An Introduction to the Law on E-Scooters
Electric scooters, or ‘e-scooters,’ have swiftly become ubiquitous sights on city streets. They provide a convenient and eco-friendly mode of transportation, offering an alternative to motor vehicles and helping with government climate targets. However, with their increasing presence, a myriad of legal complexities have emerged.
There has been a marked rise in e-scooter accidents and compensation claims. This comprehensive guide aims to navigate the evolving laws, risks associated with e-scooters, and the intricate process of making compensation claims after an accident.
Making an E-Scooter Compensation Claim
Determining eligibility for compensation after an e-scooter accident involves several considerations. Those who were injured while responsibly riding may be eligible for compensation if the other party, such as a motorist, caused the accident by behaving negligently or dangerously. Compensation can cover factors like pain and suffering, medical treatment, property damage, and more.
Click the button below to contact our solicitors and start the process of claiming compensation for your e-scooter accident.
E-Scooter Accident Compensation Payouts
Below we will provide some information on the potential payouts after making a successful claim for compensation following an e-scooter accident. The information is invaluable and will help you understand the possible value of your claim. However, please be aware that it is only a guide, as every case is decided on its own particular facts, and expert advice from accident solicitors is recommended. Please also remember that claims for financial loss, such as loss of earnings, expenses, and medical bills, can also be claimed in addition to the injury award.
This information is just a sample of some compensation awards for e-scooter riders injured on UK roads. A full list and valuations of quantum awards can be obtained by visiting our guide on cycle accident compensation payouts.
Shoulder Injuries
| Injury Type | Min | Max |
| Serious, dislocations, permanent weakness | £15,510 | undefined |
| Moderate, with some limitation/discomfort | £6,380 | £10,340 |
| Minor, recovery within a year | £3,200 | undefined |
| Fracture of the clavicle | £4,180 | £9,900 |
Wrist Injuries
| Injury Type | Min | Max |
| Severe with complete loss of function | £38,500 | £48,400 |
| With significant permanent disability | £19,800 | £31,625 |
| With some permanent disability, pain, stiffness | £10,175 | £19,800 |
| With recovery complete | £3,000 | £6,500 |
| Colles’ fracture | £5,450 | £5,995 |
Knee Injuries
| Injury Type | Min | Max |
| Severe, with disruption of the joint | £56,375 | £77,770 |
| Moderate, permanent injury | £42,130 | £56,375 |
| With some instability or deformity | £11,900 | £21,500 |
| With dislocation, torn cartilage, wasting | £7,500 | £13,500 |
| Minor injuries | £1,000 | £7,500 |
Steps to Take After an E-Scooter Accident
In the aftermath of an e-scooter accident, certain steps are paramount to ensure the protection of your rights, establish a factual record and strengthen your chances of a successful compensation claim. These include:
- Notify the Police: Promptly inform local police about the incident.
- Gather Details: Collect comprehensive details of the responsible party, including their insurance and registration information.
- Collect Witness Accounts: Obtain information from any witnesses present during the accident.
- Document the Scene: Capture photographs and videos of the accident scene and document any damages incurred.
- Request CCTV Footage: If applicable, request CCTV footage from surveillance areas around the accident site.
- Get Legal Advice: Get legal assistance and advice from expert e-scooter accident solicitors.
Seeking legal counsel after an e-scooter accident is imperative. The legal landscape concerning e-scooters is intricate and rapidly evolving, so it’s necessary to get expert guidance. Our solicitors specialise in road traffic accidents and can offer comprehensive advice on navigating the complexities surrounding e-scooters. Understanding your rights and potential compensation avenues is crucial in these evolving circumstances.
Understanding E-Scooters
E-scooters are a relatively recent addition to the urban landscape. They blend the features of a traditional push scooter with an electric motor, enabling speeds of up to 30mph. Particularly during the pandemic, they have proven invaluable for their small size, easy storage, and quick manoeuvrability.
The legal framework surrounding e-scooters is still in flux, with regulations continually adapting to their integration into public spaces. Initially, riding privately owned e-scooters on public roads, cycle lanes, or pavements was strictly prohibited. However, government-backed trials were initiated to test the feasibility of e-scooter rentals in certain areas of the UK.
Under current laws, privately owned e-scooters remain restricted to private land with the landowner’s permission. In contrast, e-scooters available for rent in specified locations as part of government trials must adhere to stringent criteria, including a maximum speed of 15.5mph and the inclusion of two braking systems. Importantly, users of trial e-scooters must possess a full or provisional driving license and are obliged to ride on roads and comply with many of the same laws as motorists.
Council Run E-Scooter Schemes
There are various e-scooter hire schemes being piloted, usually in urban cities such as Liverpool, London and Manchester. One of the providers for the Liverpool City Region is Voi, who, on their website, provides the following important safety information:
“Be sure to know the local rules of the road before you set off. Stick to the bike lanes or close to the side curb, and stay off pavements as well as roads with speeds over 50 km/h (30 mph). Be aware of surrounding traffic, especially at intersections.
“Start off slowly while you get used to the accelerator and brakes. Oh, and put down your phone until you reach your destination.”
It is important to note that only official e-scooter hire regions legally allow these modes of transport on public UK roads. No private e-scooter can be used.
One key advantage of being involved with an e-scooter scheme is that there is complimentary insurance in the unfortunate circumstances that an e-scooter rider is involved in an accident. The cost of the insurance is built into the payment of hire.
Why are E-Scooter Riders Classed as Vulnerable Road Users?
Electric scooter riders are considered vulnerable road users because they are at an elevated risk of accidents and prone to more serious injuries in road traffic incidents. In 2022, a modification to the Highway Code was implemented, focusing on safeguarding these vulnerable road users. This legal update aims to enhance accountability for individuals operating vehicles with a greater potential for causing harm on the road.
“The road users most at risk from road traffic are pedestrians, in particular children, older adults and disabled people, cyclists, horse riders and motorcyclists. It is particularly important to be aware of children, older adults and disabled people, and learner and inexperienced drivers and riders. In any interaction between road users, those who can cause the greatest harm have the greatest responsibility to reduce the danger or threat they pose to others.”
When interpreting the common laws on road traffic accidents and the Highway Code, electric scooter riders are usually classed as cyclists.
Hit and Run Accidents for Electric Scooter Riders
Being involved in a hit-and-run can be a problematic area for electric scooter riders, so it’s essential to seek expert legal advice from professional e-scooter solicitors. This is what the MIB (Motor Insurers’ Bureau) say:
“The MIB (Motor Insurers’ Bureau) supports the Department for Transport’s trials and indeed the potential legalisation of e-scooters for use on the road, but we stand with 80% of the British public in calling for compulsory insurance of these motorised vehicles.
“We welcome the fact that operators during the trials will be required to have Motor Third Party Liability (MTPL) insurance. However, it’s important to remember that e-scooters (and other e-mobility devices) not used as part of the trials remain illegal for use on roads and in other public places.
“As it stands there has been no announcement on insurance requirements should e-scooters become legal. The government’s failure to implement relevant EU law since 2014 has left the MIB bearing the costs for compensating victims who are hit by e-scooters. These claims are effectively funded by premium paying motorists and result – completely unfairly – in increased motor insurance premiums for all decent road users. This situation continues after the transition period ends, as this EU law requirement remains in UK law until the government legislates to remove it. So far, they have not committed to doing so.
“The MIB believes there are potentially catastrophic consequences for legalising e-scooters beyond these trials without the requirement for some form of compulsory insurance. There is a high risk of accidents – presenting a dangerous threat to the safety and security of pedestrians, children and other innocent road users. This increases the likelihood of victims enduring life-threatening and life changing consequences with no hope of compensation for the victims. This also poses a major risk to e-scooter users without insurance, who could be forced to pay out thousands of pounds in liability if they have an accident.”
The only thing you can do at this stage is:
- Get details of any witnesses
- If it is a council e-scooter scheme, obtain the number of the scooter
- See if there are any CCTV cameras in the local area such as shops, houses and flats
- Report the incident to the police
- Instruct expert e-scooter solicitors
Statistics for E-Scooter Accidents in the UK
The Department for Transport has released the following 2022 statistics for e-scooter accidents in the UK, highlighting road casualties among e-scooter riders. The data is based on information supplied by police forces using the STATS19 reporting system.
Of the recorded casualties in collisions involving e-scooters, 11 e-scooter riders were killed alongside 1 pedestrian. 356 e-scooter users sustained serious injuries throughout the year while 782 were recorded to have had slight injuries.
This list shows the reported casualties in collisions involving e-scooters by injury type:
- Shallow cuts, lacerations or abrasions (slight severity): 282
- Bruising (slight severity): 148
- Sprains and strains (slight severity): 140
- Other head injury (serious severity): 67
- Other injury (slight severity): 66
- Fractured arm, collarbone, hand (serious severity): 55
- Fractured lower leg, ankle, foot (serious severity): 49
- Severe head injury, unconscious (serious severity): 43
- Deep cuts, lacerations (serious severity): 30
- Whiplash or neck pain (slight severity): 30
- Shock (slight severity): 23
- Fractured pelvis or upper leg (serious severity): 10
- Broken neck or back (serious severity): 7
- Other chest injury, not bruising (serious severity): 6
- Other injury (serious severity): 5
- Internal injuries (serious severity): 4
- Severe chest injury (serious severity): 3
- Multiple severe injuries, unconscious (serious severity): 3
- Multiple severe injuries, conscious (serious severity): 3
- Deep penetrating wound (serious severity): 1
As can be seen, there are many serious electric scooter accidents recorded, including 67 serious head injuries and 49 fractured lower legs, ankles or feet. Each case will result in severe pain and suffering. There is no record of who was at fault for the accidents.
The below graph shows the number of casualties involved in an e-scooter collision by the time of day. As expected, most electric scooter accidents happen during commuter rush hours.
Comparing E-Scooter Accidents With Cycle Accidents
As expert cyclist injury solicitors with decades of experience representing motorcycle and pedal bike victims, it is a natural progression for us to assist e-scooter riders who have been involved in an accident on a UK road. E-scooters are classed as a ‘motor vehicle’ under the Road Traffic Act (RTA) 1988.
Many of the circumstances and the relevant laws are similar between e-scooter accidents and cycle accidents. The following links will be of help to electric scooter riders:
- Motorbike Overtaking Stationary Line of Traffic
- Motorbike Filtering and Weaving – Who is at Fault?
- Car Performs ‘U Turn’ and Causes an Accident With a Cyclist – Who is at Fault?
- Car Pulls Out of a Side Road
- Motorcyclist Undertakes a Car – Who Is at Fault?
- Bike Swerves to Avoid Car
Therefore, the laws on overtaking, undertaking, weaving or filtering through stationary or slow-moving traffic are similar. The compensation amounts for the injuries also mirror cyclist injuries as all are particularly vulnerable road users.
How to Start an E-Scooter Compensation Claim
The Official Injury Claim (OIC) Portal classifies e-scooters as motorcycles, categorising users as vulnerable road users. Current challenges include the difficulty in determining liability, especially when private e-scooters, which cannot legally be used on roads, are involved. Non-compliance often leads to hit-and-run scenarios, complicating the identification of responsible parties. While the Motor Insurers’ Bureau’s Untraced Drivers Agreement statement on electric scooter riders offers a remedy, it may become obsolete if e-scooters cease to be classified as vehicles. Moreover, the inability to insure private e-scooters for road use raises concerns about the reliance on the Uninsured Drivers Agreement, which may no longer apply if insurance is not mandatory.
As e-scooters become an integral component of urban mobility, understanding the dynamic legal landscape is paramount. Stay informed about the evolving laws, and in the unfortunate event of an accident, consult with our expert cyclist and scooter solicitors to ensure you receive the guidance needed to navigate the intricate legal intricacies of e-scooter compensation claims.
Contact us today to discuss your situation and explore the possibilities for compensation in this rapidly changing environment.
