E-scooters are an increasingly common way to get around, including the use of both private and rentable scooters. As use increases, it also increases the potential for accidents involving the vehicles. If you were injured in an accident while riding an e-scooter, it’s important to know: Who is at fault in a California electric scooter accident? Liability, or fault, in the accident is important to help you recover the financial losses from your injury.
Proving Liability in an E-Scooter Accident
If you can prove another party liable for your e-scooter accident, then they are legally and financially responsible for the costs of your injuries. Depending on who you believe to be at fault for the crash, you have to prove different things to hold them liable. For a general personal injury claim to succeed, you have to prove:
- Obligación de cuidar. You have to show that the individual, company, or other entity owed you a duty of care, such as a duty to avoid causing you harm.
- Incumplimiento del deber. You then must show the party breached that duty. Usually, the breach occurs because of negligence.
- Causalidad. You then must show that the accident only occurred because of that party’s breach of duty.
- Daños y perjuicios. You also have to prove that you suffered recognized damages in the accident, including injuries that led to medical treatment, lost income, and pain.
Both drivers and e-scooter operators are required to follow the rules of the road, including following traffic laws and avoiding causing harm to others.
What Causes E-Scooter Accidents?
Common reasons that e-scooter accidents happen include:
- Careless drivers who turn without checking blind spots or fail to yield to e-scooter riders
- Uneven roads, potholes, and cracks
- Congestion on the roadway
- Dooring from parking cars
- Malfunction or failure of scooter parts
- Poor maintenance of the scooter
- A rider’s unfamiliarity with the location they are riding
- An inexperienced e-scooter rider
The cause of an e-scooter accident can help determine who is held liable. Not every e-scooter accident will result in a liability claim, however. It’s important to clearly assess your case to determine if you have the grounds for a personal injury claim.
Who Is Liable for an E-Scooter Accident?
There are several parties who might be responsible after an e-scooter accident. The liable party depends on the facts of your accident. Negligent parties might include:
- A driver. E-scooter riders operate on the roads alongside vehicles. If drivers fail to take care on the road, they can cause an accident, harming riders on scooters and other parties. In California, the insurance company of the driver to blame for the crash is liable for the damages. If you were hit by a driver, they could be liable for the crash if they failed to yield, were distracted, or otherwise were not following the rules of the road.
- The manufacturer. A manufacturer of the e-scooter could be liable for an accident if it happened because the scooter itself malfunctioned, broke down, or otherwise failed. If there was a defect or dangerous aspect to the e-scooter’s construction, this could result in a product liability claim. Always be sure to keep track of the scooter after an accident so that there is evidence of any potential defect.
- The e-scooter company. If you rented the e-scooter from a company to ride, the e-scooter rental company can be liable for malfunctions and failure of the vehicle. The company may have failed to ensure maintenance or check for defects.
- A government entity or property owner. When your accident happens because of a hazard on the road or on someone’s property, you could file a claim against them. Road hazards might be the liability of a governmental agency in charge of maintaining them. These claims have very short timelines for filing. You could also file a premises liability claim against a property owner if you were injured because of a serious hazard on their property.
- Another party on the road. Someone else may have liability for the accident, such as another scooter rider, a pedestrian, o a bicyclist. Claims against these parties can be harder to secure because insurance coverage rarely applies.
What if You Are Partially Liable?
All parties in an accident could potentially share some portion of the blame. If you were partially at fault for the accident, you may be uncertain whether you can still file a claim.
In California, you can, because the state uses comparative negligence laws for accidents and injuries. As long as you were not found to be 100% to blame for the accident, you could recover some of your losses.
If you are found to be 40% liable for the accident, then your damages are reduced by the same amount, meaning you can recover 60% of your total compensation. Insurers often try to undermine your case and blame you for the incident so they don’t have to pay you as much.
California E-Scooter Regulations and Laws
Part of determining your potential shared fault is understanding what laws you have to follow when you operate an e-scooter in California. This includes:
- Following the same rules of the road as vehicles do
- If you are under 18, wearing a helmet
- Not driving on the sidewalks
- Having a valid driver’s license or permit
- Not operating the e-scooter with any passengers
- Not driving with a package or article that stops you from placing a hand on your handlebars
- Not driving over 15 miles per hour
Local jurisdiction rules may also apply, creating stricter requirements for e-scooter riders.
If you fail to follow these and other requirements, then you are likely to be found partially at fault for the crash, depending on the circumstances of the accident. If you were operating the e-scooter while impaired, or were speeding over 15 mph, it is more likely that you will share partial responsibility for the incident.
Compensation in an E-Scooter Accident
A successful claim against a negligent party could recover the financial and personal damages you sustained from the crash, como:
- The cost of your medical bills
- Any long-term treatment
- Salarios y beneficios perdidos
- Reduced earning potential
- Property repair or replacement costs
- Pain and suffering and emotional trauma
The damages you can recover in a claim depend on the type of claim, the severity of your injury, and whether you are found partially liable.
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What Are the New Laws in California Regarding Electric Scooters in 2026?
There are new laws in California for e-bikes in 2026, but no major changes for electric scooters. A vehicle is considered an e-scooter when it has two wheels, handlebars, a motor, and a standing floorboard. You cannot exceed 15 miles per hour on an e-scooter and cannot ride on sidewalks. In Sacramento, riding an e-bike on the sidewalk results in a fine of up to $207, while in San Marcos, there is a fine of $35.
What Insurance Covers E- Scooter Accidents?
If you are in an e-scooter accident and do not have coverage specifically for the e-scooter, insurance coverage will depend on the policies you have or if anyone is at fault for the incident. You might be able to file with your own car insurance coverage or even homeowner’s insurance coverage in rare cases. If another party is to blame, you can file for damages with their insurance coverage. It can help to get coverage for e-scooters before an accident.
Who Determines Who Is At Fault in an E-Scooter Accident in California?
After an e-scooter accident in California, insurance companies will likely investigate the incident to determine who is at fault. If the e-scooter accident was also a vehicle accident, there will also likely be an investigation by responding law enforcement.
If you were in an e-scooter accident in California, it is important to hire an electric scooter accident lawyer to protect your interests, because insurance companies only protect their own financial interests.
How Common Are E-Scooter Accidents?
According to one study, there were an estimated 115 injuries per 1 million e-scooter trips in 2022, which was much higher than injuries at the same rate for bicycle, pedestrian, and vehicle trips. E-scooter accidents have also increased in recent years. At Children’s Hospital Los Angeles, e-bike and e-scooter injuries increased from 16 injuries occurring in 2020 to 124 injuries occurring in 2025.
Hire an Electric Scooter Accident Lawyer in California
You need a California electric scooter accident attorney who can protect your legal and financial interests.
Kenneth M. Sigelman y Asociados can give you the dedicated legal support you deserve. If you were injured in an e-scooter accident, such as on a Bird or Lime e-scooter, our firm can help you assess your options for financial recovery. We investigate the cause of the crash, assess your injuries, and advocate for your rights against insurance companies.
Ken Sigelman is a medical doctor and attorney, meaning our firm needs to work with fewer medical professionals to understand the scope of your injuries and the impact they have on your future. He can review your situation to determine the costs of treatment and potential complications so that you can recover fair compensation.
Our years of experience in complex personal injury claims help you get the financial support you need after an e-scooter accident. We serve clients throughout San Diego and the surrounding areas. Reach out to our team Este Dia.
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