Injured in an electric scooter accident in Miami, Orlando, Tampa, or anywhere in Florida? This guide covers Florida's personal injury law for e-scooter crashes, including claims against Lime, Bird, Spin, and other rental companies, plus third-party liability and how to overcome liability waivers.
Florida E-Scooter Injury Law Framework
Electric scooter injuries in Florida are governed by the state's general personal injury negligence law, products liability statutes, and specific e-scooter regulations. Understanding these frameworks is essential for building a strong demand letter.
Florida Statute Section 95.11 - Statute of Limitations
Under F.S. Section 95.11(3)(a), personal injury claims in Florida must be filed within 4 years from the date of injury. This applies to most e-scooter injury claims including:
Negligence claims against scooter rental companies
Claims against negligent motor vehicle drivers
Premises liability claims for dangerous conditions
Products liability claims for defective scooters
Exception: If your claim is against a government entity (city, county) for defective sidewalks or bike lanes, you must provide written notice within 3 years under the Florida Tort Claims Act (F.S. 768.28).
Effective March 24, 2023, Florida adopted modified comparative negligence under HB 837. This significantly impacts e-scooter injury claims:
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51% Bar Rule
If you are found more than 50% at fault for the accident, you recover nothing. This is a complete bar to recovery.
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Proportional Reduction
If you are 50% or less at fault, your damages are reduced by your percentage of fault. Example: $100,000 damages with 30% fault = $70,000 recovery.
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Helmet Defense
Not wearing a helmet may be used to argue you contributed to your head injuries, reducing your recovery for those specific damages.
Critical: Comparative Negligence in E-Scooter Cases
E-scooter companies routinely argue rider negligence to reduce or eliminate their liability. Common arguments include:
Rider was speeding or riding recklessly
Rider was distracted (phone use, headphones)
Rider ignored safety instructions in the app
Rider was intoxicated
Rider failed to wear a helmet (for head injuries)
Your demand letter must proactively address these arguments by documenting the defendant's negligence or product defect as the primary cause.
Florida E-Scooter Regulations
Florida law treats electric scooters similarly to bicycles under F.S. 316.003 and F.S. 316.2065:
No driver's license required: Anyone 16+ can operate an e-scooter
Speed limits: E-scooters limited to 20 mph on streets
Where to ride: Streets, bike lanes, and sidewalks (unless prohibited by local ordinance)
Helmets: Not required for riders 16+ under state law (local ordinances may differ)
DUI applies: Operating while impaired is illegal under F.S. 316.1932
Local Ordinances Matter
Florida cities have varying e-scooter regulations. Miami Beach, Orlando, Tampa, and Jacksonville each have specific rules about where scooters can be ridden, speed limits in certain areas, and parking requirements. A violation of local ordinance may affect liability analysis.
Liability Waiver and Arbitration Clauses
All major e-scooter rental apps (Lime, Bird, Spin, Lyft Scooters) require users to agree to Terms of Service containing:
Common Rental Agreement Terms
Liability waiver: User agrees to release company from liability for injuries
Assumption of risk: User acknowledges e-scooter riding is inherently dangerous
Arbitration clause: Disputes must be resolved through binding arbitration, not court
Class action waiver: User cannot participate in class action lawsuits
Venue selection: Often specifies disputes must be resolved in company's home state
When waivers are unenforceable in Florida:
Gross negligence: Waivers cannot protect against reckless or willful misconduct
Product defects: Waivers generally cannot shield manufacturers from strict products liability
Unconscionability: Florida courts may void waivers that are unfairly one-sided or hidden
Public policy: Waivers violating Florida public policy may be unenforceable
Who Can Be Held Liable for Your Florida E-Scooter Injury
Florida allows injured parties to pursue claims against all parties whose negligence contributed to the accident. Identifying all potential defendants is crucial for maximum recovery.
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E-Scooter Rental Company (Lime, Bird, Spin, etc.)
Negligent maintenance, failure to inspect, defective equipment provided to riders. Must prove the company knew or should have known about the dangerous condition.
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E-Scooter Manufacturer
Design defects, manufacturing defects, or failure to warn. Products liability claims under Florida law (F.S. 768.81) may bypass liability waivers.
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Motor Vehicle Drivers
Drivers who hit you, cut you off, doored you, or failed to yield. Florida motor vehicle insurance requirements apply.
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Property Owners (Premises Liability)
Private property owners responsible for potholes, debris, poor lighting, or other dangerous conditions on sidewalks or parking lots.
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Municipalities and Government Entities
Cities and counties responsible for maintaining safe roads, sidewalks, and bike lanes. Claims subject to Florida Tort Claims Act (F.S. 768.28) with sovereign immunity limitations.
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Other E-Scooter or Bicycle Riders
Other riders who collided with you through their negligent operation.
Claims Against E-Scooter Rental Companies
Negligence Theory (Must Overcome Waiver)
To hold Lime, Bird, or other rental companies liable for negligence, you must prove:
Duty: Company owed you a duty to provide a reasonably safe scooter
Breach: Company failed to properly inspect, maintain, or repair the scooter
Causation: The defective condition directly caused your injuries
Damages: You suffered actual harm and losses
Common negligence theories:
Failed to inspect scooter after previous rider reported issues
Inadequate maintenance schedule
Deployed scooters with known brake problems
Failed to remove damaged scooters from fleet
Products Liability Theory (Bypasses Waiver)
Florida's products liability law provides claims that may bypass the rental agreement waiver:
Design defect: The scooter's design is inherently dangerous (unstable, inadequate brakes)
Manufacturing defect: This specific scooter deviated from design specifications
Failure to warn: Company failed to adequately warn of known dangers
Products liability claims can be brought against both the rental company and the manufacturer under F.S. 768.81.
Claims Against Florida Municipalities
If a dangerous road or sidewalk condition caused your crash, you may have a claim against the city or county. However, Florida's sovereign immunity law limits these claims:
Notice requirement: Must provide written notice to the government entity within 3 years
Damage caps: $200,000 per person, $300,000 per incident (unless legislature approves claims bill)
No punitive damages: Punitive damages not available against government
Pre-suit waiting period: 180 days after notice before filing suit
Common Municipal Liability Theories
Dangerous potholes or pavement defects in bike lanes
Inadequate street lighting at intersections
Missing or inadequate signage for bike lane transitions
Failure to maintain sidewalks used by e-scooter riders
Negligent design of bike lane/road interface
Evidence Checklist for Florida E-Scooter Injury Claims
Florida's modified comparative negligence makes evidence collection critical. You must document both the defendant's negligence and counter any claims that you were at fault.
Immediate Evidence (At the Scene)
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Photograph Everything
The scooter (especially brakes, handlebars, tires), the accident location, road conditions, your injuries, traffic signs, and lighting conditions.
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Screenshot App Information
Your ride history, the specific scooter ID number, any in-app reports of issues, and your account information before you lose access.
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Lock/Preserve the Scooter
If possible, do not end your ride. Keep the scooter in your possession or mark its location. The scooter is critical evidence.
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Get Witness Information
Names, phone numbers, and statements from anyone who saw what happened.
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File a Police Report
Call police to document the accident, especially if a vehicle was involved or you have significant injuries.
Subsequent Evidence Collection
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Medical Records
All treatment records, emergency room visits, imaging, specialist consultations, physical therapy, and medical bills.
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Request Scooter Maintenance Records
Send a preservation letter to the scooter company demanding they preserve all records related to the specific scooter, including maintenance history and prior complaints.
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Surveillance Video
Request footage from nearby businesses, traffic cameras, or city cameras before it's deleted (typically 30-90 days).
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Lost Wage Documentation
Pay stubs, tax returns, employer letters confirming time missed and wages lost.
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Expert Reports
For significant claims, consider hiring a mechanical expert to examine the scooter and document any defects.
Evidence Preservation Letter
Send immediately to the scooter company to prevent destruction of evidence:
"This letter serves as formal notice pursuant to Florida law that you are required to preserve all evidence related to e-scooter ID [NUMBER] involved in an accident on [DATE] at [LOCATION]. This includes but is not limited to: the physical scooter and all components, maintenance records, inspection logs, GPS data, prior rider complaints, software update history, and any internal communications regarding this scooter or similar defects. Destruction of this evidence may result in sanctions and adverse inference instructions."
Do NOT Delete Your App or Account
Your ride history, account information, and any in-app reports are critical evidence. Do not delete the app or your account. Screenshot all relevant information immediately, as companies may limit your access after you report an injury.
Damages and Settlement Factors in Florida E-Scooter Cases
Florida allows recovery of both economic and non-economic damages for personal injury claims. Understanding how Florida values these claims helps you set realistic settlement expectations.
Recoverable Damages Under Florida Law
Damage Type
Description
Documentation Needed
Medical Expenses
All past and future medical treatment related to injuries
Medical bills, records, expert projections for future care
Lost Wages
Income lost due to inability to work
Pay stubs, employer letters, tax returns
Loss of Earning Capacity
Reduced future earning ability due to permanent injury
Expert economist testimony, vocational assessment
Pain and Suffering
Physical pain and emotional distress
Medical records, diary, testimony
Permanent Impairment
Lasting disability or disfigurement
Physician's permanency rating
Property Damage
Damage to phone, clothing, other personal items
Receipts, photos, replacement costs
Florida E-Scooter Settlement Ranges
Settlement values vary widely based on injury severity, liability clarity, and insurance coverage:
Typical Settlement Ranges by Injury Type
Minor injuries (soft tissue, road rash): $5,000 - $25,000
Moderate injuries (fractures, minor surgery): $25,000 - $100,000
Wrongful death: $500,000 - $5,000,000+ depending on circumstances
Note: These are general ranges. Actual values depend on clear liability, insurance limits, and comparative fault allocation.
Factors That Increase Settlement Value
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Clear Defect Evidence
Documented brake failure, handlebar malfunction, or other mechanical defect that caused the crash.
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Prior Complaints
Evidence that other riders reported the same issue with this scooter or scooter model.
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Objective Injuries
Fractures, surgeries, and other injuries documented by imaging and medical records.
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Permanency Rating
Physician determination that you have permanent impairment increases non-economic damages.
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Sympathetic Facts
Experienced rider, sober, wearing helmet, following all rules when accident occurred.
Factors That Decrease Settlement Value
Comparative Negligence Reductions
No helmet (for head injuries): May reduce head injury damages by 10-30%
Speeding or reckless riding: May reduce overall damages significantly
Alcohol or drug use: Can eliminate recovery if found >50% at fault
Phone distraction: May be used to argue contributory negligence
Ignoring safety warnings: May support assumption of risk defense
Insurance Coverage Considerations
E-scooter companies typically carry commercial liability insurance with limits of $1-5 million per occurrence. However, if you're injured by a motor vehicle, Florida's minimum auto insurance ($10,000 PIP, $10,000 property damage) may be inadequate. Check if you have:
Uninsured/Underinsured Motorist (UM/UIM): Your own policy may provide additional coverage
Health insurance: Will cover medical bills and may have subrogation rights
Umbrella policy: May provide excess coverage for your claim
Florida E-Scooter Injury Demand Letter Templates
Use these templates as starting points for your demand letter. Customize with your specific facts and evidence.
Template: Demand Against E-Scooter Rental Company
[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[EMAIL]
[PHONE]
[DATE]
[SCOOTER COMPANY NAME]
Legal Department
[COMPANY ADDRESS]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
RE: Personal Injury Claim - E-Scooter ID [NUMBER]
Accident Date: [DATE]
Location: [ADDRESS/INTERSECTION], Florida
Dear Sir or Madam:
I am writing to notify you of a personal injury claim arising from a defective e-scooter rented through your platform. On [DATE] at approximately [TIME], I was riding e-scooter ID [NUMBER] in [CITY], Florida when [DESCRIBE DEFECT - e.g., "the front brake system failed to engage, causing me to lose control and crash"].
ACCIDENT DESCRIPTION:
[Detailed description of what happened, emphasizing the defect, not rider error]
INJURIES SUSTAINED:
As a direct result of your defective equipment, I sustained the following injuries:
- [List injuries with medical documentation support]
MEDICAL TREATMENT:
I have received the following medical treatment:
- [List all treatment with dates and providers]
FLORIDA LAW:
Under Florida personal injury law, you owed me a duty to provide a reasonably safe e-scooter for rental. By providing a scooter with [describe defect], you breached this duty. Additionally, under Florida products liability law (F.S. 768.81), you are strictly liable for injuries caused by defective products placed in the stream of commerce.
While your rental agreement contains liability waivers, Florida law does not permit waiver of liability for gross negligence or defective products. Providing a scooter with known or reasonably discoverable defects constitutes gross negligence.
DAMAGES:
I claim the following damages:
- Medical expenses (to date): $[AMOUNT]
- Estimated future medical expenses: $[AMOUNT]
- Lost wages: $[AMOUNT]
- Pain and suffering: $[AMOUNT]
- [Other damages]
TOTAL DEMAND: $[AMOUNT]
EVIDENCE PRESERVATION:
You are hereby directed to preserve all evidence related to e-scooter ID [NUMBER], including but not limited to the physical scooter, maintenance records, GPS data, prior rider complaints, and internal communications.
SETTLEMENT DEMAND:
I demand payment of $[AMOUNT] within thirty (30) days of receipt of this letter to resolve this matter without litigation. This demand is made pursuant to Florida's pre-suit requirements and is intended to facilitate resolution before I incur additional legal expenses.
If I do not receive a satisfactory response, I will pursue all available legal remedies, including filing a complaint with the Florida Department of Highway Safety and Motor Vehicles and initiating litigation for damages, attorney fees, and costs.
Please direct all communications to me at the address above.
Sincerely,
[YOUR SIGNATURE]
[YOUR PRINTED NAME]
Enclosures:
- Photographs of accident scene and scooter
- Medical records and bills
- Police report (if applicable)
- Lost wage documentation
Template: Demand Against Motor Vehicle Driver
[YOUR NAME]
[YOUR ADDRESS]
[DATE]
[DRIVER'S INSURANCE COMPANY]
Claims Department
[ADDRESS]
RE: Claim Number: [IF ASSIGNED]
Insured: [DRIVER NAME]
Date of Loss: [DATE]
Location: [INTERSECTION/ADDRESS], Florida
Dear Claims Adjuster:
This letter constitutes a formal demand for damages arising from a motor vehicle collision that occurred on [DATE] in [CITY], Florida. Your insured, [DRIVER NAME], struck me while I was lawfully operating an electric scooter in [bike lane/crosswalk/roadway].
ACCIDENT FACTS:
[Describe how the driver was negligent - failed to yield, ran red light, doored you, etc.]
FLORIDA LAW:
Under F.S. 316.2065, electric scooter operators have the same rights and duties as bicycle operators. Your insured violated F.S. [CITE SPECIFIC TRAFFIC LAW VIOLATED], directly causing this collision. Under Florida's modified comparative negligence law, your insured bears [percentage] liability for this accident.
INJURIES AND TREATMENT:
[List injuries and treatment]
DAMAGES CLAIMED:
[Itemize all damages]
TOTAL DEMAND: $[AMOUNT]
Please respond within thirty (30) days with your settlement offer or I will proceed with litigation.
Sincerely,
[YOUR NAME]
Florida E-Scooter Injury Attorney Services
I represent injured e-scooter riders throughout Florida, including Miami, Orlando, Tampa, Jacksonville, and all Florida cities. My practice focuses on overcoming liability waivers, proving product defects, and maximizing recovery against scooter companies and negligent drivers.
Fee Structure
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Demand Letter Only
$450
Flat fee for professional demand letter drafting with Florida law citations and evidence organization
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Hourly Consultation
$240/hr
Legal advice, case evaluation, and strategy sessions billed hourly
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Contingency Representation
33-40%
Full representation with no upfront costs. Fee only if we recover compensation for you
When to Hire an Attorney
Consider Legal Representation If:
Your medical bills exceed $10,000
You have permanent injuries or impairment
The scooter company denies liability or invokes the waiver
A motor vehicle was involved in the accident
You need to pursue a products liability claim
Multiple parties may be at fault
You need to navigate arbitration requirements
Injured on an E-Scooter in Florida?
I offer free initial consultations for Florida e-scooter injury cases. Contact me to discuss your claim and legal options.
Under Florida Statutes Section 95.11(3)(a), you have 4 years from the date of injury to file a personal injury lawsuit arising from e-scooter accidents. However, you should send a demand letter much sooner to preserve evidence and begin settlement negotiations. If your claim is against a government entity (city sidewalk defects), you must file a notice of claim within 3 years under the Florida Tort Claims Act.
Under Florida's modified comparative negligence rule (effective March 2023), if you are found more than 50% at fault for the accident, you cannot recover any damages. If you are 50% or less at fault, your damages are reduced by your percentage of fault. For example, if you have $100,000 in damages but were 30% at fault (e.g., not wearing a helmet), you can recover $70,000. E-scooter companies often argue rider negligence, so documenting the defect or third-party fault is critical.
Yes, but the rental agreement you signed likely contains an arbitration clause and liability waiver. Florida courts generally enforce these waivers for ordinary negligence, but they may be unenforceable for gross negligence, intentional misconduct, or defective product claims. If the scooter itself was defective (brake failure, handlebar malfunction), you may have a products liability claim that bypasses the waiver. Your demand letter should identify the specific legal theory that overcomes the waiver.
Florida personal injury law covers all injuries caused by another party's negligence or a defective product. Common e-scooter injuries include: traumatic brain injuries (TBI), broken bones and fractures, road rash and lacerations, spinal cord injuries, dental and facial injuries, and wrongful death. You can recover medical expenses, lost wages, pain and suffering, and permanent impairment damages under Florida law.
Multiple parties may be liable depending on how the accident occurred: (1) The scooter rental company (Lime, Bird, Spin) for defective equipment or inadequate maintenance; (2) The scooter manufacturer for design or manufacturing defects; (3) A motor vehicle driver who hit you; (4) A property owner for dangerous conditions (potholes, debris); (5) A municipality for defective sidewalks or bike lanes. Florida allows you to pursue claims against all responsible parties.
You should consider hiring a Florida personal injury attorney if: your injuries are serious (medical bills over $10,000), you have permanent impairment, the scooter company is disputing liability, you need help overcoming the liability waiver, or a vehicle was involved in the accident. Most Florida personal injury attorneys work on contingency (33-40%), meaning you pay nothing unless you recover compensation. For smaller claims, you may be able to handle the demand letter yourself.