An e-scooter accident claim is a claim for injuries involving a stand-up electric scooter, whether the rider was hit by a car, thrown by a defect or road hazard, or a pedestrian was struck by a rider. In Virginia, these claims borrow from car accident law, product law and premises law, depending on the cause.
Blank Kim Injury Law represents injured scooter riders and pedestrians across Northern Virginia, where shared scooters are common in Arlington, Alexandria and around college campuses. We work from our Fairfax office. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
How e-scooter crashes happen
| What happened | Who is usually responsible |
|---|---|
| A car turned across the rider, opened a door or hit them from behind | The driver and their auto insurer |
| The brakes, throttle, stem or battery failed | The manufacturer or seller, and sometimes the rental operator that maintained it |
| A pothole, broken pavement or construction hazard | The party that controls the road or path, subject to government notice rules |
| A rider struck a pedestrian on a sidewalk or trail | The rider, and possibly their insurance |
Many crashes have more than one cause. A rider who swerves around a pothole into a car’s path may have claims against both the driver and whoever was responsible for the pavement.
Scooter riders hit by a car
Drivers often do not see scooter riders, especially at intersections, driveways and parking garage exits, and in bike lanes along streets like Wilson Boulevard or the approaches to the Mount Vernon Trail. When a driver causes the crash, the claim runs against that driver’s liability insurance, just like a claim by a cyclist.
Virginia’s contributory negligence rule is the biggest obstacle. A rider found even slightly at fault is generally barred from recovering, and insurers argue that the rider was on the sidewalk, in the wrong lane, riding at night without lights or going too fast. Virginia and many localities set rules for where and how scooters can be ridden, and those rules vary by place, so we check which applied to your route. Read our guide to contributory negligence.
If the driver fled or was uninsured, your own household auto policy can matter. Whether its uninsured motorist coverage protects you as a scooter rider depends on the policy’s definitions, and we review it. See uninsured and hit-and-run claims.
Defective scooters and rental scooters
Brake failures, stems that fold while riding, wheels that lock and batteries that catch fire all cause serious injuries. Virginia does not recognize strict liability in tort for defective products, so these claims proceed in negligence and breach of warranty, including the implied warranty of merchantability under Va. Code § 8.2-314. For personal injury, a warranty claim does not require that you bought the product directly from the defendant, under Va. Code § 8.2-318.
- Keep the scooter, or photograph it thoroughly if it was a rental that the company collected.
- Screenshot the rental app’s ride record, including the scooter ID and the ride’s start and end times.
- Do not let anyone repair or discard a scooter you own.
- Save the purchase receipt, manual and any recall notices.
Rental companies require riders to accept user agreements that often contain waivers and arbitration clauses. Those terms do not decide every claim, but they affect how a claim against the company is brought. Read more about product liability claims.
Potholes and path hazards
Small scooter wheels catch on cracks, drain grates and pavement edges that a car would roll over. When a public road or trail was the problem, the deadlines are short: claims against a Virginia county, city or town generally require written notice within six months under Va. Code § 15.2-209, and local governments have immunity for many governmental functions. Hazards on private property, such as a shopping center lot, follow premises rules instead. See our page on pothole and road defect claims.
Pedestrians hit by a scooter rider
Scooters on crowded sidewalks and shared trails such as the W&OD Trail can knock down people on foot, and older adults can suffer hip fractures and head injuries in those falls. The claim is against the rider. Whether insurance covers it depends on the rider’s own policies, such as homeowners or renters coverage, and we look for it early. See our page on pedestrian accident claims.
Injuries, evidence and filing deadlines
Riders pitch forward over the handlebars, so the injuries we see are head and face injuries, traumatic brain injuries, broken wrists and arms from bracing, and knee and ankle fractures. Wear a helmet if you ride, and see a doctor promptly after any fall, because a concussion can hide for hours.
Virginia generally allows two years from the date of injury to file a personal injury lawsuit under Va. Code § 8.01-243(A), with much shorter notice deadlines for government claims. Children under seven are presumed incapable of negligence in Virginia, which matters when a young child is hurt. Start a free case review to find out which rules apply.
