Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
E-scooters have quickly become a standard mode of transportation across New Orleans. Locals use them to avoid traffic congestion, while visitors often ride them to explore the city’s historic neighborhoods like the French Quarter. Their convenience, affordability, and accessibility have contributed to their popularity, but this growing usage has also led to a notable rise in electric scooter accidents.
When an e-scooter accident occurs, determining who is legally responsible can be complicated. Depending on the circumstances, questions of liability may involve the rider, a motorist, the scooter company, or even the city. This article explains the key causes of these accidents, the types of injuries involved, and how e-scooter accident liability is determined under Louisiana law.
Why E-Scooter Accidents Are on the Rise
E-scooters might seem harmless, but they come with real risks. These vehicles often move fast, operate silently, and are hard to see in traffic. Accidents can happen for many reasons.
One common cause is equipment failure. Faulty brakes, tire issues, or power failures can throw riders off balance. In other cases, dangerous roads with potholes or loose gravel make riding risky.
Sometimes, the problem is rider behavior. Speeding, ignoring traffic rules, or weaving between cars increases the chance of injury. Motorists can also be at fault when they fail to check blind spots or open a door in a scooter rider’s path. Pedestrians can unintentionally cause crashes, too, especially if they step into the street without warning.
According to a CDC report, e-scooter injury rates surged over 220% between 2014 and 2020, with a noticeable rise in urban centers like New Orleans.
Injuries Often Seen in E-Scooter Crashes
The injuries from these accidents range from mild to life-threatening. Even at low speeds, riders are vulnerable because they have little protection.
Minor injuries include cuts, scrapes, and twisted ankles. More serious outcomes are broken bones, shoulder dislocations, or facial injuries. The most dangerous are head and spine injuries, especially if the rider wasn’t wearing a helmet.
A study in JAMA found that nearly 40% of e-scooter injuries involve head trauma, making helmet use a critical safety measure.
Hands and wrists are also commonly hurt since riders instinctively try to break their fall.
Who Is Liable in an E-Scooter Accident?
Liability in an e-scooter accident can involve multiple parties, depending on the circumstances:
- Rider Negligence: Riders who break traffic rules or act recklessly may be held responsible for resulting injuries or damage.
- Motorist Fault: Drivers can be liable if they hit a scooter rider while turning, opening a door, or failing to yield.
- Pedestrian Responsibility: Pedestrians may share fault if they step into traffic unexpectedly and cause a crash.
- Scooter Companies: Rental companies can be held liable if the scooter is defective due to poor maintenance or inspection failures.
- Local Government: City or parish authorities may be at fault if the accident resulted from neglected road hazards or missing signs.
Under Louisiana’s comparative fault system (La. Civ. Code Art. 2323), each party may be held liable only for their percentage of fault in an accident—even a pedestrian or e-scooter rider.
Liability in Special Situations
Collisions involving pedestrians are especially tricky. If a scooter rider hits a pedestrian or swerves to avoid one and crashes, it’s essential to look at everyone’s actions leading up to the incident.
Scooter rental companies often include waivers and arbitration clauses in their user agreements. However, these don’t always hold up if the company fails to perform basic maintenance.
Most e-scooter rental agreements include liability waivers. But these do not always protect companies from claims if a mechanical defect contributed to the crash.
What Insurance Covers in E-Scooter Crashes
E-scooters typically lack standard insurance coverage, leaving riders and victims with limited protection. Rental company policies rarely cover medical costs, and personal auto insurance often excludes scooters. Homeowners or renters insurance may help with property damage but has restrictions.
If a driver is at fault, their liability insurance may apply. Health insurance covers medical bills but not legal damages or lost income. Always review your coverage before and after an accident, and consider how a personal injury attorney in New Orleans can help you understand the full scope of your rights.
common Liability Scenarios
| Scenario | Potential Liable Party | Legal Notes |
| Rider hits pedestrian in crosswalk | E-scooter rider | If riding recklessly or against traffic signal |
| Car doors open into path of scooter | Vehicle driver | Driver failed to check surroundings |
| Brake failure due to poor maintenance | E-scooter company | Requires proof of negligence in maintenance |
| Scooter hits pothole and crashes | Local municipality | Must show prior knowledge of road hazard |
| Pedestrian steps into street suddenly | Pedestrian (shared fault) | May trigger comparative liability rules |
What to Do After an E-Scooter Crash
- After an accident, seek medical attention immediately—even for minor injuries.
- Take photos of the scene, including the scooter, road conditions, and any vehicles involved.
- Gather witness contact details.
- Report the incident to the police and scooter rental company.
- Keep all medical bills and repair receipts to support your claim.
FAQs
What should I do immediately after an e-scooter accident?
Get medical care, document the scene, report the crash to the police and the scooter company, and gather witness details. This will help protect your rights and strengthen your claim.
Can I sue the e-scooter company if the scooter malfunctions?
Yes, but only if you can show the company failed to maintain or inspect the scooter. Liability waivers in rental terms don’t always apply in cases of equipment failure.
Does auto insurance cover e-scooter accidents?
Most auto insurance policies exclude e-scooters. However, if a driver caused the accident, their liability insurance might cover your injuries and damage.
What if a pedestrian caused my e-scooter accident?
Under Louisiana law, pedestrians can share fault. If their actions caused the crash, they may be partly responsible under comparative fault rules.
How long do I have to file a claim after an e-scooter accident in Louisiana?
You typically have one year from the date of the accident to file a personal injury claim under Louisiana’s statute of limitations.
Conclusion
E-scooters have added convenience and speed to our streets, but they’ve also added complexity to accident liability. With multiple parties potentially involved and insurance coverage unclear, it’s not always easy to know where to turn.
Understanding how Louisiana law handles these accidents, especially the role of comparative fault, can make a big difference in protecting your rights. Whether you were riding the scooter, hit by one, or injured due to a faulty unit or bad road, legal options may be available.
Contact Alvendia, Kelly & Demarest Law Firm today to schedule your free consultation and learn how they can help you move forward.
Categories
In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
