Electric scooters (or e-scooters) are a relatively new mode of transport that, until recently, were not permitted to drive on the road. An e-scooter has all the proponents of a push scooter but with a motor that propels the vehicle forward, reaching speeds of up to 30mph. Due to the pandemic, e-scooters have been useful for getting around as they are small, easy to store and quick. Their speed, along with their size, means they are a vehicle that makes users vulnerable when it comes to traffic accidents.

Here, we take a look at the law and whether or not it’s feasible to make a claim for an injury involving an e-scooter.

What is the law relating to e-scooters?

When e-scooters were first introduced, it was illegal to ride them in public, i.e. on roads and pavements, and they could only be used on private land that you had permission to be on or owned. While this is still true of privately owned e-scooters, last year the Department for Transport permitted a 12-month trial of e-scooter rental across the country in a bid to reduce the risk of exposure to coronavirus on cramped public transport in larger cities.

Over the trial period, it is mandatory for any person renting an e-scooter to be above the age of 16 and hold a provisional or full driving licence. E-scooters are banned from pavements and pedestrian-only areas and are limited to a top speed of 15.5mph. As e-scooter users will be riding amongst vehicle drivers, it is strongly recommended that a helmet should be worn.

It is hoped that the trial will lead to laws that allow owned e-scooters to be used legally on roads.

What are the risks of using e-scooters?

As with any motorised method of transport, there are a number of risks associated with using an e-scooter on the roads and in public. As we’ve already mentioned, they can reach dangerous speeds in excess of 30mph and with some only being equipped with one brake, this can make stopping difficult. Also, riders not having to wear a helmet or any other safety equipment pose significant risks if users are involved in collisions.

Incidents involving e-scooters have already resulted in fatalities in numerous countries, including the UK, with television presenter Emily Hartridge named the first person in England killed while riding an e-scooter. Around the world, there have been reports about the number of accidents involving e-scooters. In the US, research highlighted a 219% increase in accidents between 2014 and 2018, from 4,583 in 2014 to 14,641 in 2018, while in France, accidents have plagued Paris.

So, can I make a claim for an accident involving an e-scooter?

If you are responsible for an accident while riding a rented e-scooter and were in breach of the terms of the contract that you agreed with the rental company, then you could find yourself as the subject of a compensation claim by an injured party. Likewise, if you were to use an e-scooter in a prohibited area, such as on pavements or through underpasses.

For users who have operated an e-scooter in line with the terms of service and sustained an injury in an accident that was not their fault, a compensation claim may be made. This is more likely if the at-fault party was driving a motor vehicle where insurance is mandatory.

If you are unfortunate enough to be involved in an accident, it is important that you follow these steps:

1. Notify the police of the incident
2. Take the details of the person responsible for the accident
3. Take the details of any witnesses to the accident
4. Photograph the accident scene and any damage caused
5. Request CCTV footage if the accident occurred in a surveilled area

To speak to a solicitor if you have been involved in an e-scooter accident, contact us today on 0345 872 6666, or fill in our online enquiry form to request a call back. For more information on e-scooter accidents, visit our dedicated page.

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