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Scooter Accident Personal Injury Laws in New York

Scooter Accident Personal Injury Laws in New York

To determine the responsibility and liability for an accident involving an e-scooter or e-bike, the way in which the crash occurred needs to be established. If the accident occurred due to the reckless driving of a car or truck driver, then they will be liable for all injuries and damages sustained by riders on e-scooters and e-bikes in New York. On top of this, there are a growing number of incidents of electric-powered two-wheelers causing injuries to pedestrians. In these cases, the drivers of electric scooters and bicycles are held responsible for the injuries caused to pedestrians.

To determine the responsibility and liability for an accident involving an e-scooter or e-bike, the way in which the crash occurred needs to be established. If the accident occurred due to the reckless driving of a car or truck driver, then they will be liable for all injuries and damages sustained by riders on e-scooters and e-bikes in New York. On top of this, there are a growing number of incidents of electric-powered two-wheelers causing injuries to pedestrians. In these cases, the drivers of electric scooters and bicycles are held responsible for the injuries caused to pedestrians.

Electric Scooter Accidents and Preventable Injuries

While e-scooters from companies have become incredibly popular in the last couple of years, they clearly pose a lot of risk as well. The ER departments and doctors across the country have reported a significant rise in the number of scooter accident victims that are admitted to the ER, most of whom with serious injuries akin to those suffered in a car crash. These usually include:

  • Brain injuries and concussion
  • Broken bones
  • Back, neck, and spinal cord injuries
  • Burn injuries
  • Facial and dental injuries
  • Lacerations
  • Injuries requiring surgery or amputation

Bike and scooter riders in New York are not the only ones who experience these severe injuries. Pedestrians as well as other motorists can also suffer harm in a scooter accident. A scooter accident can play out in any of the following scenarios:

Pedestrian accidents: There is no doubt that pedestrians are the most exposed people on public walkways and roads, and they face many risks posed by vehicles including e-scooters. From “dockless”, abandoned e-scooters which create trip, slip, and fall hazards, to riders who unlawfully or negligently operate scooters, there are several ways a pedestrian can get hurt.

Motor vehicles: While motorists have the benefit of being protected by their vehicles, they can still suffer considerable harm in accidents caused by e-scooters. For example, a rider who violates traffic laws or negligently operates their scooter can cause the driver to collide or crash into other vehicles or structures.

Bicycle accidents: Since e-scooters are able to reach speeds upwards of 15 miles per hour (mph), they can often be seen in bike lanes. This creates a dangerous situation for cyclists who are struck by careless scooter riders. Cyclists are forced to run off the road into objects or structures, or out of bike lanes and into the path of motor vehicles, or suffer injuries in other types of crashes.

Scooter chargers: There are sharable e-scooter companies that rely on people to pick up the dockless scooters to charge them in their own homes. These people are known as “juicers” and receive compensation for charging the scooters. Unfortunately, they also face the risk of injury in case the charging battery or another scooter component turns out to be defective. We have seen cases of these scooter batteries causing burn injuries and fires.

Unsafe scooters: The e-scooter designers and manufacturers are responsible for making sure their product is safe for public use. If there is any defect with the scooter design or manufacturing, or if the scooter was not repaired properly and malfunctioned, it can lead to an accident and injuries. In these cases, product liability laws come into play, which means the scooter company can be sued.

Vehicle collisions: Since scooters are relatively small and not as noticeable, their riders face risks similar to pedestrians and bicyclists when it comes to being struck by negligent and distracted motorists. In some of the most publicized scooter accident cases, it was the scooter rider that was struck by a car or a truck in parking lots, crosswalks, and other areas of the road. Scooter riders have little to protect themselves against serious injuries or even death in case they ever collide with a 4-wheeler. 

Electric Scooter and Bike Laws in New York

Electric-powered scooters and bicycles were legalized in New York in 2020. The new law has classified e-bikes into 3 categories:

  • Class 1: Pedal-assist bikes that can drive up to 20mph (like Citi Bike e-bikes)
  • Class 2: Throttle-powered electric bikes that can drive up to 20mph
  • Class 3: Throttle-powered bikes that can drive up to 24mph (these are commonly used by delivery drivers)

The following regulations have also been outlined by the new bill:

  • E-scooters and e-bikes that are limited to traveling at 15mph are now legal to operate across the State of New York
  • Any individual riding a Class 3 e-bike must wear a helmet
  • Any individual aged 16 or 17 years must wear a helmet while riding a Class 1 or Class bike
  • Scooter sharing programs are not allowed in Manhattan (but a pilot program is expected to launch in Brooklyn and Queens)
  • If an e-bike rider is found to be under the influence of alcohol or drugs will face $500 fine and/or 15 days in jail

Note: All e-scooters and e-bikes (regardless of their class) are currently prohibited on the Hudson River Park Greenway.

Risk Posed By Motor Scooters

Motor scooters are certainly cost-effective and convenient to ride, but they provide no real protection for their riders since there is no barrier between the rider and the outside environment, unlike a car. Also, since scooters travel at a relatively slower speed, riders are incapable of avoiding a faster-moving vehicle in time to avoid a crash.

Because of the small size of an e- scooter, it is far less visible than other vehicles on the road, both to the pedestrians and traffic. All these reasons contribute to most of the injuries and fatalities that occur in a motor scooter accident in New York City.

Here are some of the most common causes of such accidents:

  • Reckless driving/speeding
  • Blind spots
  • Impaired or distracted drivers
  • Night driving or poor weather (low visibility)
  • Doors opened into lanes of traffic
  • Potholes

How To Avoid E-Scooter Injuries

Whether it’s a car crash or a scooter accident, the risk of broken bones, spinal cord injuries, concussions, traumatic brain injuries, organ damage, internal bleeding, and road burns is similar. Each of these injuries are not only physically and emotionally devastating, but they can also result in enormous medical bills for the patient and their family.

If you ride a motor scooter, keep yourself safe by following these tips:

Follow the rules of the road: Never forget that as a scooter or bike rider, you have less protection than car or truck drivers. So always stay alert, ride defensively, and follow the traffic rules. Be sure that you are allowed to ride the e-scooter or e-bike in a particular area, and always stay under the speed limit.

Always wear a helmet: Depending on what type of scooter or bike you have, it may not be mandatory for you to wear a helmet – wear it regardless! Multiple studies show that wearing a helmet is the best way to protect yourself against fatal injuries in a road accident. 

Who Is Liable In An Electric Scooter or Bike Accident?

It’s a sad fact that those ride inexpensive vehicles – like a scooter – generally have minimal insurance coverage. Another fact is that motor scooter rental companies have deep pockets when it comes to insurance. If your e-scooter/bike was a rental, your attorney will pursue compensation from the company’s insurance. 

Most of motor scooter accidents involve only one vehicle. If your crash also occurred due to fallen branches, slippery road, potholes, or other debris, and you sustained injuries as a result, your county/city might be liable for the lack of street cleaning or road repair.

Thanks to Vespa, Revel, and various other startups, thousands of electric scooters are now riding on NYC roads. With the increasing number of these electric moped sharing 2-wheelers, the risk of accident has also gone up, for scooter riders as well as pedestrians and motorists.

Whether you were injured after being hit by a scooter, or while riding a scooter yourself, it’s best to hire a scooter accident attorney who can negotiate and litigate on your behalf.

Contact A Trusted New York Scooter Accident Attorney Today

Whether an e-scooter crashes into a pothole, another person, or a vehicle on the road, someone is bound to get injured. If you or your loved one has suffered a scooter accident injury, you may have been forced to miss work and bear significant medical bills.

You are probably already in a lot of pain, the last thing you want is to get stuck with a huge debt when someone else’s negligence was responsible for it. Working with a scooter accident attorney in New York can help you file a personal injury claim to receive compensation for your hospital bills, rehabilitation, and lost wages.

At Rosenberg, Minc, Falkoff & Wolff, LLP, we have recovered over $1 billion in damages and settlements for our accident injury clients in New York. As one of the oldest and most successful law firms in NYC, we have the skills and resources to provide you best legal representation and guidance, so you have a far better chance of obtaining maximum possible compensation. To schedule your free and confidential case evaluation, call us at 212-344-1000 or contact us online today.


Robert Wolff

Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

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Your consultation is free, confidential, and risk-free. Start Your Free Case Review No obligation - No upfront fees - You don't pay unless we win Follow RMFW Law for legal insights and case results: Facebook Instagram X Pinterest Yelp YouTube Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

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Seek Prompt Medical Care: Visit an emergency room or urgent care center right away, as traumatic brain injuries and internal trauma often worsen over time. Consult a Dedicated Personal Injury Attorney: Speak with a qualified NYC personal injury lawyer before talking to insurance adjusters or accepting quick settlement offers. As these 17 City Council bills progress through public hearings, New York City traffic laws will continue to strengthen protections for accident victims. Our firm remains dedicated to guiding injured clients through complex insurance disputes, holding negligent operators accountable, and securing the comprehensive compensation you deserve. This article was drafted with AI assistance. Please verify all claims and information for accuracy. The content is for informational purposes only and does not constitute professional advice. Free Case Consultation Injured in an accident? Speak directly with an experienced NYC personal injury attorney at Rosenberg, Minc, Falkoff & Wolff. Your consultation is free, confidential, and risk-free. Start Your Free Case Review No obligation - No upfront fees - You don't pay unless we win Follow RMFW Law for legal insights and case results: Facebook Instagram X Pinterest Yelp YouTube Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

E-Bike & E-Scooter Child Accidents

NYC E-Bike & E-Scooter Child Accidents: Liability Laws Explained

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Understanding New York's E-Device Regulations New York State law has specific regulations governing the operation of e-bikes and e-scooters, particularly concerning age. Generally, operators of e-bikes and e-scooters must be at least 16 years old. This age restriction is critical, yet many younger children are still found operating these devices on public streets, often leading to dangerous situations. The American Academy of Pediatrics strongly recommends that children under the age of 16 should not use e-scooters. This recommendation aligns with the state's legal requirements, emphasizing the developmental and safety considerations for young riders. Despite these guidelines, enforcement can be challenging, leaving many families vulnerable. Helmet use is another vital aspect of e-device safety. In New York City, helmets are required for 16- and 17-year-olds operating an e-scooter, and for all operators of a Class 3 e-bike regardless of age. While helmets are not legally required for all adult riders of Class 1 and 2 e-bikes or e-scooters, they are always recommended as a critical safety measure. Wearing a properly fitted helmet can significantly reduce the risk of head injury in an accident. Further regulations dictate where these devices can be operated. In New York City, e-bikes and e-scooters are permitted in bike lanes and on streets with a posted speed limit of 30 miles per hour or less. However, riding on sidewalks is generally prohibited throughout New York City, with exceptions for children 12 or younger on bikes with wheels under 26 inches and where signs permit it. E-scooters also have a maximum speed limit of 15 mph in NYC. All riders must obey standard traffic laws, including stopping at red lights and stop signs, yielding the right-of-way, and using hand signals when turning. Violating these rules can directly impact liability in an accident. "Priscilla's Law" and the Push for Accountability The tragic death of Priscilla Loke in 2023, struck by an e-bike rider who fled the scene in Chinatown, galvanized a movement for stronger regulations. In response, "Priscilla's Law" has been proposed in the New York State Senate (S2599A) and Assembly (A339A). This critical legislation aims to enhance accountability for e-bike and e-scooter operators. The legislation would require license plates and DMV registration but does not include mandatory insurance. The primary goal of this law is to resolve the significant problem of identifying riders who cause accidents and then flee, leaving victims without recourse. Also, Priscilla's Law seeks to ensure that victims of e-bike and e-scooter crashes have financial protection. By improving rider identification, the bill aims to provide a clearer path for injured parties to seek compensation. It would also empower law enforcement to issue fines and impound non-compliant vehicles, strengthening enforcement efforts. This proposed law represents a significant step toward creating a safer environment for everyone on New York City streets. Determining Liability in Child E-Bike and E-Scooter Accidents When a child is injured in an e-bike or e-scooter accident in New York City, determining who is at fault can be complex. Multiple parties may share responsibility, and a thorough investigation is essential to identify all liable entities. Our Bronx personal injury lawyers meticulously examine every detail to build a strong case for our clients. Parental Responsibility Parents may face liability if their negligence contributed to a child's accident. For example, if parents knowingly allow a child under the legal age of 16 to operate an e-bike or e-scooter on public streets, they could be held responsible for any resulting injuries or damages. This falls under the legal principle of parental negligence, which holds parents accountable for failing to adequately supervise their children or prevent them from engaging in dangerous activities. Allowing a child to ride an e-bike illegally on busy Brooklyn streets could constitute such negligence. Negligent Drivers or Other Riders Many accidents involve collisions between e-devices and other vehicles. If a motorist strikes a child on an e-bike or e-scooter, the driver of the car or truck may be liable. Drivers owe a duty of care to all road users, including children, and failing to observe traffic laws or driving while distracted can lead to severe consequences. Similarly, if another e-bike or e-scooter rider operates their device recklessly and causes an accident, they can be held responsible for the child's injuries. Rental Company and Manufacturer Liability In some cases, the e-bike or e-scooter itself may be a contributing factor to the accident. If a faulty braking system, a manufacturing defect, or a design flaw causes an injury, the manufacturer could be held liable under product liability law. Pursuing such a claim requires expert investigation into the device's design and production. Our Queens car accident attorneys have the resources to handle these complex product liability claims. For devices rented from companies like Lime or Citi Bike, the rental company could also bear responsibility. While user agreements often attempt to shift liability to the rider, companies can be held accountable for negligent maintenance or mechanical failures that lead to accidents. In New York City, shared e-scooter riders are required to be 16 or older, with mandatory helmets for 16-17 year olds. Governmental Entity Liability Sometimes, hazardous road conditions contribute to accidents. A government agency responsible for maintaining safe roadways and bike lanes could share responsibility if, for example, a poorly designed bike lane or a significant pothole caused the child's accident. Identifying such factors requires a thorough investigation of the accident scene and local infrastructure. Seeking Full and Fair Compensation for Your Child's Injuries When a child suffers injuries in an e-bike or e-scooter accident, the path to recovery can be long and challenging. Families often face significant medical bills, ongoing therapy, and emotional distress. New York's comparative negligence laws mean that multiple parties may share responsibility for an accident, and compensation is awarded based on each party's degree of fault. Our experienced attorneys work tirelessly to ensure that all responsible parties are identified and held accountable. Compensation in these cases can cover a range of damages. This includes emergency medical expenses, future medical treatments, and long-term physical therapy. Additionally, families may seek recovery for the child's pain and suffering, as well as the loss of enjoyment of life. If a parent loses wages due to caring for an injured child, those lost earnings may also be recoverable. Property damage, such as a damaged e-bike or e-scooter, can also be included in a claim. Navigating these legal complexities requires the guidance of a knowledgeable personal injury attorney in New York City. Our firm is dedicated to providing compassionate and authoritative legal representation for accident victims. We understand the unique challenges involved in child injury cases and are committed to fighting for the maximum compensation your family deserves. Do not hesitate to seek legal counsel if your child has been injured; securing experienced representation is the crucial first step toward protecting their future. Sources NYC.gov — Bicycle and Scooter Safety Related Reading Bronx Building Collapse Liability and Tenant Rights Explained Understanding Uber Lyft Accident Coverage in New York Long Term Traumatic Brain Injury Impacts in NYC Frequently Asked Questions What is the legal age to ride an e-bike or e-scooter in New York City? New York State law generally mandates that operators of e-bikes and e-scooters must be at least 16 years old. The American Academy of Pediatrics also recommends that children under 16 should not use e-scooters due to safety concerns. What is Priscilla's Law and how would it impact e-bike accidents in NYC? Priscilla's Law is proposed legislation in New York that would require e-bikes and e-scooters in NYC to have license plates and DMV registration. This law aims to increase accountability for riders and ensure victims of hit-and-run accidents have a way to identify at-fault parties and seek compensation. Can parents be held responsible if their child causes an e-bike accident? Yes, parents can be held liable if they negligently allow their child, especially if under the age of 16, to operate an e-bike or e-scooter on public streets, contributing to an accident. This falls under parental negligence doctrines, which consider a parent's duty to supervise their children. What types of compensation are available for child e-bike or e-scooter injuries? Compensation for child e-bike or e-scooter injuries can cover emergency medical expenses, long-term physical therapy, lost wages for parents, property damage, and the child's pain and suffering. An experienced attorney can help identify all potential damages and pursue full compensation. This article was drafted with AI assistance. Please verify all claims and information for accuracy. The content is for informational purposes only and does not constitute professional advice. Free Case Consultation Injured in an accident? Speak directly with an experienced NYC personal injury attorney at Rosenberg, Minc, Falkoff & Wolff. Your consultation is free, confidential, and risk-free. Start Your Free Case Review No obligation - No upfront fees - You don't pay unless we win Follow RMFW Law for legal insights and case results: Facebook Instagram X Pinterest Yelp YouTube Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.