When a pedestrian is hit by an e-scooter, the responsible party is typically the person or entity whose negligence caused the collision. Typically, this is the scooter rider. However, responsibility could also fall on the scooter-share company, like Lime or Bird, if equipment failure was a factor, or even a city if a hazardous road condition contributed to the incident.
Determining responsibility involves a careful investigation into the specific facts of the accident.
- Where did the collision happen—on a sidewalk or in a crosswalk?
- Was the rider following local traffic laws?
- Was the scooter itself properly maintained?
These cases are complicated. Insurance coverage is rarely straightforward, and scooter-share companies have user agreements designed to limit their liability. Even with these challenges, you have the right to hold the at-fault party accountable and pursue compensation for your medical bills, lost income, and pain and suffering.
If you have questions about what happened to you, call our team for a straightforward conversation about your situation. Our phone number is (312) 767-7950.
Key Takeaways for Pedestrians Hit by Scooters
- The scooter rider is typically the responsible party. Negligent actions, such as speeding, ignoring traffic signals, or riding on a prohibited sidewalk, usually establish their fault.
- Other entities, like scooter companies or cities, may also be liable. A company is responsible for equipment failures like faulty brakes, while a city may be at fault for hazardous road conditions that contributed to the incident.
- Proving fault requires specific evidence. To secure compensation, you must build a case using police reports, witness statements, video footage, and medical records that clearly link the rider's breach of duty to your injuries.
Who Are the Potentially Liable Parties?
Let's break down each potential party, one by one, to clarify who might be responsible if a pedestrian is hit by a scooter.
The Scooter Rider
In the majority of pedestrian-scooter collisions, the rider is the primary at-fault party. Their responsibility is based on a legal concept called negligence. In simple terms, every person has a "duty of care" to act in a way that doesn't needlessly endanger others. A scooter rider who breaks a traffic law, rides recklessly on a prohibited sidewalk, is distracted, or is speeding has likely breached that duty.
Examples of rider negligence are common on city streets and include:
- Weaving through pedestrians on a crowded sidewalk.
- Ignoring a stop sign or red light at an intersection.
- Riding under the influence of alcohol or drugs.
- Looking down at a phone instead of watching where they are going.
The Scooter-Share Company (e.g., Lime, Bird, Divvy)
The company has a duty to provide safe and properly maintained equipment. If the accident was caused by a mechanical failure—such as faulty brakes, a broken throttle, or a sudden battery malfunction—the company is held responsible under product liability principles.
In rarer cases, a scooter share company might be liable for what is known as "negligent entrustment." This applies if the company knowingly allowed an unsafe rider, such as someone who is underage or was previously banned for reckless riding, to use their service and that rider then caused an injury.
A Government Entity (e.g., the City of Chicago)
Sometimes, the environment itself plays a role in a collision. A government entity may share responsibility if a dangerous condition on public property caused or contributed to the accident.
Clear examples include:
- A large, unmarked pothole that causes a scooter rider to lose control and swerve into a pedestrian.
- Poorly designed or maintained bike lanes that create a confusing and dangerous situation for both riders and walkers.
- A malfunctioning traffic signal that leads to a collision in an intersection.
Claims against government bodies have very different rules and much shorter deadlines. In many cases, you must file a formal notice of your claim within just six months of the incident, a significantly shorter window than the standard personal injury timeline.
How Do You Prove Someone Was at Fault?
The legal term for this is proving "negligence," and it requires demonstrating four specific elements.
The four elements of negligence are:
- Duty: This is the basic responsibility to act with reasonable care. A scooter rider has a duty to follow traffic laws and watch out for pedestrians.
- Breach: The rider "breached" or broke that duty. For example, by illegally riding on a sidewalk in a busy Chicago neighborhood where it's banned.
- Causation: The rider's breach must be the direct cause of your injuries. The fact they were speeding on the sidewalk is the reason they couldn't stop in time to avoid hitting you.
- Damages: You suffered real, measurable harm as a result. This includes things like medical bills, lost wages, and physical pain.
Our role is to systematically gather the evidence needed to establish each of these four elements and build a strong, coherent case on your behalf. We don't expect you to have everything organized; we handle the investigation so you can focus on your recovery.
This process includes collecting these pieces of information:
- Police Reports: This document provides the official narrative of the incident and typically contains initial findings about what happened.
- Witness Statements: We seek out and interview anyone who saw the collision to get their firsthand accounts.
- Photos and Video: Surveillance footage from nearby businesses, traffic cameras, or even a bystander's phone provides undeniable proof of what occurred.
- Scooter Data: The scooter-share company's app tracks GPS data, speed, and braking information that helps us reconstruct the moments leading up to the collision.
- Medical Records: Your medical records document the extent of your injuries and link them directly to the accident.
What if They Claim You Were Partially to Blame?
It is a common tactic for the scooter rider or their insurance company to try and shift the blame. They might argue that you were looking at your phone, that you jaywalked, or that you stepped out suddenly from between parked cars.
Illinois law addresses these situations with a standard called "modified comparative negligence." This legal principle is designed to create a fairer outcome when more than one person's actions contributed to an accident.
Here’s how it works: In Illinois, you still recover financial compensation for your injuries as long as you are not found to be 50% or more at fault for the accident. Your total compensation is reduced by your percentage of fault.
We work to ensure that no amount of blame is unfairly placed on you, protecting your right to pursue the maximum compensation available under the law.
The Challenge of Insurance in Scooter Accidents
Unlike car accidents, where there is a clear path to an auto insurance policy, scooter collisions present a much more complicated insurance landscape. This is a key reason why these cases become so difficult for individuals to handle on their own.
Here’s a breakdown of the insurance possibilities we investigate:
- Auto Insurance: A scooter rider's personal car insurance policy will almost never cover an accident that happens on a scooter. These policies are written specifically for four-wheeled vehicles.
- Homeowner's or Renter's Insurance: Sometimes, a rider's homeowner's or renter's policy may provide liability coverage for their actions, but this is not guaranteed and many policies contain exclusions for incidents involving motorized vehicles. We always explore this as a potential avenue for recovery.
- Scooter-Share Company Insurance: Companies like Lime and Bird do carry insurance policies. However, this coverage is typically secondary, meaning it may only apply after the rider's own insurance (if any exists) has been exhausted. Their policies are structured to protect the company first and foremost.
What if the Rider Has No Insurance?
Many scooter riders are uninsured and may not have significant personal assets. In this scenario, our investigation becomes even more important. We thoroughly examine whether other parties, such as the scooter company due to a maintenance failure or a government entity for a hazardous road condition, share any liability. In some cases, this may be the only viable path to securing compensation for your injuries.
What if the Rider Left the Scene?
It happens more than you'd think. A pedestrian gets hit, the scooter slows. But instead of stopping, the rider takes off. That leaves you injured and with no one to hold accountable.
Don’t panic. Hit-and-runs involving scooters aren't the end of the road.
- There are still ways to investigate. We start by looking at nearby surveillance: store cameras, home security systems, traffic cams. Many scooters zip through high-foot-traffic areas—plenty of businesses keep cameras pointed right at the sidewalk. We scan the area fast, before footage gets overwritten.
- If it was a shared scooter, we can track it. Companies like Lime and Bird log GPS and ride data for every rental. With the scooter’s serial number (which police often note in reports), we can subpoena the company for:
- Time of rental
- Account holder's identity
- Start and end locations
- Speed and braking data
- If it was a privately owned scooter, things get harder. There’s no license plate. No company to subpoena. But we still look for leads—someone may recognize the rider, especially if they’re local. We also canvass for witnesses and review 911 call logs in the area around the time of the collision.
- We also explore other options for compensation. If the rider can’t be identified, we look at whether someone else may be liable:
- Was the scooter defective? That opens the door to a product liability claim.
- Did a dangerous sidewalk, construction hazard, or unmarked pothole play a role? That may point to a government entity.
Hit-and-run claims are frustrating. They slow things down. But they don’t shut things down. The key is acting quickly, while evidence is still fresh and the trail is warm. We’ve handled cases like this before and we know where to look.
Frequently Asked Questions About Pedestrian-Scooter Accidents
How long do I have to file a claim in Illinois?
In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the incident. However, if a government entity is involved, the timeline is much shorter. You may need to file a formal notice of your claim in as little as six months, as required by the Local Governmental and Governmental Employees Tort Immunity Act.
What is my case worth?
The value of any personal injury case depends on several unique factors. These include the severity of your injuries, the total cost of your medical treatment (both past and future), the amount of income you have lost due to being unable to work, and the non-economic impact on your quality of life, referred to as pain and suffering. We provide a clearer assessment after we have a chance to review the specific details of your situation.
Do I have to pay anything for you to take my case?
No. At LegalRideshare Injury Lawyers, we handle personal injury cases on a contingency fee basis. This means you pay us nothing upfront. We only receive a fee if we successfully recover compensation for you. Our fee is a percentage of the final settlement or award, so our interests are directly aligned with yours.
What if the scooter rider left the scene (hit-and-run)?
A scooter rider leaving the scene of an accident where someone was injured is a criminal act. We work with law enforcement to assist in their investigation. We also use our own investigative tools, like checking for surveillance cameras from nearby businesses or residences, to try and identify the rider. In addition, we explore all other potential sources of recovery to ensure you are not left without options.
Are scooter accidents becoming more common?
Yes. Data from the U.S. Consumer Product Safety Commission shows a significant trend. Injuries related to micromobility devices, including e-scooters, have been rising annually. In fact, e-scooter injuries increased by 22% in one recent year from the previous year.
Let Us Clear the Path Forward
You were simply walking when someone else's carelessness upended your day. Now, you are left to deal with the physical pain, the medical bills, and the stress of it all. You do not have to sort through the confusion of liability and insurance claims by yourself.
Our practice focuses on helping injured pedestrians and riders across Chicago and Illinois. We understand the local laws and the unique challenges these accidents present in our communities. We are familiar with the tactics used to shift blame and the complexities of finding insurance coverage.
The first step is a simple phone call. You don't need to have all the answers or have every piece of paperwork ready. Just tell us what happened. We are here to listen and provide clear, straightforward guidance.
Let us help you understand your options. Call LegalRideshare Injury Lawyers today for a free, no-obligation consultation at (312) 767-7950.