E-Scooter Accidents on the Rise: Know Your Legal Rights

Electric scooters have become popular in New Jersey cities like Jersey City and Newark. They’re convenient, environmentally friendly, and fun to ride. However, with more e-scooters on the streets, accidents are increasing rapidly.

The U.S. Consumer Product Safety Commission reported that e-scooter and e-bike injuries increased nearly 21% in 2022, with almost 200,000 emergency room visits for micro-mobility injuries between 2017 and 2020. If you’ve been hurt in an e-scooter accident, understanding your legal rights is important.

New Jersey E-Scooter Laws You Need to Know

New Jersey has specific laws governing e-scooters. Understanding these rules can help determine who’s responsible when accidents happen.

Current Legal Requirements

In New Jersey, e-scooter operators don’t need a license, insurance, or registration for most types of electric scooters. Helmet use is required for riders under age 17.

E-scooter riders must follow the same traffic laws as bicycles, including riding in the same direction as traffic and obeying all traffic lights.

Proposed Changes

Recent legislation moving through the New Jersey Senate would require e-bikes and e-scooters to be registered with the state and carry insurance coverage for liability, personal injury, and uninsured motorists. These changes could affect future accident cases.

Common Causes of E-Scooter Accidents

E-scooter accidents happen for many reasons:

Vehicle collisions when cars, trucks, or buses don’t see e-scooter riders or misjudge their speed.

Poor road conditions including potholes, uneven pavement, construction debris, and unmarked hazards.

Mechanical problems such as brake failure, flat tires, or throttle malfunctions on rental scooters.

Rider inexperience when people rent scooters without understanding how to operate them safely.

Weather hazards like rain, ice, or strong winds that make e-scooters harder to control.

Serious Injuries Are Common

Studies show that e-scooter accidents often result in fractures (26-32% of cases) and head injuries (28-40% of cases). E-scooter riders are also more likely to sustain internal injuries compared to regular scooter riders.

Common e-scooter injuries include:

• Broken bones in arms, legs, and wrists
• Head trauma and concussions
• Road rash and deep cuts
• Internal injuries from severe impacts
• Spinal cord injuries

Even minor-seeming accidents can cause serious harm because e-scooters offer no protection during crashes.

Legal Challenges for Riders

E-scooter accident cases can be complex. Riders face several challenges:

Insurance Coverage Issues

Currently, there is no insurance product specifically designed for e-bikes and e-scooters in New Jersey. Most personal auto insurance policies don’t automatically cover e-scooter accidents, which can complicate getting compensation for injuries.

Rental Company Agreements

Many e-scooter rental companies require users to sign agreements that may limit the company’s liability. However, these agreements don’t always prevent injured riders from seeking compensation.

Determining Fault

Like any traffic accident, determining who caused the crash is crucial. Factors include:

• Whether the rider was following traffic laws
• If the driver was paying attention and driving safely
• Road conditions and visibility
• Equipment malfunctions

Legal Challenges for Drivers

Drivers involved in e-scooter accidents also face legal issues:

Proving fault can be difficult when accidents involve small, fast-moving vehicles that may be hard to see.

Insurance disputes may arise when determining which insurance policy covers the accident.

Understanding e-scooter laws is important since many drivers aren’t familiar with the rules governing these vehicles.

What to Do After an E-Scooter Accident

Taking the right steps after an accident protects your legal rights:

Get Medical Help Immediately

See a doctor even if you feel okay. Some injuries, like concussions, don’t show symptoms right away. Medical records will be important evidence.

Call the Police

Report the accident and request a police report. This creates an official record of what happened.

Document Everything

Take photos of:

• The accident scene
• Vehicle and scooter damage
• Road conditions
• Your injuries
• Any traffic signs or signals

Collect Information

Get contact details from:

• The other driver (if involved)
• Any witnesses
• The scooter rental company (if applicable)

Keep All Records

Save rental agreements, medical bills, repair estimates, and any communication about the accident.

Contact a Lawyer

An experienced personal injury attorney can help you navigate insurance claims and determine your legal options.

How Legal Help Makes a Difference

E-scooter accident cases often involve multiple parties – riders, drivers, rental companies, and insurance companies. Each may try to avoid responsibility.

The Law Offices of Anthony Carbone can help by:

• Investigating what caused your accident
• Dealing with insurance companies on your behalf
• Gathering evidence to support your claim
• Working with medical experts to document your injuries
• Fighting for fair compensation for medical bills, lost wages, and pain and suffering

Time Limits for Legal Action

New Jersey has a two-year statute of limitations for personal injury cases. This means you have two years from the date of your accident to file a lawsuit. Waiting too long could cost you your right to seek compensation.

Protect Your Rights After an E-Scooter Accident

E-scooters are here to stay, but accidents don’t have to ruin your life. Whether you’re a rider who was hit by a car or a driver who collided with an e-scooter, understanding your legal rights is crucial.

Don’t try to handle insurance companies or legal issues alone. Contact The Law Offices of Anthony Carbone today for a free consultation. We’ll review your case, explain your options, and fight to get you the compensation you deserve.

Your recovery is important – make sure your legal rights are protected too.

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