E-Bike and E-Scooter Injuries Are Exploding Nationwide: What Victims Need to Know About Liability and Compensation

E-bikes and e-scooters were supposed to solve a modern problem: crowded streets, expensive parking, and short trips that don’t justify a car. 

In many cities, they’ve done exactly that, but as micromobility expands, with more riders, more rentals, more people sharing the same narrow lanes, the number of serious injuries is also expanding.

If you’ve been hit while riding an e-bike, thrown from a scooter because of a defect, or injured as a pedestrian by a fast-moving rider, you’re not alone. ERs are seeing more micromobility-related injuries, and the legal questions that follow can be surprisingly complicated.

Because, unlike a typical car crash, there may be multiple layers of liability: the driver who hit you, the rider who struck you on the sidewalk, the rental company that provided the device, and even the city or property owner responsible for the roadway. 

Add in helmet laws, app-based waivers, and insurance confusion, and people often don’t know where to start.

Below, we cover why these injuries are rising, who may be legally responsible, and what to do if you or a loved one was hurt.

E-Bike and E-Scooter Injuries Are on the Rise Nationwide

Micromobility is trending because it fits the way people actually live: short commutes, quick errands, and the desire to skip traffic. Cities are adding bike lanes, companies are deploying rental fleets, and more riders are buying personal e-bikes because they’re fast and convenient.

But when a trend grows faster than safety infrastructure and enforcement, crashes follow. The biggest reasons injuries are rising include:

Cities are expanding micromobility—and fast

More cities are encouraging micromobility to reduce congestion and emissions. Bike and scooter access has increased, sometimes overnight. That means more riders on streets that weren’t designed for the volume, speed, or mixed traffic patterns micromobility brings.

Pedestrian and rider injuries are increasing

E-bikes and e-scooters can travel at speeds that create serious impact injuries, especially when there’s a collision with a car, a curb, a pothole, or a pedestrian. Riders often have little protection, and pedestrians have none.

Common injuries include:

• Traumatic brain injuries (even with a helmet)
• Broken wrists, arms, collarbones, ribs, and hips
• Facial injuries and dental trauma
• Road rash and deep lacerations
• Spinal injuries
• Internal injuries from high-speed impacts
   

To add to the problem, liability can be confusing (and companies sometimes benefit from that confusion)

After a crash, victims often hear a version of “The rider should’ve worn a helmet” or “Scooters are at your own risk.”

When everyone points fingers, victims may delay getting legal help or accept a low settlement, but confusion doesn’t eliminate liability. It just makes it easier for responsible parties to avoid it.

Who Pays When an E-Bike Rider Is Hit?

This is one of the most common questions, and the answer depends on how the crash happened, who was involved, and what insurance applies. Here are the most common liability pathways.

Scenario A: A car hits an e-bike or e-scooter rider

In many cases, the driver (and their insurance) may be responsible, especially if the driver:

• Failed to yield while turning
• Opened a car door into the rider’s path (“dooring”)
• Drove distracted, impaired, or speeding
• Merged into a bike lane or passed too closely
• Ran a red light or stop sign
   

In these cases, the claim often begins as an auto-liability claim, but because micromobility injuries can be severe, the stakes are higher than a typical fender-bender.

It’s important to note that even if the rider was not in a marked bike lane, the driver may still be liable. Roads are shared spaces, and drivers have a duty to operate safely around cyclists and micromobility riders.

Scenario B: A rideshare or commercial vehicle hits the rider

Delivery vans, company trucks, and rideshare drivers are frequent players in urban micromobility crashes. These cases can involve:

• Larger insurance policies
• Employer liability (if a driver was working)
• More aggressive defense tactics

If you were hit by someone driving for work, there may be additional responsible parties beyond the individual driver.

Scenario C: A pedestrian is injured by a scooter or e-bike rider

If a rider hits someone on a sidewalk or in a crosswalk, the rider may be liable. But it may not stop there. If the rider was using a rental scooter, the rental company’s policies, maintenance practices, and safety design may also become part of the case, especially if the device malfunctioned or the brakes failed.

Scenario D: A rider crashes due to a defect or malfunction

If the scooter’s brakes fail, the throttle sticks, the battery overheats, or the folding mechanism collapses, liability may involve:

• The manufacturer (product liability)
• The rental company (negligent maintenance, failure to inspect, unsafe deployment)
• A repair contractor or service vendor

These cases are especially important because victims sometimes blame themselves—until an investigation reveals a defect that caused the crash.

Helmet Laws vs. Negligence: Does Not Wearing a Helmet Kill Your Case?

Helmet conversations come up fast after micromobility injuries, and it’s easy to see why: head injuries are common, and helmets can reduce risk, but legally, helmet use is not a free pass for the person or company that caused the crash.

Here’s what matters:

Not wearing a helmet usually does not eliminate liability

If a driver ran a red light and hit you, the driver’s negligence doesn’t disappear because you weren’t wearing a helmet. The crash still happened because of the driver’s conduct.

Helmet use may affect damages in some cases but not fault

In certain situations, the defense may argue that injuries would have been less severe with a helmet. That argument is about the amount of damages, not whether the defendant was negligent in the first place.

Helmet laws vary, and enforcement is inconsistent

Some jurisdictions require helmets for minors, some require them for all riders, and some have no requirement at all. Rental scooters add another layer: riders can unlock a device instantly, often without having access to a helmet, even if they wanted one.

The bigger legal question is often: who created the dangerous situation?

A driver who fails to yield, a company that rents out poorly maintained devices, or a city that leaves a hazardous road condition unaddressed may still be responsible, even if the victim wasn’t wearing a helmet.

The bottom line is that helmet use can be part of the conversation, but it shouldn’t stop you from exploring your legal options.

Rental Company Responsibility: When the Scooter Company May Be at Fault

Rental companies often market scooters as simple, safe, and easy, but when a device is deployed at scale (hundreds or thousands of scooters), then maintenance, battery safety, brake integrity, and proper placement become critical.

A rental company may be liable when injuries involve:

Poor maintenance and inspection failures

Scooters and e-bikes take a beating: potholes, curbs, weather, rough handling, and constant use. If a company doesn’t maintain the fleet properly, riders can be put at risk.

Potential red flags include:

• Brake failure
• Loose handlebars
• Worn tires or damaged wheels
• Unresponsive throttle or sudden acceleration
• Battery issues or overheating
• Broken lights or reflectors
  
   

Unsafe deployment practices

Some injuries happen before anyone even rides:

• Scooters left blocking sidewalks, ramps, or building entrances
• Devices placed near traffic lanes where riders must enter traffic immediately
• Clustering that forces pedestrians into the street
   

If a pedestrian is injured because a device was placed dangerously, the company that deployed it may share responsibility.

Misleading safety messaging or inadequate warnings

If the app or instructions fail to warn about known hazards, or if the company’s design encourages unsafe behavior, that may support a negligence claim.

What About the City? When Government Liability May Be Involved

Micromobility crashes are uniquely tied to infrastructure. A pothole that’s annoying in a car can be catastrophic on a scooter. A missing sign, poor lighting, or uneven pavement can send a rider flying.

In some cases, the city, county, or another public entity may be responsible if:

• A known roadway hazard wasn’t fixed within a reasonable time
• Construction zones were poorly marked
• Bike lanes were designed or maintained in a dangerous way
• There was a failure to provide proper warnings

That said, claims against government entities often have special rules. This can mean that you have shorter deadlines for filing a claim and different legal standards.

Waiting too long can permanently limit your options, which is why early legal review matters.

The Most Common E-Bike and E-Scooter Crash Scenarios

Micromobility injuries tend to repeat the same patterns. Understanding the scenario helps identify who may be liable.

• Right-hook collisions: A vehicle turns right across a bike lane and cuts off the rider.
• Left-turn failures: A driver turns left in front of an oncoming rider.
• Dooring: A driver opens a door into the rider’s path.
• Bike-lane intrusion: A driver stops or parks in a bike lane, forcing the rider into traffic.
• Sidewalk impacts: A rider hits a pedestrian (or a pedestrian steps into a rider’s path).
• Surface hazards: Potholes, metal plates, streetcar tracks, gravel, uneven pavement.
• Device malfunction: Brake failure, sudden acceleration, or folding mechanism collapse.
• Night visibility crashes: Poor lighting, missing reflectors, unlit scooters, dark clothing.

The “who pays?” question depends on which of these occurred and the evidence available.

What to Do After an E-Bike or E-Scooter Injury

The aftermath can be chaotic. Here are practical steps that can protect both your health and your case:

• Get medical care immediately. Even if symptoms feel minor, head injuries and internal injuries can take time to show.
• Document everything. Take photos of the scene, the device, your injuries, road conditions, and any vehicle involved.
• Get witness information. Collect names, phone numbers, and short statements, if possible.
• Preserve the device (if you can). If it’s a rental, note the device number, time, and location. Take close-up photos of any damage.
• Report the incident. File a police report for vehicle crashes, an app report for rentals, and incident report for property hazards.
• Don’t assume fault. As an unconscious reflex, people often politely apologize or think out loud in guessing what happened. Those statements can be used against them.
• Be careful with insurance adjusters. Early calls may push you to settle before you understand the full extent of injuries or liability.
  
   

What Compensation May Be Available for E-Bike and E-Scooter Accident Victims

Depending on the facts, compensation can include:

• Medical bills (including future treatment and rehab)
• Lost wages and reduced earning capacity
• Pain and suffering
• Permanent disability or disfigurement
• Out-of-pocket expenses (transportation, home modifications, etc.)
• Wrongful death damages for families who lost a loved one

The harder part isn’t knowing what compensation exists. It’s identifying every responsible party and building the evidence needed to prove the claim.

How Morgan & Morgan Can Help

Micromobility injury cases aren’t just “simple scooter accidents.” They can involve multiple defendants, multiple insurance policies, corporate defense teams, and fast-disappearing digital evidence.

Morgan & Morgan can investigate what happened, identify who may be legally responsible, and pursue the compensation you need to move forward. 

If you or a loved one was injured on an e-bike or e-scooter, whether by a driver, a defective device, or unsafe street conditions, getting legal guidance early can make a major difference in what you’re able to recover.

If you’re unsure who’s at fault or whether you have a claim, Morgan & Morgan can help you understand your options and fight for the outcome you deserve. Contact us today for a free case evaluation.