Who’s at Fault in an E-Scooter Accident in California?
"Who is at fault in an e-scooter accident in California?"
Who's at fault in an e-scooter collision? (California law and liability basics)
In the crowded urban landscape, electric scooters have become as common as rideshare vehicles on city streets across California. While these scooters offer convenient transportation at an affordable cost, a 2024 UCSF national study reported a major increase in accidents tied to what some have labeled “micromobility.” As e-scooter use increases, so do injury claims involving cars, pedestrians, roadway hazards, and rider error. Knowing how California law assigns fault can protect your right to compensation.
Under California Vehicle Code § 21221, motorized scooters are classified as vehicles. In addition, California Vehicle Code § 21221 establishes a maximum speed of 15 miles per hour for “motorized scooter[s].” Because they are treated as vehicles, riders are expected to follow traffic laws and violations can affect liability in an e-scooter accident claim.
What if I'm hit by a car? (Driver negligence and e-scooter injuries)
If you are injured because of the negligence of an individual operating a car, the driver may be liable. Liability is often treated in a similar manner to that of a car-on-car collision with some salient factors being who was at fault, whether the at-fault driver violated any traffic laws and the strength of corroborating evidence like witness statements. Common evidence in California e-scooter collisions includes photos of the scene, vehicle damage, scooter condition, app trip records, video footage and the traffic collision report.
What if I was distracted while operating the e-scooter? (Comparative negligence in California)
Even if the collision was not entirely the other individual’s fault, you are not completely barred from recovery. California follows the doctrine of “pure comparative negligence” when assigning fault to different parties to a collision. Under this doctrine, if you were partially responsible for a collision, your recovery will be reduced by the percentage of fault you are found to have contributed to the collision. This means fault can be shared between a driver and an e-scooter rider, and your damages are adjusted based on your percentage of responsibility.
Should I wear a helmet? (Helmet law and injury compensation)
Not wearing a helmet can impact how much you can recover from a collision. In California, it is mandated by law that any rider of an e-scooter under the age of 18 wear a helmet. However, even if you are over the age of 18, not wearing a helmet may result in the reduction of your compensation as you may be found to have contributed to your injuries by not wearing a helmet. In practice, this issue often comes up in cases involving head injuries or traumatic brain injury, where the defense argues that injuries would have been reduced with a helmet.
What if I was drinking before my trip? (DUI laws for e-scooters)
Many riders don't realize they're subject to the same DUI laws that apply to cars. This means that operating an e-scooter with a blood alcohol content of 0.08% or higher is illegal. Though e-scooter companies like Spin and Lime warn users through their apps not to ride while impaired, many riders ignore these warnings or don't take them seriously.
Riding under the influence creates two problems:
- First, you face potential criminal penalties.
- Second, it likely voids any liability protection in your user agreement and undermines injury claims against other parties.
This matters because e-scooter company insurance coverage is already minimal—or nonexistent. Even when another party contributed to a crash, impairment allegations can significantly affect fault allocation and settlement value.
What about insurance coverage? (Why coverage is often limited)
Scooter company coverage is minimal. Lime provides $10,000 in third-party liability coverage for bodily injury claims against riders in California, but nothing for property damage or injuries you suffer. If you're hurt, you'll need to pursue compensation through the at-fault driver's insurance, your own health or auto insurance, or a personal injury claim. In some cases, uninsured or underinsured motorist coverage may be a key source of recovery, depending on your policy.
Know your rights (Next steps after an e-scooter crash)
E-scooters may feel casual, but California law treats them seriously. If you've been injured in an e-scooter collision, understanding liability rules and insurance limitations is essential to protecting your right to compensation. If possible, seek medical care, document the scene, identify witnesses and preserve evidence early. You can also request a copy of the traffic collision report and keep records of treatment and missed work.
If you have questions about an e-scooter injury claim in California, a personal injury attorney can help evaluate fault, insurance options, and potential recovery.
