📋 E-Scooter Accidents in California

Electric scooters have flooded California cities since 2017, creating a new category of personal injury claims. Whether you were injured riding a rental scooter (Lime, Bird, Spin, Wheels), hit by a scooter as a pedestrian, or injured by dangerous sidewalk conditions caused by improperly parked scooters, California law provides avenues for recovery.

E-scooter accidents present unique liability challenges: the rider, the rental company, the city, and third parties may all bear responsibility. Understanding California's specific e-scooter regulations and multiple potential defendants is essential to maximizing your recovery.

When to Use This Guide

This guide applies if you were injured in an e-scooter accident in California and:

🚗 Hit by a Vehicle

A car, truck, or other vehicle struck you while you were riding an e-scooter

🚶 Pedestrian Injured

You were hit by an e-scooter rider on a sidewalk or crosswalk

🚧 Scooter Malfunction

A defective brake, throttle, or other mechanical failure caused your crash

⚠ Road Hazard

Dangerous road conditions (potholes, debris) caused your accident

🚶 Sidewalk Obstruction

You tripped over an improperly parked dockless scooter

🏗 Premises Liability

Dangerous property conditions contributed to your e-scooter accident

Key California Statutes for E-Scooter Claims

🛴 Vehicle Code 21235 - Motorized Scooter Operation

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California Vehicle Code 21235 establishes the rules for operating motorized scooters (including e-scooters). Key provisions include:

  • No sidewalk riding - Scooters must be operated on roads, bike lanes, or bike paths (VC 21235(g))
  • Maximum speed 15 mph - E-scooters cannot exceed 15 mph on level ground (VC 21235(a))
  • Helmet required under 18 - Riders under 18 must wear a bicycle helmet (VC 21235(c))
  • No passengers - Scooters are single-rider vehicles only (VC 21235(f))
  • Valid driver's license or permit - Required to operate (VC 21235(b))

Key Point: Violation of any VC 21235 provision can be used as evidence of negligence, both against riders and against those who hit compliant riders.

⚖ Civil Code 1714 - Comparative Fault

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California follows a "pure comparative negligence" system under Civil Code 1714. Your damages are reduced by your percentage of fault, but you can still recover even if you were mostly at fault. If you are found 40% at fault for your e-scooter accident, you can still recover 60% of your damages.

Key Point: E-scooter riders may face comparative fault arguments for sidewalk riding, no helmet (if under 18), or speeding - even if another party caused the accident.

🏗 Civil Code 1714 & Government Code 835 - Premises Liability

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Property owners and municipalities have a duty to maintain their premises in a reasonably safe condition. This includes:

  • Private property owners must address hazards like potholes in parking lots
  • Cities must maintain safe road surfaces under Government Code 835
  • Cities that permit scooter-share programs may be liable for failing to enforce parking regulations

Key Point: If you tripped over an improperly parked scooter on a sidewalk, the scooter company, property owner, and city may all share liability.

⏱ Code of Civil Procedure 335.1 - Statute of Limitations

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You have TWO YEARS from the date of your e-scooter accident to file a personal injury lawsuit in California. For claims against a city or government entity, you must file a government claim within SIX MONTHS under Government Code 911.2.

Key Point: If your accident involves a city (road defect, scooter parking on city sidewalk), the 6-month government claim deadline is critical. Miss it and you lose your right to sue the city forever.

⚠ Rental Scooter User Agreements

Lime, Bird, Spin, and other rental companies require users to accept terms of service that include liability waivers and arbitration clauses. However, these waivers may not protect the company from claims based on their own negligence (defective scooters, improper maintenance) or gross negligence. They also do not affect third-party claims (vehicle drivers, property owners).

✅ Evidence Checklist

E-scooter accident claims require specific documentation. Click to check off items as you gather them.

📷 Accident Scene Evidence

  • ✓ Police report (if one was filed)
  • ✓ Photos of accident scene, road conditions
  • ✓ Photos of the scooter (damage, ID number)
  • ✓ Scooter ID/serial number from app or device
  • ✓ Surveillance camera footage from nearby businesses
  • ✓ Witness names and contact information

📱 Rental App Documentation

  • ✓ Screenshot of rental confirmation/receipt
  • ✓ Ride history showing route and time
  • ✓ Screenshot of any error messages or warnings
  • ✓ Copy of user agreement/terms of service
  • ✓ Any communications with company after accident

🏥 Medical Documentation

  • ✓ Emergency room records and imaging
  • ✓ Follow-up doctor visits and specialist referrals
  • ✓ All medical bills (itemized)
  • ✓ Physical therapy records
  • ✓ Photographs of injuries (multiple dates)
  • ✓ Doctor's prognosis and work restrictions

💰 Financial Documentation

  • ✓ Pay stubs (3-6 months before accident)
  • ✓ Employer letter confirming missed work
  • ✓ Tax returns (if self-employed)
  • ✓ Out-of-pocket expense receipts
  • ✓ Uber/Lyft receipts for medical appointments

🛴 Request Scooter Data Immediately

Rental scooter companies maintain GPS data, speed logs, brake usage, and maintenance records for each device. This data is critical evidence but companies often delete it quickly. Send a preservation letter to Lime, Bird, Spin, or the relevant company within days of your accident demanding they preserve:

  • GPS and speed data from your ride
  • Maintenance and inspection records for the specific scooter
  • Prior complaints or incidents involving that scooter
  • Deployment and retrieval logs

💰 Damages Calculation for E-Scooter Accidents

E-scooter accidents often result in serious injuries due to the lack of protection. Small wheels make these devices vulnerable to road hazards, and speeds up to 15 mph can result in significant impact injuries.

Common E-Scooter Injury Valuations

E-scooter riders frequently suffer injuries to extremities, head, and face. Understanding typical valuations helps you demand appropriate compensation.

🧠 Traumatic Brain Injury

Concussion to severe TBI from falls, especially without helmet. Cognitive deficits, personality changes, may be permanent.

$75,000 - $3,000,000+

😶 Facial Injuries

Broken jaw, cheekbone, orbital fractures, dental damage. Often requires reconstructive surgery and leaves permanent scarring.

$40,000 - $400,000+

🦴 Road Rash

Severe abrasions from sliding on pavement. May require skin grafts, causes permanent scarring.

$25,000 - $150,000+

🧬 Wrist/Arm Fractures

FOOSH injuries (fall on outstretched hand). Colles fracture, radius/ulna breaks. Common when trying to break fall.

$30,000 - $150,000+

🙌 Shoulder Injuries

Separated shoulder, rotator cuff tears, broken clavicle from impact. May require surgery and cause permanent limitations.

$40,000 - $200,000+

🦾 Spinal Injuries

Herniated discs, vertebral fractures, spinal cord damage. Can result in chronic pain or paralysis.

$100,000 - $5,000,000+

Pain and Suffering Multipliers

Non-economic damages are typically calculated using a multiplier applied to your economic damages.

Injury Severity Typical Multiplier Example Calculation
Minor - Soft tissue, full recovery 1.5x - 2x $10,000 medical x 2 = $20,000 P&S
Moderate - Fractures, surgery, good recovery 2x - 3x $50,000 medical x 3 = $150,000 P&S
Severe - Multiple surgeries, permanent issues 3x - 5x $100,000 medical x 4 = $400,000 P&S
Catastrophic - TBI, spinal, permanent disability 5x - 10x+ $300,000 medical x 6 = $1,800,000 P&S

Full Damages Calculation

📊 Sample E-Scooter Accident Damages

Rider struck by car while in bike lane, suffering broken wrist, facial lacerations, and concussion

ECONOMIC DAMAGES
Emergency room and CT scan $18,500
Wrist surgery (ORIF) $35,000
Facial laceration repair $8,500
Concussion treatment and monitoring $4,200
Physical therapy (12 weeks) $6,800
Future scar revision surgery $12,000
Lost wages (8 weeks off work) $14,400
Total Economic Damages $99,400
NON-ECONOMIC DAMAGES
Pain and suffering (3x multiplier) $200,000
Permanent facial scarring $50,000
Loss of enjoyment of life $25,000
TOTAL DEMAND $374,400

⚠ Insurance Coverage Challenges

E-scooter accidents present unique insurance issues. Rental companies carry liability policies but often have high deductibles and coverage exclusions. Auto insurance may not cover a driver who hits you. Explore all potential sources:

  • Driver's auto liability insurance
  • Rental company's liability policy
  • Your own uninsured/underinsured motorist coverage
  • Your health insurance (for immediate treatment)
  • Homeowner's/renter's liability (for scooter riders who injure you)

📝 Sample Demand Letter Language

Use these California-specific paragraphs in your e-scooter accident demand letter. Customize the highlighted portions with your specific facts.

Opening / Liability Statement (vs. Driver)
I am writing to demand compensation for serious injuries I sustained in an electric scooter accident caused by your insured, [DRIVER NAME], on [DATE] at approximately [TIME] at [LOCATION] in [CITY], California. At the time of the collision, I was lawfully operating a rental e-scooter in the [BIKE LANE / ROADWAY] in compliance with California Vehicle Code Section 21235. Your insured's negligent operation of a motor vehicle directly caused this collision and my resulting injuries.
Liability Statement (vs. Rental Company)
I am writing to demand compensation for injuries I sustained on [DATE] while operating a [LIME/BIRD/SPIN] rental e-scooter (ID: [SCOOTER ID NUMBER]) in [CITY], California. The scooter rented to me was defective and dangerous, specifically suffering from [DESCRIBE DEFECT - e.g., "brake failure," "loose handlebars," "throttle malfunction"]. Your company's failure to properly inspect and maintain this device, and/or to warn riders of known defects, constitutes negligence under California law.
Pedestrian Injury Statement
On [DATE] at approximately [TIME], I was walking on the [SIDEWALK/CROSSWALK] at [LOCATION] in [CITY], California when I was struck by [RIDER NAME / "an unidentified e-scooter rider"] operating a [LIME/BIRD/SPIN] rental scooter. The rider was operating the scooter on the sidewalk in direct violation of California Vehicle Code Section 21235(g), which prohibits motorized scooter operation on sidewalks. This statutory violation constitutes negligence per se under California law.
Sidewalk Obstruction Injury
On [DATE] at approximately [TIME], I was walking on the public sidewalk at [LOCATION] in [CITY], California when I tripped and fell over a [LIME/BIRD/SPIN] rental e-scooter that had been improperly parked across the sidewalk, obstructing pedestrian passage. The scooter was left in a position that violated both municipal ordinances regarding sidewalk clearance and your company's own user parking guidelines. Your company's failure to enforce proper parking protocols, implement effective geofencing, and promptly relocate improperly parked devices created the hazardous condition that caused my injuries.
Injury Description
As a result of this collision, I sustained serious injuries requiring emergency medical treatment and ongoing care. Specifically, I suffered: [LIST INJURIES - e.g., "a comminuted fracture of the left distal radius requiring open reduction and internal fixation; a grade 2 concussion with persistent post-concussive symptoms; multiple facial lacerations requiring sutures and leaving permanent scarring"]. The collision caused me to [DESCRIBE - e.g., "be thrown over the handlebars onto the pavement" / "fall forward onto my outstretched hands"].
Scooter Defect Claim
The e-scooter that [COMPANY NAME] rented to me was unreasonably dangerous due to [DESCRIBE DEFECT - e.g., "brake pads that were worn beyond safe operational limits," "a loose stem/handlebar connection," "a throttle that would not disengage properly"]. Under California product liability law and Civil Code Section 1714, your company owed a duty to provide rental devices that were properly inspected, maintained, and safe for their intended use. The GPS and maintenance records for this specific scooter (ID: [SCOOTER ID]), which I have demanded be preserved, will demonstrate your company's actual or constructive knowledge of this defect.
Damages Summary and Demand
Based on the foregoing, I demand the total sum of $[TOTAL AMOUNT] to fully and fairly compensate me for my injuries and damages. This amount consists of: (1) medical expenses incurred to date: $[AMOUNT]; (2) estimated future medical expenses: $[AMOUNT]; (3) lost wages to date: $[AMOUNT]; (4) loss of future earning capacity: $[AMOUNT]; and (5) pain, suffering, permanent scarring, and loss of enjoyment of life: $[AMOUNT]. This demand will remain open for [30] days from the date of this letter. If I do not receive an acceptable settlement offer by [DEADLINE DATE], I will proceed with filing a lawsuit in California Superior Court.

🚀 Next Steps

What to do after sending your e-scooter accident demand letter.

Expected Timeline

Days 1-14

Recipient receives, assigns to adjuster/counsel, begins reviewing documentation

Days 14-30

Initial response - may request additional documentation or make preliminary offer

Days 30-60

Negotiation period - counter-offers, additional evidence exchange, settlement discussions

Days 60-90

Final negotiations or decision to file lawsuit

If Settlement Negotiations Fail

  1. Consult a Personal Injury Attorney

    E-scooter cases involve complex liability issues and multiple potential defendants. Many attorneys offer free consultations and work on contingency (typically 33-40% of recovery).

  2. Consider Arbitration Clauses

    If your claim is against the rental company, review their user agreement for arbitration requirements. You may need to file in arbitration rather than court. However, arbitration clauses typically do not apply to claims against drivers or property owners.

  3. File Lawsuit Before Deadline

    You have 2 years from the accident date (CCP 335.1). If a government entity is involved, you must file a government claim within 6 MONTHS (GC 911.2).

  4. Consider All Defendants

    File against all potentially liable parties: driver, rental company, city, property owner. You can always dismiss defendants later, but you cannot add them after the statute of limitations expires.

⚠ Critical Deadline: Government Claims - 6 Months

If your e-scooter accident involves a city or government entity (dangerous road conditions, failure to enforce scooter regulations, injuries on public property), you must file a government tort claim within SIX MONTHS under Government Code 911.2. This is NOT the same as filing a lawsuit - it is a prerequisite. Miss this deadline and you cannot sue the government entity, period.

Need Legal Representation?

E-scooter cases involving multiple defendants, rental company liability waivers, or serious injuries often benefit from experienced legal counsel. Get a 30-minute strategy call to evaluate your options.

Book Consultation - $125

California E-Scooter Resources

  • California DMV: dmv.ca.gov - Vehicle Code and motorized scooter regulations
  • California Courts Self-Help: selfhelp.courts.ca.gov - Filing guides and forms
  • State Bar Lawyer Referral: calbar.ca.gov - Find certified personal injury specialists
  • Government Claims: Your city's risk management office - For filing government tort claims