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Los Angeles E-Scooter and Bike Accident Attorney

E-Scooters seem to be everywhere these days, as they have become a preferred method for getting around Los Angeles for residents and tourists alike. Scooter-sharing services have brought these to the masses. However, drivers are still learning how to be safe around a scooter. Many of them still do not know how traffic laws treat E-Scooters.

Motorized scooters can be operated on a road with a speed limit of 25 MPH or less. You could also ride them in a bike lane. E-Scooter operators have legal rights, and drivers must use due care to avoid hitting them or causing an accident.

Possible Defendants in an E-Scooter Case

When you have been injured on an E-Scooter, there are several possible defendants in your case. We will discuss more about each below. The defendants could be:

• The company that manufactured the E-Scooter
• The service from which you rented the E-Scooter
• A driver or bicyclist who caused your accident
• The government that failed to maintain broken sidewalks that caused you to crash
• A business or property owner that did not properly maintain their pavement

When you rent an E-Scooter, you have the right to expect a device that works properly and is not defective. Both the place that rented you the E-Scooter and the company that made it could be liable if it was the scooter itself that caused you injury.

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What Can Break on an E-Scooter?

Here is some of what can go wrong with the device itself when you ride an E-scooter:

• Tires can go flat, causing the rider to fall
• Brakes can fail, keeping the rider from stopping as necessary
• Throttles can get stuck, causing the operator to lose control
• Handlebars can break, throwing the rider from the scooter

The E-Scooter manufacturer has an obligation to manufacture and sell a safe product that is free from defects. In turn, the service that rents the E-Scooter has an obligation to properly inspect and maintain the E-Scooter. If there is any defect or malfunction, they must find it and take the scooter out of service to repair it. Otherwise, they will be legally responsible for any injuries.

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You Can Sue Over the Condition of the Pavement

E-Scooters are very sensitive to any cracks or bumps in the pavement. Uneven sidewalks or streets can cause the driver to lose control and fall. When this happens at higher speeds, the injuries can be severe.

Governments have a legal obligation to maintain the sidewalks and streets in safe condition. If they fall into disrepair, the government must fix the surfaces. This includes things such as repairing potholes. The City of Los Angeles or Los Angeles County could be liable if the sidewalks or streets are in poor repair, and they cause injury to E-Scooter riders.

The same holds true when then injury happens on private property. Homeowners are responsible for the sidewalks in front of their homes. Business owners must maintain their walkways and parking lots and repair the pavement as necessary. If you have been injured in an E-Scooter accident because their walkways and parking lots were broken, you could sue the business in a premises liability action.

Finally, your injuries could come in a collision with a driver or bicyclist. The same duty of care that these people owe others also applies to you on your E-Scooter. They must exercise a reasonable level of care to avoid injuring you.

If you have been hurt in an accident with a car, you could file a claim against the driver’s car insurance. The same rules as any other kind of bicycle accident would apply. If the driver was negligent, their insurance would need to cover your damages.

Los Angeles Is a Nightmare for Bicyclists

The year-round warm weather in Los Angeles also means that bicyclists are out all months. Cycling is increasing in popularity both as a sport and hobby.

Los Angeles encourages bikers because they help reduce some of the notorious traffic in the area. However, the city does not have many dedicated bike lanes, certainly less than many other major cities. No matter how much bicycles could help improve the congestion, Los Angeles does not make it easy for bikers.

This leaves bicyclists to compete for space on the roads with drivers who can injure them. There are over 1,200 miles of bike paths and lanes, but this is a small proportion of the nearly 30,000 miles of roads in Los Angeles.

In fact, many factors lead to the conclusion that Los Angeles is the worst city in the country for bicyclists. Here are some of the tough details:

• Los Angeles has the highest bicycle fatality rate per 100,000 residents of all major U.S. cities
• Even though there are comparatively few miles of bike lanes, L.A. has among the highest percentage of recreational bikers
• Los Angeles streets are in disrepair, causing bicyclists to lose control when they go over a pothole or forcing them into traffic

This means that accidents are a major risk every time someone puts on their helmet and gets on their bicycle. With all the congestion in Los Angeles, drivers have been known to take shortcuts that put others in danger. They may drive too aggressively or lose FOCUS because of their irritation at being in traffic. While this is no excuse for their actions, they are some reasons why Los Angeles poses special risks for bicyclists.

How Drivers Cause Bicycle Accidents

Drivers often cause bicycle accidents by being careless or making other mistakes behind the wheel. Here is some of what motorists do that endanger bicyclists:

• Not giving bikers the legally required three feet of space when they are trying to pass
• Driving too close to bicyclists who are legally occupying a lane
• Opening up car doors as bicyclists pass by, causing them to fall from their bike
• Making illegal turns that cut across the bicyclist, hitting them or throwing them from their bike

What Is an Electric Scooter or E-Scooter?

Electric scooters are two-wheeled vehicles that users typically rent to ride. Under New York state regulations, a legally operated e-scooter weighs less than 100 pounds and:

• Has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor. Riders typically stand on a narrow metal blade to operate e-scooters.
• Can be powered by an electric motor
• Has a maximum speed of no more than 20 miles per hour on a paved level surface when powered by an electric motor.

NYC E-Scooter Laws: Everything You Need to Know

New York City actually has very few regulations regarding the use of e-scooters. They are:

• You must not operate an e-scooter in excess of 15 mph.
• E-scooters may be ridden in bike lanes and on streets with speed limits no greater than 30 mph.
• E-scooters are prohibited on NYC sidewalks.
• Helmets are recommended for all e-scooter riders and are required for 16- and 17-year-olds.

Riding E-Scooters in New York Parks: Regulations and Restrictions

When in a New York City park, in addition to following city regulations – and not riding an e-scooter on the sidewalk, in particular – you should check signs or the city parks website for additional restrictions.

For example, the High Line prohibits e-scooters along with bicycles, skateboards, and skates. But in Queens, there are currently no additional restrictions on riding e-scooters at Rockaway Beach and Boardwalk or at Flushing Meadows Corona Park.

Stay Safe on Your E-Scooter: Top Tips for Riding in NYC

The Consumer Product Safety Commission (CPSC) offers safety tips for riding e-scooters, including:

• Wear a helmet to help prevent injury in falls and collisions. Knee and elbow pads are also helpful.
• Check for damage to the scooter before riding. You could lose control of an e-scooter that did not work correctly because of damage.
• Test the brakes. You need to know how to use the brakes, including how abruptly or how slowly they stop the e-scooter.
• Ride alone. An e-scooter is for one rider. Additional riders can increase the risk and severity of collisions.
• Keep both hands on the handlebars. Don’t hang or attach items to the handlebars.
• Be alert to others who won’t be alert to you. E-scooters are small, quick, and silent, making it easy for other road users to overlook you. Slow down, look, and plan ahead. Do not make abrupt, unpredictable movements.
• Avoid distractions while riding. Listening to music while riding an e-scooter reduces your ability to hear what is going on around you. Don’t talk on a cell phone, even if it’s a hands-free device.
• Watch out for uneven surfaces, cracks, and debris in the road. Uneven pavement or debris can trip an e-scooter and throw you off of it.
• Ride sober. Never ride under the influence of alcohol or drugs.

The Law and Safely Using Your E-Scooter

Just like a regular motor vehicle, there are rules governing where, how, when, and who can legally operate an e-scooter. Let’s take a look at some questions you might have and give you the answers (and the applicable section of the law so you’re in the know).

Where are E-Scooters allowed to drive?

E-scooters occupy that odd middle ground between motorcycles (smaller than cars, but still capable of self-propulsion) and bicycles (another single-occupant vehicle, but without that crucial motor thingy). Because of that, and their generally small profile, they get to share space on the road with the bikes over in the cycling lane. They are street legal but are generally supposed to use the bike lanes (either class).

E-scooters can only drive on roads that have posted speed limits of 25 mph.

Pro-Tip: Watch your speed! E-scooters are only allowed to go a maximum of 15 miles per hour. Most e-scooter motors top out at 15 mph (some stop at 14.9 mph for safety), so speed usually isn’t an issue unless you’re buying someone’s secondhand modified scooter.

California Law: VEH§21235, Section B

How old do you have to be to drive an e-scooter in California?

The good news is that you can drive an e-scooter at 18. Heck, you can even drive one at 16! (A valid learner’s permit will get you moving on your own two wheels). Since an e-scooter is more budget-friendly than even a basic car, it’s an easy choice for new drivers.

California Law: VEH§21235, Section D

Do you need a license to drive a e-scooter?

Yes! A license is a must (but if you don’t have one yet, a valid learner’s permit is also allowed). Any valid license is okay, of any class. So, if your second ride is a truck or a motorcycle, you’re still covered.

California Law: VEH§21235, Section D

Do you need insurance to ride an e-scooter?

Here’s where it gets interesting. Technically, there’s no legal requirement to have specific insurance for your e-scooter. However, you do need a license (or learner’s permit) to drive one, and one of the conditions of having a license in California is carrying basic insurance, so while you don’t need “scooter insurance,” your basic liability insurance will cover you.

Do you have to wear a helmet while operating an E-scooter?

Riding an e-scooter will require you to wear a properly fitted and fastened helmet… if you’re under 18.

Remember, you are legally allowed to drive one at 16 with a learner’s permit. Normally, any driver with a learner’s permit can’t drive without an adult in the car, but on an e-scooter, that’s not possible.

California law: VEH§21235, Section C

How fast do e-scooters go?

E-scooters have a top speed of a whopping 15 miles per hour. Some rideshare companies that rent e-scooters keep their motor power to just below that threshold. That’s the limit their motor can manage, and it’s really the safest thing, since you’re generally riding standing up and with nothing between you and the ground other than that helmet you’re wearing.

Remember, your motor might only be able to go 15 mph, but when you’re going downhill, you’ll end up going faster than that speed limit. If you get pulled over, you risk a speeding ticket.

Where can I ride an e-scooter?

E-scooters can be ridden in Class II and Class III bike lanes on any street where the posted speed limit is 25 miles per hour or lower.

For normal travel, you need to keep to the posted bike lane, until you need to make a left turn. That’s when you need to stop at the nearest convenient corner, dismount, and walk your scooter across the lanes on the appropriate light.

California law: VEH§ 21228, VEH§ 21229

What Safety Equipment does my E-scooter Need?

E-scooters must have a brake that will allow riders to perform a braked wheel skid on dry, level ground. No Fred Flintstone stops here!

To operate in low-light or evening conditions, an e-scooter must be equipped with a white front light that can be seen 300 feet from the front and sides of the scooter. It must also have a red reflector on the rear that reflects headlights from up to 500 feet away, and white or yellow reflectors that are visible on the sides.

A headlamp worn by the operator and a red reflector worn on the back of the operator’s jacket can fulfil those requirements.

Can e-scooters be driven on sidewalks?

Nope! (Although you’ve probably seen people do this) The only time an e-scooter can be driven on a sidewalk is when you’re entering or exiting a parking lot.

Remember, an e-scooter is a motor vehicle. Sidewalks are off-limits to you (except in some localities where authorities know it’s too dangerous for a bike or scooter to share the road with cars).

How Do I Rent an E-scooter?

If you want to buy your E-scooter, they can run anywhere from the low hundreds to a thousand dollars. They’re readily available from most online and big box stores. With a price tag so low, it’s no wonder that they’re becoming a very popular choice with people who commute from work to school within a single city.

If you’d like to try out an e-scooter without a commitment to buy, there are always local rental places and services that will put you on the deck of a shiny new e-scooter with a minimum of fuss. Just remember to read the rules of operating, parking, and docking, and you’ll be good to go.

Pro-Tip: Always obey the posted signs in certain areas, like beaches, and certain communities, which have different rules for e-scooter access, or may not allow it at all.

App-based Lime-S lets you locate, rent and operate a snazzy new Lime-S e-scooter within local communities. All you need to do is download the app, follow the simple directions, and you’re good to go. (No credit card? No problem! Lime allows you to pay in cash at any participating CVS or 7-11 or use their text-to-unlock feature in case you don’t have a smartphone).

Lime cautions all riders to obey all traffic laws and wear a helmet (which Lime provides). Their distinctive white and green scooters will go a maximum of roughly 20 miles on a single battery.

Where to find Lime in California: You can find Lime e-scooters to rent in Lake Tahoe, Los Angeles, Sacramento, Oakland, Santa Barbara, San Jose, and San Francisco. If the Lime program isn’t in your city or on your college campus, you can vote for it to include where you live and work by clicking here.

The other big player in the e-scooter scene is micromobility expert Bird, which provides e-bike rentals along with e-scooter rentals. (Parents, take note: Bird offers kid-sized kick scooters for rental!)

Just download the app, provide the necessary details, and you’re off.

Where to find Bird in California: San Diego, San Francisco, Santa Monica, San Jose, Bakersfield, and Sacramento. You can also request the program in your city by contacting Bird Support here.

Lyft, that rideshare standard, has expanded to the e-scooter market. Los Angeles and San Diego both have options for scooter rental. Just update your Lyft app to the latest edition and check to see where you can pick up a low-cost rental scooter that will have you moving and grooving along.

Lyft advises that you reserve an e-scooter before you need to travel and offers some handy features, like locking your scooter while you’re not traveling so that you’re charged a smaller per-minute rate. The Lyft Driver Center has free helmets if you need one (Monday – Friday 9AM-5PM), and they offer a discount code if you want to buy your own.

Where to find Lyft in California: Currently, Lyft’s e-scooter market is only available in LA and San Diego. They also operate on the UCLA campus. All locations are available on the Lyft app. Check the FAQ for places that e-scooters are not allowed.

The other rideshare giant, Uber, also has a presence in the e-scooter market. To find and rent a snazzy solo ride from Uber, just tap “ride” at the top of your app and follow the prompts. You can choose to reserve a scooter or bike, or you can unlock one you happen to see as you walk by.

The company name that’s practically synonymous with scooters is also now making e-scooters available for public rental. Their Razor Share program is easy, app-based, and practical.

California’s e-scooters

While e-scooters will never be able to replace the sheer carrying capacity of your average minivan – or even a small car – they open up travel options for a lot of people. If you need a simple way to get from point A to point B, an e-scooter might be just the thing for you.

E-scooters are a low cost, low impact way to make transportation easy. They’re going to be a part of the urban landscape for the foreseeable future, and with rideshares popping up all over California, there’s no reason to not try one out.

Ride, if you can…

Micromobile vehicles work better for some cities than others as well as in some parts of the city better than in others. Dense, cobble-stone old towns are not the right environment for most scooters, but large residential areas with bicycle lanes, wide and open pavements, and perhaps, not-so-efficient public transport are great. Ideally, riders are not limited by geofences and speed limits as much as currently, but that is another aspect to be discussed later. Here, I want to dwell on the question of where one is actually allowed to scooter. An overview from the United States, given by the People Powered Movement – an organization aiming to make America a more friendly place for cyclists and pedestrians – reveals a confusing situation: “Two states, Delaware and Pennsylvania, do not allow e-scooters on roads. In these states, you cannot ride your e-scooter in an on-road bike lane. In eleven states, you cannot ride your e-scooter on sidewalks. In these states, you must ride your e-scooter on the road. Typically, this means you must stay to the far right of the road or ride in the bike lane. In the remaining states, you must look at the specific laws that apply to e-scooters. […]For example, in Michigan, you cannot ride your e-scooter on roads with a speed limit higher than 25 miles per hour. In Oklahoma, you can ride on roads with a speed limit of up to 35 miles per hour.” Whereas regulations make sense to be locally different, one may ask oneself the following question: How many limitations can be added without limiting the incentive of using an electric scooter?

In a science daily article called “How e-scooters can safely operate in a city” by the Swedish Chalmers University of Technology, the safety of scooters in the city is explained as follows: “Commonly voiced concerns are that e-scooter riders break traffic rules, ride too fast, and park inappropriately. Perhaps most concerning is that crash databases, as well as insurance claims, show a clear and disproportionate rise in crashes as the number of e-scooters increases. Local authorities have sought to address these concerns through measures such as speed restrictions, requiring users to wear helmets, designated parking areas, and limiting the number of scooters or operators allowed in the city – or even outright bans […] The two vehicles [bicycle and electric scooter] showed distinct advantages and disadvantages through the different scenarios […]. ‘We can say that the best strategy for a cyclist and an e-scooterist to avoid the same crash may be different – either braking or steering away.’ A winding path might be easier for e-scooterists than for cyclists, whereas a cyclist might find a narrower path, with low light less challenging than an e-scooterist.” Parking then is a topic little discussed. On one hand, cities have started to designate parking spots for scooters. The good thing: In most cities, these spots are not mandatory and rather suggestions. Personally, I find myself using these areas when it is convenient – and it almost never is. There are not enough and in some ways, these parking spots are designed to avoid the common pavement littering with electric scooters rather than to make their usage easier. Where there are no such parking areas, every scooter parked at an intersection is already better than every scooter parked alongside a long road. over, every scooter that is parked on the side of the pavement is already a success – why do bicycle lanes actually do not have on-street parking? Overall, safety is undeniably an important aspect, but currently, the situation puts too many rules in place for an otherwise adequate mode of transport.

Scooterist’s Education

A suggestion: A different functionality of the app may be better than more limitations. Proper parking, and safe driving (which does not have to mean slow) may decrease the price a person has to pay for riding an electric scooter. Good behavior can be rewarded and not only, as it is currently, bad behavior punished. Wrongly parked scooters may then lead to a higher bill at the end of the ride, perhaps even adding a day or two of not being able to use an electric scooter overall. Additionally, as Poland, for example, has suggested: “Users under the age of 18 are required to hold a bicycle card or a driving license. The new rules also prohibit riding while intoxicated or under the influence of alcohol or a substance having a similar effect to alcohol, carrying other persons, animals, or objects, and pulling or towing an electric scooter or a personal transport device of other vehicles.” Riding safely, or perhaps, making a riding course that aims at increasing scooter awareness in the city might participate in a broader and better placement and implementation of electric scooters. Often, kids have already manually pushed scooters and a Sunday afternoon workshop for adults in a local park may further help to get a grip on this (still) novel technology. In return, politicians may promise to re-allow scooters in certain areas with higher velocities.

What is the matter, actually?

Micromobile vehicles, such as electric scooters, are a cause of micro-conflicts: Pedestrians feeling threatened by teenagers speeding on the pavement, kicked over scooters blocking bike lanes, car drivers irritated by scooter movements, two or three people riding on one scooter without any traffic awareness – to make the point clear, one may imagine a car not being regulated to the extent that it is. On the one hand, such conflicts can be avoided by physical measures: clear regulations and riding lanes might help but not work without education and training. But the matter is bigger than just the scooters. Tech companies have changed the urban landscape – seemingly – overnight and lawmaking is a slow process. Thus, instead of limiting, urban planning needs to be adaptive and flexible, able to encounter the movements of the future. One may wonder: Where would aerial delivery drones be placed in this already dense urban context and where do I ride my scooter if there is no pavement at all next to the highway? One common answer to many of these questions may sound familiar: If more space is needed, it needs to be cut off from someone else. Without opening this debate, it is clear who has received the biggest portion of space in the cities. Car (and later bicycle) access has been prioritized for a very long time but electric scooters tell us that space at the side of the road is scarce and accidents, complaints, and conflicts give testimony to that. References: 1 2 3 4 5