A Guide To E-Scooter Accident And Injury Claims

By Cat Way. Last Updated 9th October 2024. Road-legal e-scooters have quickly become a fun, fast, and convenient way to get around town. When e-scooter riders respect The Highway Code and other motorists, the transport can be enjoyable for everyone 18 and over. However, e-scooter users could also have an accident that was not their fault.

As such, if you’ve been injured in an e-scooter accident that wasn’t your fault and you would like to start a personal injury claim, we can help. Why not get in touch now for free legal advice from our advisors? Get in touch by:

• Calling us on 0800 073 8804
• Making use of the live chat function at the bottom of the page
• Contacting us through our website

This guide will explain in what circumstances you may be able to make an e-scooter claim. Furthermore, it will also show the benefits of using a No Win No Fee scooter accident lawyer.  For more advice, continue reading our guide below.

Select A Section

1. Who Is Liable For E-Scooter Injuries?
2. What Is An E-Scooter Accident?
3. Are E-Scooters Legal In The UK?
4. Where Can You Ride An E-Scooter In The UK?
5. How Long Do You Have To Claim After E-Scooter Accidents?
6. Types Of E-Scooter Accidents
7. Evidence That Can Support E-Scooter Accident Claims
8. Accident Compensation Payouts For E-Scooter Injuries
9. No Win No Fee E-Scooter Accident Claims

Who Is Liable For E-Scooter Injuries?

In any personal injury claim, solicitors must be aware of who has a duty of care. This means the party has a legal responsibility to keep all visitors safe in the space they control.

Relevant to the world of e-scooters is public liability. In public spaces controlled by the local council as well as private property, the controllers of spaces are obligated to follow the Occupiers’ Liability Act 1957. This gives occupiers the responsibility to ensure that anyone that visits is kept “reasonably safe” while present.

Local councils can follow this legislation by ensuring that public highways are regularly maintained in a timely manner. If they become aware of missing road signs or potholes, for instance, they have a duty of care to repair these as reasonably soon as they can.

Hit by another motorist

If you are hit by another motorist, liability still needs to be worked out. Whoever caused the accident could be found liable. For example, if a driver was using their mobile phone while they pulled out and they hit an e-scooter rider because of this, they could be liable.

Can I still claim?

You could make a claim in situations where your injuries were not your fault. If you lose control of your e-scooter after hitting a crack or pothole in the road that the local council has failed to repair in a timely manner, you may be eligible for a claim.

If you have been involved in an e-scooter accident that was not your fault, but you are confused about the circumstances around your case, speak to our advisors today.

What Is An E-Scooter Accident?

An electric scooter accident is when an E-scooter rider becomes injured due to a third party breaching their duty of care, such as another road user or a local authority. For example, if you are riding an E-scooter, you could be hit by another road user or fall due to a pothole in the road.

Here are some specific examples of how an E-scooter accident could occur due to a responsible third party being negligent:

• There is a large pothole in the road that was reported to the council but has not been repaired in due time. An E-scooter rider could fall if they drive over this large pothole.
• A car driver is using their mobile phone whilst on the road and fails to see that the lights ahead of them have turned red. From this, the driver could drive into the back of an E-scooter rider waiting at the lights.
• A van driver is under the influence of alcohol whilst driving. From this, they might swerve into the side of an E-scooter rider since their judgements and driving ability are impaired.

Have a chat with our advisors about your specific accident today. They will be able to tell you whether you have a valid E-scooter accident claim.

Are E-Scooters Legal In The UK?

E-scooters are indeed legal to own and use in the UK, but just like cars or bicycles, this comes with certain restrictions that must be observed. These are as follows:

• You must be 16 to use an e-scooter on private land, according to a recent Parliamentary report. However, to use a rented e-scooter, provided under the pilot scheme, you must be 18 or over.
• Riders are prohibited from using electric scooters on pavements.
• You cannot use an e-scooter on motorways.

Do you need a licence to ride an e-scooter?

Anyone riding an e-scooter must have at least a provisional licence. If you rent an e-scooter through a local government pilot scheme, you will be covered by insurance as part of your rental purchase for however long you are in control of your rented scooter.

Where Can You Ride An E-Scooter In The UK?

In the UK, e-scooters can currently be used in two main settings. These are on the road in England where there are government trials and on private property. However, specific restrictions will apply here.

E-scooters can be divided into two categories:

1. Those that are privately purchased through retailers. At present, private scooters are not road-legal.
2. Those that are rented through companies, usually licensed and provided by local councils. You can only ride officially licensed rental scooters on the roads and also on cycle lanes in these areas.

Firstly, as mentioned, rental e-scooters must never be operated on footpaths for the safety of yourself and pedestrians. While recharging stations are positioned on footpaths, you must safely wheel these onto the road.

While on the road, you must respect The Highway Code and other motorists. You can also not currently use these in parks if there’s no public road running through it. If you are found to have operated an e-scooter on footpaths or in parks, this could invalidate your claim.

For more specific information about rental e-scooters and their availability in your area, contact your local council.

How Long Do You Have To Claim After E-Scooter Accidents?

From the date of your E-Scooter accident, you have 3 years to begin a personal injury claim, as The Limitation Act 1980 states.

However, if the claimant:

• Is younger than 18, or
• Lacks mental capacity to manage their own claim,

Then the time limit will be paused. During this time, a litigation friend can be appointed to begin claiming on the claimant’s behalf.

If a litigation friend has not started claiming by the time the claimant:

• Has their 18th birthday.
• Recovers mental capacity.

Then the usual time limit will start from this point.

For more information on the time limit to begin an electric scooter accident claim, please contact us.

Types Of E-Scooter Accidents

E-scooter riders will occupy the same roads that car drivers and motorcycle riders drive on. As such, they can be susceptible to similar road traffic accidents. For example:

• You may be affected by dangerous or reckless driving where you have been sideswiped, T-boned, or rear-ended by another road user.
• Substandard road conditions may also be the root cause of an e-scooter accident, such as a crack in the road or missing road markings.
• Car accidents involving doors can also be problematic on UK roads. These occur when someone driving a car parks alongside a road, and opens a door perpendicular to the road without checking their surroundings, causing a rider to crash.
• One other setting where an e-scooter accident could occur is at a junction. E-scooters and their riders do not occupy the same amount of space on the roads as a car. As such, it may be more difficult for car drivers to see an e-scooter approach at a T-junction, especially if the driver of the car is not paying attention. This may result in the rider T-boning or rear-ending the car driver, leading to a possible injury.

The above list of accidents is not exhaustive and may not adequately reflect the circumstances of your own incident.

Electric Scooter Injuries – Examples

There are several types of injuries that could be sustained in an e-scooter accident. This includes, but is not limited to:

• Neck injuries
• Head or brain injuries
• Ankle injuries
• Back injuries
• Fractures
• Lacerations

Evidence That Can Support E-Scooter Accident Claims

When making a personal injury claim following an electric scooter crash, you will need to provide evidence that negligence occurred. Collecting sufficient evidence could prove the e-scooter injuries you suffered, as well as who was liable for your accident.

Some examples of the evidence that could help support your personal injury claim include:

• A copy of your medical records stating the type of injury you suffered and the treatment you required.
• Photographs of the accident.
• Videos of the accident, such as CCTV footage.
• Any witness contact details.

Call our advisors to learn more about personal injury claims for electric scooter accidents. They may also connect you with one of our solicitors, who could help you with gathering evidence for your claim.

Accident Compensation Payouts For E-Scooter Injuries

If an E-scooter accident claim is successful, then the compensation awarded could potentially be made up of two different payouts. These payouts are called general and special damages and address different impacts of the E-scooter accident.

General damages address the psychological and physical injuries you have suffered because of your E-scooter accident. This payout is always awarded for successful personal injury claims.

Here are some factors that are considered while the value of this payout is being determined:

• Loss of amenity.
• The extent of the pain.
• How long the expected recovery period is.

Also, during the claims process, you might be asked to attend an independent medical examination to determine the value of this payout. The reports from this examination can be reviewed along with the Judicial College Guidelines (JCG).

The JCG is a publication that contains all sorts of psychological and physical illnesses and injuries, with guideline compensation brackets for each.

Guideline Compensation Table

In the table below, we have taken some injuries and guideline compensation brackets from the JCG (except the first row, which is not found in the JCG) which could possibly be suffered following an E-scooter accident.

However, it is important to keep in mind that none of these figures can be guaranteed for your specific claim, since all circumstances are unique.

What Are Special Damages?

Special damages address the financial losses you have incurred due to your E-scooter accident. This payout is sometimes awarded for successful personal injury claims.

Here are some types of financial losses which could possibly be incurred following an E-scooter accident:

• Loss of earnings.
• Medication bills, such as the cost of prescriptions.
• If required, professional care costs.

Receiving a special damages payout is important to restore your financial situation to what it was before you were injured due to a breached duty of care. For this reason, providing evidence such as payslips, invoices, bank statements, and invoices will be extremely useful to you.

If you have been injured in an electric scooter accident, contact us to learn more about how personal injury compensation is calculated.

No Win No Fee E-Scooter Accident Claims

If you suffered injuries in an e-scooter crash, you may wish to claim compensation with the support of a No Win No Fee lawyer. Their services could be funded under the terms of a Conditional Fee Agreement (CFA).

This means that you typically won’t be asked to pay an upfront solicitors fee. If your e-scooter crash compensation claim is successful, a success fee can de deducted from your award. The law caps the amount that can be taken. When an e-scooter crash claim isn’t successful, you typically won’t be expected to pay for your solicitor’s services.

Our advisors can discuss how to claim for the injuries you suffered in your e-scooter crash. If they feel your claim is eligible, you could be connected to our solicitors. To get in touch:

• Contact us online
• Call 08000 738 804
• Or use the live chat

Read More

Below, we’ve added links to information that we believe could be helpful for you.

• Road traffic accident claims
• Road traffic accident solicitors: How to make a No Win No Fee claim
• E-scooter trials: guidance for users
• Request CCTV footage of yourself
• The Highway Code
• Our guide offers information on claiming for a rear end shunt accident. Learn more about the road traffic accident claims process.

Get in touch to discuss your e-scooter accident today.