Electric scooters, or e-scooters, have zipped onto Florida’s streets, sidewalks, and bike lanes, offering a convenient and eco-friendly way to get around. However, with their rise in popularity comes a troubling increase in e-scooter accidents. For many Floridians, a quick ride has turned into an unexpected trip to the emergency room. This blog breaks down the legal responsibilities of drivers and e-scooter companies while offering safety advice to prevent injuries.

The E-Scooter Boom and the Accident Surge

E-scooters are everywhere in Florida, from Miami’s bustling downtown streets to Tampa’s waterfront. In Gainesville, they’re part of the city and university’s Micromobility program. They’re convenient, fun, and inexpensive—what’s not to love? But with so many riders zipping around at speeds of up to 15 mph, accidents have become alarmingly common.

Nationally, the numbers have been astounding. The US Consumer Safety Commission found a 21% increase in injuries related to e-scooters between 2021 and 2022, many of them children under 14.

Common accidents include collisions with cars, pedestrians, and stationary objects, as well as single-scooter crashes caused by uneven pavement or reckless riding. Unfortunately, the injuries can be serious—broken bones, head trauma, and even fatalities.

Legal Responsibility of Drivers

When an e-scooter rider and a motor vehicle collide, determining legal responsibility can get tricky. Florida law requires drivers to share the road safely, which includes watching for smaller, harder-to-see vehicles like bicycles and e-scooters. Failure to do so could constitute negligence.

For example, if a driver runs a red light and hits a scooter rider, they would likely be held responsible for the accident. Similarly, drivers who fail to yield at crosswalks or open car doors without checking for passing riders could also face legal consequences.

But it’s not always so clear-cut. E-scooter riders are also expected to follow traffic laws, and if they dart into traffic or run a red light, they might share some blame for the accident. In Florida, this shared blame is governed by a comparative negligence system, meaning a rider’s compensation could be reduced based on their percentage of fault.

Legal Responsibility of E-Scooter Companies

E-scooter companies have obligations, too. They profit from providing e-scooters for public use, which means they must ensure their scooters are safe and well-maintained.

If an accident happens because of a mechanical issue, such as faulty brakes or a malfunctioning throttle, the e-scooter company could be held liable. Companies must also provide clear instructions on how to use the scooters safely and make their terms and conditions accessible.

However, most e-scooter companies include liability waivers in their user agreements. While these waivers might discourage lawsuits, they aren’t always ironclad. If a company’s negligence—like failing to repair a known defect—causes an accident, injured parties may still have a valid legal claim.

Safety Advice to Prevent E-Scooter Injuries

The best way to avoid the legal headaches (and physical pain) of an accident? Stay safe in the first place. Here are some practical tips:

1. Wear a Helmet

While it might not be legally required in Florida for riders over 16, wearing a helmet is one of the simplest ways to protect yourself. Head injuries are among the most common—and severe—e-scooter injuries.

2. Follow Traffic Laws

E-scooters are considered vehicles in Florida, which means riders must obey traffic laws. That includes stopping at red lights, yielding to pedestrians, and riding in bike lanes when available.

3. Stay Visible

Use reflective clothing or accessories and ensure your scooter’s lights are functioning. Visibility is critical, especially at night or in busy urban areas.

4. Avoid Distractions

Texting or listening to music while riding is a recipe for disaster. Stay focused on your surroundings to react quickly to hazards.

5. Inspect the Scooter Before Riding

Check the brakes, tires, and handlebars before you take off. A quick inspection can save you from mechanical failure mid-ride.

6. Know Your Limits

If you’re new to e-scooters, practice in a low-traffic area before hitting busy streets. It takes time to get the hang of balancing and maneuvering, especially around pedestrians and vehicles.

Related: Bicycle Safety in Gainesville, Florida

What to Do After an E-Scooter Accident

If you’re involved in an e-scooter accident, here’s what you should do:

• Seek medical attention immediately, even if your injuries seem minor.
• Document the scene, including photos of the scooter, the surroundings, and any visible injuries.
• Get contact information from witnesses and the other party involved.
• Report the accident to the e-scooter company and law enforcement.
• Consult an attorney to understand your rights and potential compensation options.

Final Thoughts

E-scooters are here to stay, offering a fun and efficient way to travel. But their rise in popularity comes with increased risks for riders, pedestrians, and drivers alike. Understanding legal responsibilities and prioritizing safety can help everyone share the road more safely.

If you’ve been injured in an e-scooter accident, remember: you don’t have to navigate the legal maze alone. An experienced attorney can help you understand your options and fight for the compensation you deserve.

Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.

Stay safe, Florida! Those scooters might be fun, but they’re no joke when it comes to potential risks.