E-Scooter Accident Claims in Los Angeles: Know Your Rights

By Daniel Yesayan

7 min read

Shared e-scooters are everywhere in Los Angeles, and the injury claims they produce do not fit neatly into car-crash rules. Here is what riders and pedestrians should understand.

Shared electric scooters have been part of the Los Angeles streetscape for years now, on the Westside, downtown, along the beach path and across the Valley. They also produce a steady stream of injuries — to riders who hit a pothole or a car door, and to pedestrians struck on a sidewalk. The legal questions that follow rarely fit the familiar car-crash template.

What California law says about riding an e-scooter

Motorized scooters have their own rules in the California Vehicle Code. Riders must have a driver license or instruction permit (Vehicle Code §21235). Riding on a sidewalk is prohibited, riders may not carry passengers, and a helmet is required for anyone under 18. Scooters generally belong in bike lanes where they exist, and on streets with speed limits at or below the statutory threshold for scooter use.

These rules matter beyond citations. If a rider was breaking one when the crash happened, the other side will use it to argue fault. It does not automatically defeat a claim — California uses comparative fault, so a rider who is partly responsible can still recover, reduced by their share.

Who can be responsible for an e-scooter injury?

More parties than people expect:

• A driver who turned across a bike lane, opened a door into traffic, or failed to yield.
• The scooter operator or manufacturer, if a mechanical failure such as brake or stem failure contributed, or if a known defective unit stayed in service.
• A property owner or public agency, where a hazard in the roadway or walkway caused the fall.
• The rider, in a claim brought by an injured pedestrian.

Sorting this out early matters, because the evidence that identifies the responsible party — ride data, maintenance records, nearby camera footage — does not stay available for long.

Does the scooter company's user agreement affect my claim?

Scooter apps require agreement to lengthy terms, which commonly include arbitration provisions and liability waivers. Their enforceability varies with the circumstances and the claim, and a waiver signed by a rider does not bind an injured pedestrian who never used the app. What a rider agreed to should be read carefully rather than assumed to be the last word, and it is one reason to preserve the account, ride receipt and in-app trip history immediately.

Injuries that show up in scooter crashes

The riding position on a standing scooter puts the head and upper body forward, with small wheels that stop abruptly on a pothole or lip in the pavement. Head injuries, facial fractures, wrist and forearm fractures, shoulder injuries and dental damage are all common patterns. Head injuries in particular deserve prompt evaluation even when the rider feels alert afterward; our overview of traumatic brain injury claims explains why early documentation matters so much.

Pedestrians struck by a scooter — often from behind, on a sidewalk — tend to have fall-pattern injuries: hips, wrists, and head impacts against concrete. Those cases resemble pedestrian accident claims more than vehicle collisions.

What insurance applies?

This is the hard part. A standard auto policy generally does not cover you while riding a scooter, and many homeowner or renter policies exclude motorized vehicles. Where a car caused the crash, the driver's liability coverage is the primary source, and the rider's own uninsured or underinsured motorist coverage may apply if the driver has none or too little — including in hit-and-run situations, subject to the policy's requirements. Where a public agency's roadway condition contributed, a government claim with its own short deadline may be required.

What should I do right after an e-scooter crash?

1. Get medical attention and describe exactly how the crash happened.
2. Screenshot the ride in the app — trip start and end, the scooter ID, and the receipt — before it disappears from your history.
3. Photograph the scooter itself, the surface where it happened, and the surrounding scene.
4. Report the crash in the app and to police if a vehicle was involved.
5. Get names and numbers for witnesses, and note nearby businesses that may have exterior cameras.
6. Do not repair, discard or return a personally owned scooter that failed until it has been examined.

How long do I have to bring a claim?

California's general deadline for personal injury actions is two years from the date of injury. If a public entity is involved — a city street defect, for example — a written government claim is typically due within six months, long before the two-year date. Product claims against a manufacturer follow their own analysis. Because scooter cases often involve more than one potentially responsible party, more than one deadline can apply at once.

Riders and pedestrians in Los Angeles and the surrounding cities can find local information on our areas we serve pages, and you can contact our office with questions about a specific incident.

This is general information, not legal advice. Prior results do not guarantee a similar outcome.