E-scooters have soared in popularity over the years, largely due to their portability, cost-effectiveness, and environmental friendliness. They make getting around fun and easy, plus they provide a great solution for commuters in more urban settings.

With the increase in usage of this mode of transportation also comes an increase in accidents. When you’re riding on an e-scooter, you are far more vulnerable to injuries in these situations. What happens when you do get into an accident on an e-scooter? Who is to blame?

The answer to who can be held liable for an e-scooter accident will depend on the circumstances and who was negligent. In certain states, negligence can be shared between two or more parties, further complicating matters. It’s important to know your local and state laws if you ever need to take legal action.

When you get into an accident while riding an e-scooter, you may sustain some serious injuries. The medical bills associated with your injuries could be incredibly high, and to top it all off, you might be unable to work until you have healed, causing you to lose income. The added burden of medical expenses, coupled with the loss of your usual wages, means that you’ll quickly sink into debt trying to cover your regular monthly expenses. As such, you’ll want to hold the at-fault party responsible to recover the compensation you deserve.

Who is responsible will depend on the circumstances of your e-scooter accident. Take a look at the potential liable parties that may be held accountable in an e-scooter crash:

The E-Scooter Rider

Some e-scooter riders forget that they’re operating a mode of transport, failing to adhere to the rules. Others just don’t seem to care and blow right through red lights, go full speed, ride on sidewalks where it’s prohibited, taunt other road users, or ride while intoxicated. Perhaps you’re a prudent rider on your e-scooter, and another reckless rider smashed into you. The other e-scooter rider may be held liable for your injuries and damages.

Additionally, failing to take proper precautions like wearing a helmet in some states can add to one’s share of liability. Not all states require wearing a helmet for riders over the age of 18, though it’s still a smart move.

While e-scooters are fun, you should always operate them with care and follow traffic laws. This will make you less likely to cause an accident that can harm someone else or become a victim in a crash with someone behaving carelessly with any mode of transport.

Other Motor Vehicle Drivers

Unfortunately, when drivers of other types of motor vehicles, such as cars, trucks, and SUVS, collide with e-scooter riders, injuries are more likely to be severe. There’s little to protect you, and the impact even from a compact car can cause lifelong injuries.

Motorists need to yield the right of way to e-scooter riders, or they may face liability. As an e-scooter rider, you should always look to make eye contact with other motorists behind the wheel to make sure they see you when crossing intersections to avoid tragic outcomes.

Drivers in passenger vehicles are often busy with distractions, and if they’re texting while driving, eating, fiddling with the radio, telling their kids to be quiet in the backseat, or otherwise not paying attention, an e-scooter rider can suffer the consequences. Beyond distractions, drivers may drink and get behind the wheel or drive aggressively, and both of those factors could lead to a serious accident with an e-scooter rider.

If you were hit by a motor vehicle while riding your e-scooter, and evidence proves they breached their duty of care in one of these ways, they would be held liable.

The E-Scooter Company

If you rented an e-scooter to ride around town, the e-scooter company could also face liability in certain circumstances. For example, if investigations reveal that this rental company didn’t properly maintain their rental scooters and this lack of maintenance caused your accident, they would be held liable. Similarly, if there was a mechanical failure was found that was caused by a manufacturing defect, then the manufacturer of the e-scooter would also be to blame.

Your Local Government

Local governments are responsible for maintaining public access roads. Potholes should be dealt with and uneven pavement corrected before they cause harm. When city officials neglect to take care of these things, motorists suffer through accidents. Potholes can easily cause a car to crash, though when you hit one while riding an e-scooter, it can be far worse. You may fly over the handlebars and skid along the road, suffering painful and disfiguring injuries.

Local government entities also need to think of infrastructure and meeting the needs of their citizens. If it fails to provide bike lanes or enact other safety measures, leading to your accident, you may be able to hold them liable.

However, it’s always difficult to challenge these entities without an attorney. There are also time limits for filing lawsuits with the government, just as there are in other lawsuits, though these statutes of limitations tend to be much shorter. A lawyer will make sure you file on time and follow the proper procedures required.

Some states have rules about negligence and liability that allow for shared blame in an accident. Nothing is ever entirely black or white, and certain actions or inactions from each party may have caused or prevented the crash.

If you were riding your e-scooter and you zoomed out in front of oncoming traffic at an intersection, you might be considered at fault, even more so than the car that hit you. However, if you waited for the traffic signal and proceeded when a car ran the light, you might not be blamed at all.

With shared liability, investigations look at each party’s actions. Perhaps you were going too fast when you were hit by the car with a driver who failed to yield. Both parties would then share fault in this scenario. Under modified comparative negligence, the injured party is allowed to seek compensation as long as they don’t have more than the majority of fault. However, it will reduce the compensation awarded by the percentage of fault assigned.

If you’re involved in an e-scooter accident, it can become complicated to determine who is at fault and where this compensation will come from. In the event another driver is at fault, you can make a claim with their car insurance company.

While you might think you can deal with this process on your own, you should know that insurance companies often use a series of tactics to lower settlements for accident victims. One of the most common is to start a friendly conversation and put the injured victim at ease.

When you let your guard down, you may say something that they can use against you. Even saying, “I didn’t see the car coming,” could be construed as you weren’t paying attention. That little detail there could be used to drop your settlement down or even deny the claim altogether.

Another tactic is to make a quick settlement offer to the victim. When you’re in pain and the medical bills are piling up, it might be a sight for sore eyes to glimpse a check with your name on it. You might even begin to feel like your troubles will soon be over. However, if you sign that check without having an attorney take a look, your troubles will only just begin.

Insurers often provide quick settlements with lowball settlements because they know that victims will jump at the chance. If you haven’t yet consulted a lawyer, you may not think about the full extent of your damages. You may only see the medical bills that have already arrived. What you’re likely not thinking about is the future of your medical care or how long you will be out of work.

When you’re rammed into the air by a car while riding an e-scooter, you will typically have some permanent effects, and that can hinder your ability to work. You may need to take a lower-paying job if those injuries prevent you from performing your duties. Don’t forget the other damages this person caused you to suffer from property damage to loss of enjoyment of life.

Navigating the complexities of e-scooter accident liability is incredibly challenging. As you can see from the examples above, you will be fighting an uphill battle with the insurance company trying to get the money you deserve. You’ll also be fighting this fight while you’re in pain from your injuries and trying to attend a variety of doctor’s appointments.

Instead of taking it all on yourself, contact a personal injury law firm to have a lawyer advocate on your behalf. They will investigate, gather evidence, and leverage a strong settlement to help you move forward.