Updated: 24 June 2022
Rise In Personal Injury Claims Involving E-Scooters
There are plenty of electric scooters being ridden around – but very few of them legally. Only the ones you can hire under trial schemes are legal to ride (and it’s been that way since July 4 2020).
But so far there have been at least 70 injuries involving e-scooters (including those being ridden legally). Eleven of the victims suffered serious injuries.
Injury Prevention Week - 27 June - 1 July.
During Injury Prevention Week the Association of Personal Injury Lawyers (APIL) want to highlight the legislative and practical measures which would help to protect people and reduce the number of these incidents.
Find out more below about the current rules governing e-scooters and about some of the injuries that have been caused by electric scooters.
First UK Pedestrian To Die After Being Hit By E-Scooter
Pedestrian Linda Davis, 71, died in hospital six days after she was hit by an e-scooter being ridden by a 14-year-old boy.
She had been on the pavement in Southwell Road East, Rainworth, Nottinghamshire. Police say the rider remained at the scene and contacted emergency services.
It was the UK's first fatal accident of its kind involving an e-scooter.
Actress Died After E-Scooter Hit And Run Accident In New York
Actress Lisa Banes – who appeared in the films Gone Girl and Cocktail – died 10 days after being hit by an e-scooter in New York. The rider failed to stop.
The 65-year-old actress died at Mount Sinai Morningside Hospital, police confirmed. She had suffered a traumatic brain injury and had been in critical care after being hit by the e-scooter which ran a red light.
Young Children Seriously Injured After Being Hit By E-Scooters
A six-year-old boy suffered a fractured skull after being hit by an e-scooter in Leicester.
It was six weeks before he could look at himself in the mirror because he was so frightened of what he saw. He has also suffered from memory loss, nightmares and a fear of the outside world.
The 17-year-old rider of the e-scooter – who failed to stop after the collision – pleaded guilty to offences including causing a serious injury by dangerous driving. He was sentenced to a 12-month youth referral order and banned from the road for 12 months.
In Feltham, West London, a three-year-old boy out walking with his grandmother suffered two broken collarbones after being hit by an e-scooter being ridden on the pavement.
The rider also fell in the crash but then remounted his e-scooter and fled the scene – leaving the young boy injured on the ground. The e-scooter was privately owned (and therefore being ridden illegally).
Young Bournemouth Boy Hit By E-Scooter On The Pavement
I’m currently helping the family of a six-year-old boy who was hit by an e-scooter in Wimborne Road, Moordown. They are claiming compensation for his injuries.
The boy and his mother had just been to a convenience store. As he stepped out of the shop, he was struck by the e-scooter being ridden along the pavement.
He was knocked to the ground and suffered cuts and bruises to his knees, elbows, feet and hands. We are awaiting a more detailed medical report.
It is alleged that the e-scooter rider:
- broke the law by riding on the pavement
- failed to give due care and attention
- failed to keep a proper lookout for pedestrians who would have been using the pavement
- failed to heed the presence of the victim
- was riding too fast for the circumstances and location
- failed to stop or take action to avoid the collision.
The e-scooter was a Beryl machine that had been hired under the pilot scheme being run in Bournemouth and Poole. That trial scheme launched in January this year. We are tracing the rider through the council (via the app required to use the e-scooters).
Rules Governing E-Scooters
The Bournemouth/Poole e-scooter hire scheme is one of many trials taking place around the country. Councils have been keen to explore the potential of electric scooters to help reduce traffic congestion and improve air quality.
E-scooter rental trials are currently taking place in more than 50 towns and cities in England. The trials are being run by 11 private companies. The scooters are limited to 15.5mph – but as you can see from the cases above, this can still result in very serious injuries for the victims they hit.
And this doesn’t begin to cover the large numbers of privately owned e-scooters being ridden on roads, pavements and in cycle lanes every day. Only e-scooters hired under approved schemes such as the one in Bournemouth/Poole are legal to ride.
But that hasn’t stopped private owners from riding roughshod over the law. You will often see privately owned e-scooters being ridden illegally.
Their owners either don’t know or don’t care that e-scooters are classified as ‘powered transporters’ and are therefore subject to rules governing motorised vehicles, such as MoT, tax, insurance and licensing. Nor do they meet the build requirements under rules governing powered transportation – e-scooters are unlikely to have rear lights (though some do), number plates or indicators.
So it is illegal to use them:
- on public roads or in pedestrian precincts
- in cycle lanes, under Section 21(1) of the Road Traffic Act 1988
- on pavements (Section 72, Highway Act 1835)
- on footpaths, bridleways or restricted byways (Section 34, Road Traffic Act 1988)
- in areas set aside for horse riders.
And it’s not just e-scooters that are affected by these rules. Powered transporters also include Segways, self-balancing motorised boards, kick-scooters with combustion engines and electric unicycles.
When E-Scooter Riders Are Potential Victims
So far we have discussed e-scooter riders as the perpetrators, when they hit pedestrians. But electric scooter riders – like motorcyclists and cyclists – are vulnerable road users too.
In Wolverhampton, a 20-year-old rider died in hospital six days after his e-scooter was in collision with a VW Golf car.
He had been in a coma following the accident which left him with multiple injuries. His 19-year-old woman passenger was also injured. Her condition was stable.
Claiming Compensation For Your Injuries – No Win, No Fee
There is no financial risk to you because we handle personal injury claims on a No Win No Fee basis.
Most injury claims are settled out of court. Very few of the personal injury cases we handle ever to court. The defendant (often an insurance company) usually admits liability long before then.
We usually win because it’s in both our interests for us to take on cases that have a good chance of success.
We do all the work for you. And we keep you informed of your claim’s progress at every stage. We take the worry out of the process – giving you the time you need to recover from your injuries.
Further Reading
- E-Scooter Accidents. Who Is To Blame? Read more…
- How Much Can I Claim For Slip, Trip And Fall Injuries? Read more…
- How To Claim For Injuries Caused By Potholes. Read more…
Get Expert Legal Advice On E-Scooter Injury Claims
Find out more about claiming compensation for injuries caused by e-scooters – contact our Personal Injury Team.
