E-Scooter Accident & Injury Claims

It’s perhaps surprising to know that it is still illegal to ride e-scooters on public roads and footpaths in the UK. E-scooters, along with hoverboards and Segways, are illegal because these so-called ‘powered transporters’ are classed as motor vehicles under existing law. This means they are subject to the requirements of the Road Traffic Act 1988.

Rental e-scooters are allowed on public roads as long as the rider has a provisional license. However, using public roads and footpaths can put pedestrians, cyclists, drivers, and scooter riders at risk.

The use of e-scooters and similar ‘vehicles’ poses a potential risk of serious injury and even death for the unsuspecting. They are largely untested, and e-scooter users are often oblivious to the risks posed to themselves, other road users, and pedestrians.

In September 2020, a leading neurosurgeon reported that e-scooters are responsible for a growing number of severe injuries to individuals being brought into the Royal London Hospital for emergency treatment.

Common injuries from e-scooters include:

• Head Injuries: Scooter riders who ride without helmets are at increased risk of traumatic brain injuries. Although there aren’t set laws on helmet use, it’s a matter of common sense.
• Fractures and Dislocations: Broken arms and legs are common impact injuries from falling off an electric scooter or suffering a collision.
• Soft Tissue Injuries: Road rash, scrapes and cuts can also cause minor injuries, which often occur due to falls from an electric scooter.

In the US (where the public use of e-scooters is legal), a study revealed that nearly a third of patients admitted after an e-scooter accident suffered head trauma – more than double the rate of head injuries to cyclists. There have also been 40 UK deaths associated with e-scooters since 2019 (PACTS).

Vulnerable people are at greater risk—an issue that has been recognised fairly late in the day. At the end of October 2020, for instance, following concerns raised by charities for the blind about the silent threat of e-scooters to blind pedestrians, it was reported that from 2021, some e-scooters will be fitted with alerts to automatically warn pedestrians of their approach.

All road users must adhere to the Highway Code, which means e-scooter riders could be classed as negligent if they cause an accident. As with car accidents, you can claim compensation if someone else is responsible for your injuries.

Scooter rental operators also have a duty of care to riders, which means assessing the scooters for malfunctions and fixing them. To determine your eligibility to claim compensation on a no win no fee basis please fill out the online form or call 0800 234 6438 for free legal advice.

E-scooter accidents are becoming an all-too-common occurrence, but the nature of your incident dictates whether you can claim compensation.

To make a successful personal injury claim, remember that you will need to prove on balance that the defendant was negligent and that this caused your injuries.

Let’s explore cases in which e-scooter accident claims are usually successful.

E-scooter rider injuries often occur due to negligence from the operator or other road users. If your injury claim is against the operator after an e-scooter accident, your adviser should consult the Department for Transport to determine whether the rental service was negligent.

Injuries from poorly maintained roads and potholes mean your local authority is responsible. If you’re in a road traffic accident involving another vehicle and can prove the other party was negligent, you can file a compensation claim.

Other road users must protect pedestrians, including stopping at zebra crossings and giving them space. If you collide with an e-scooter that fails to stop when it has the right of way or is speeding, the rider is considered negligent.

It’s also important to remember that causing obstructions on pavements can cause injuries. If a pedestrian trips over a parked scooter, they could file a claim against the owner or rider.

Electric scooters are subject to the same laws as other vehicles, which means protecting all road users. The other party can file a claim if a scooter collides with a bike or car and the rider is at fault.

Common reasons for these claims include exceeding the speed limit, weaving through traffic and riding while intoxicated.

In contrast, scooter riders could claim compensation if another road user’s negligence caused their injuries.

An expert legal adviser will take full details about the incident and advise you if you have a claim. You can contact an adviser for free or fill out the call-back form on this page.

When you speak with a legal adviser, they’ll be able to let you know whether they think your e-scooter injury claim will be successful. But if you don’t end up getting any compensation, a no win no fee promise means that you won’t have to pay your injury solicitors any money.

No win no fee compensation claims don’t have any hidden costs or upfront charges. If your claim is successful, the solicitor takes their fees out of your compensation – which is usually capped at 25%. You’ll keep the rest of the money.

Your solicitor will gather evidence to support your claim and calculate a realistic compensation amount based on your injuries. They’ll then meet with the negligent party’s insurance company or solicitor to argue your case.

During this time, you might be asked to attend a medical evaluation, which verifies your injuries and their impact on your life.

While rare, some compensation claims do go to court if neither party reaches an agreement. However, your solicitor will support you through the entire process and advise if court proceedings are the best option to secure maximum compensation.

Once you settle and receive the money, your solicitor will take their fees, and you’ll keep the rest.

Evidence is integral to your compensation claim’s success as it proves your account of what happened and verifies your injuries. While the solicitor will collect evidence on your behalf, you can speed up your claim by ensuring they have access to the following information:

• Personal Information: If you were injured whilst riding an e-scooter, get the operator’s details and check to see if the scooter has a model number. If the injury involved another road user, get their personal information.
• Visual Evidence: Taking photographs of the scene or video recordings proves the accident happened. Your solicitor will also ask other road users for their dashcam footage.
• Witness Statements: Ask witnesses for their contact information. Your no win no fee claim depends on others being able to corroborate your story.
• File a Report: Make sure you report the incident to the scooter operator, police and any other relevant authorities.
• Get Medical Treatment: Even if you’ve only had a minor injury, it’s essential to go to your doctor or hospital for assessment. They’ll also record your injuries, making it easier to prove your claim.

It is illegal to ride an e-scooter in public under existing rules unless it is rented out under the ongoing pilot in accordance with the regulations. So, if you have been injured following an incident involving an illegally ridden e-scooter, you could end up with no compensation. This is because they are likely not to have suitable insurance coverage.

If you have been injured as a pedestrian, you can make an injury claim against the e-scooter user, but if the user has no money or assets, the claim may be fruitless, and you could be left with no compensation.

In any instance, it is best to consult an injury solicitor who can advise you on the options available.

If you have been injured by an e-scooter user, whether or not on a public road, the police are likely to be involved if it is suspected a criminal offence has been committed. For example, if the e-scooter was being ridden illegally or if it was a rental e-scooter being ridden in blatant disregard for the conditions of use.

In such cases, the fact that a police investigation has taken place and, for example, the user may even be charged with an offence, will amount to strong evidence in support of your injury claim.

The compensation amount you’re offered depends on the extent of your injuries and the impact they have on your life. Compensation claims are split into two components:

• General Damages: The injury itself, along with the pain and suffering it causes.
• Special Damages: The costs of your injury, including medical treatment, lost earnings, travel expenses and anything else.

For example, a broken leg that heals after six weeks is worth less compensation than a traumatic brain injury that impacts your long-term daily life. The following amounts are estimates only, but your solicitor will be able to tell you how much compensation you could receive.

If you have been injured after riding an e-scooter or being hit by an e-scooter because of someone else’s negligence, you can claim compensation. If you haven’t seen a doctor, get medical help as soon as possible, as the medical notes and records will be vital to your claim.

Please call 0800 234 6438 or use the online form to seek free legal advice. A specialist legal advisor will assess your injuries and decide whether you’re eligible to make a personal injury claim. You’ll then be connected with a no win no fee solicitor who will support you through the process.

It is vital to obtain legal advice as soon as possible because the time in which you can make an injury compensation claim is limited.

For most people, it’s up to three years from the date of their incident, but individuals who suffered injuries as a child have up to three years from the date they turn 18 to file a claim.

It depends on multiple factors. Some people find their claim settled within a few months, while others might have to wait over a year. For example, if you and the negligent party’s insurance company can’t agree on a compensation amount, the case might go to court.

Your solicitor will always advise you on the best steps to settle your claim, and you’ll be in control of whether you enter court proceedings.

Making electric scooter accident claims on a no win no fee basis protects you financially. In contrast, opting for a traditional solicitor comes with a lot of financial risk, as there’s no guarantee that you’ll win the case.

While traditional lawyers charge hourly, you won’t pay any money to a conditional fee solicitor unless they secure compensation.