Electric scooters (e-scooters) have transformed urban travel in cities like Philadelphia, offering convenience, affordability, and eco-friendly mobility. But with their growing popularity comes a troubling surge in e-scooter-related accidents and injuries. Riders, pedestrians, and even drivers are all at increased risk. The key legal question in these scenarios is: who is liable when an e-scooter accident happens in Pennsylvania?
Let’s break down the common causes, parties who may be held responsible, and how you can protect your rights if you’re injured.
Why E-Scooter Accidents Are on the Rise
The boom in e-scooter usage—through apps like Lime, Spin, and Bird—has outpaced infrastructure and regulation. Common causes of accidents include:
- Defective scooters
- Inexperienced riders
- Negligent motorists
- Poorly maintained roads or sidewalks
- Scooters left lying in walkways
Pennsylvania laws have yet to fully catch up to this evolving mode of transport, making liability issues especially complex.
Who Can Be Held Liable in an E-Scooter Accident?
- The E-Scooter Rider
If the rider was reckless—riding on sidewalks illegally, running red lights, or ignoring traffic laws—they may be held partially or fully liable for the accident.
- A Motor Vehicle Driver
If a car hits a rider due to distracted or negligent driving, the driver may bear responsibility. This could fall under a traditional personal injury claim against the driver’s insurance.
- The E-Scooter Company
Companies can be liable for:
- Faulty brakes or handlebars
- Battery malfunctions
- Failure to maintain or replace damaged units
They often try to avoid lawsuits by including waivers in their user agreements, but these can be challenged in court under certain circumstances.
- The City or Municipality
If the accident was caused by a hazardous road condition (e.g., potholes, debris), the city may be liable for failure to maintain safe public infrastructure. However, suing a government entity involves strict notice deadlines and legal hurdles.
- Pedestrians or Other Third Parties
In rare cases, a third party (like another pedestrian or cyclist) might contribute to an accident by stepping into the scooter’s path or behaving unpredictably.
Understanding Pennsylvania’s Modified Comparative Negligence Rule
Pennsylvania uses a modified comparative negligence system, meaning if you are 50% or less at fault, you may still recover damages. Your compensation is reduced by your share of fault.
What Damages Can Be Recovered?
Victims of e-scooter accidents may be entitled to compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Permanent disability
- Property damage (including phones or other personal items)
What to Do After an E-Scooter Accident in PA
- Call 911 and get medical attention immediately.
- Document everything: take photos, gather witness info, and preserve the scooter if possible.
- Do not speak to insurance adjusters without legal representation.
- Contact an experienced personal injury attorney.
We’re Here to Help You Navigate the Legal Landscape
At Jensen Bagnato, P.C., we handle emerging injury cases like e-scooter accidents with a deep understanding of evolving liability laws. If you’ve been injured on or by an e-scooter, you may have more legal options than you think—even if fault seems unclear.