergency department visits have increased substantially
- Scooters account for a significant portion of micromobility injuries
UCLA research found that in the first year of scooter-share in LA, emergency rooms saw a significant increase in scooter-related injuries. Head injuries and fractures were common.
Local Resources For Scooter Accidents In Los Angeles
Law Enforcement:
- LAPD – 911 for emergencies, (877) 275-5273 non-emergency
- CHP – If accident occurred on state highway
- LA County Sheriff – Unincorporated areas
City Resources:
- LADOT Scooter Program
- LA City 311 – Report improperly parked scooters
Scooter Company Contacts:
- Bird: In-app reporting
- Lime: In-app reporting
- Spin: In-app reporting
Legal Resources:
Why Hire Cohen Injury Law Group For Your Los Angeles Scooter Accident Case?
We navigate emerging law. Scooter liability is still developing. We stay current on regulations, case law, and liability theories.
We challenge liability waivers. User agreements don’t always hold up. We analyze waivers and identify grounds to proceed despite them.
We identify all liable parties. Drivers, scooter companies, government entities, property owners. Multiple defendants mean more recovery options.
We understand insurance complexities. Scooter accidents create coverage gaps. We find viable insurance sources.
Trial experience. Wayne R. Cohen has tried cases for over three decades. That experience matters when defendants refuse fair settlements.
No fee unless we win. Contingency only. We advance all costs.
What our clients say:
⭐⭐⭐⭐⭐ “I cannot recommend Nick enough. He is extremely supportive of the clients he works with, and approaches each case with precision and care. I trust Nick with any type of legal advice.”
Schedule A Free Consultation With A Los Angeles Scooter Accident Attorney
If you were injured in an e-scooter accident in Los Angeles County, we’ll evaluate your case for free. You pay nothing unless we recover compensation.
We represent scooter accident victims throughout Los Angeles—riders injured by negligent drivers, pedestrians struck by scooters, and anyone hurt by defective equipment or dangerous conditions.
Contact our Los Angeles scooter accident lawyers today for a free consultation.