In recent years, electric scooters have gone from being a novelty to a common sight. Whether you purchase your own e-scooter or rent one from a company like Lime or Bird, it’s easy to hop on and zip around town.
E-scooters are fun, convenient, and more environmentally friendly than cars and trucks. That being said, they can still be dangerous for the people who ride them, bicyclists, pedestrians, and other people on the roads and sidewalks. An e-scooter rider may strike a person as they ride – or a driver may hit an e-scooter rider when they are crossing the road or riding along a street.
Based in Melville, The Odierno Law Firm represents accident victims throughout Suffolk and Nassau Counties. Our Long Island personal injury lawyers fight to help our clients get maximum compensation, whether hurt in an e-scooter crash, a car accident, or another type of accident. Reach out to our law offices today to schedule a free consultation with a member of our legal team.
Are E-Scooters Legal in New York?
It is legal to ride an electric scooter in the state of New York – with some restrictions. As an initial matter, an electric scooter is a motorized device that can be ridden by an operator. An e-scooter also has handlebars, a floorboard, or a seat.
E-scooters are powered by electric motors and can reach speeds of up to 20 miles per hour (mph). In New York, it is against the law to drive an electric scooter at speeds above 15 mph.
Although e-scooters are legal in New York, that doesn’t mean that you can drive them anywhere. Generally, you can drive an e-scooter on certain streets and highways with a speed limit of 30 mph or less. You cannot operate an e-scooter on a sidewalk unless authorized by local law. Towns and cities in New York can set further rules for e-scooters within their communities.
All e-scooter operators must be at least 16 years of age, although you do not need a driver’s license to ride an e-scooter. If you’re under the age of 18, you must wear a helmet while driving an e-scooter.
While you must obtain automobile insurance to drive a vehicle in the state of New York, you do not need to obtain e-scooter insurance. This eliminates a big expense for many people but may lead to a problem if you are in an e-scooter accident and don’t have insurance.
Common E-Scooter Injuries
E-scooters have become popular in and around Long Island because they’re fairly cheap to purchase or rent, easy to use, and more environmentally conscious than motor vehicles. While there are a lot of benefits to electric scooters, they aren’t without their dangers. In fact, according to a report from the U.S. Consumer Product Safety Commission (CPSC), as these devices became more popular, the rate of injuries from e-scooter accidents increased by 21% in a single year.
A big reason that many people suffer serious injuries in e-scooter accidents is that they aren’t taking proper safety precautions, like wearing a helmet. If they’re hit by a car, they may also suffer severe injuries simply given the size of the vehicle. According to the CPSC, between 2017 and 2022, 233 people died in electric scooter accidents. Others suffered injuries like traumatic brain injury (TBI), broken bones, contusions, abrasions, and road rash.
Whether you buy or rent an electric scooter, you should always do what you can to keep yourself and other people safe. This includes:
- Wearing a helmet, even if you are over the age of 18.
- Only operating an e-scooter while sober. Riding an e-scooter while under the influence of alcohol and/or drugs is incredibly dangerous.
- Not riding with more than 1 person on your scooter at a time.
- Using a horn or bell to alert people that you are behind them.
- Maintaining an appropriate speed of 15 mph or less depending on conditions.
- Being aware of your surroundings.
- Riding with the expectation that other people and drivers may not see you (like defensive driving).
- Always riding predictably, avoiding sudden turns and stops.
- Drive defensively – which includes riding with the expectation that pedestrians, bicyclists, and drivers may not see you.
- Getting insurance for your e-scooter.
While e-scooters are relatively small compared to motor vehicles, they can still hurt a person or bicyclist if you accidentally hit them. By the same token, if you are hit by a vehicle, an e-scooter offers very little protection. While you cannot prevent all accidents, taking basic safety steps like the ones listed above can help you minimize the risk of injury.
Filing a Personal Injury Lawsuit for an E-Scooter Accident
When we talk about e-scooter accidents, there are two possibilities. First, an e-scooter may hit a pedestrian or bicyclist, injuring them. Second, a motor vehicle could strike an e-scooter rider. The ability to file a lawsuit in either situation depends on who was at fault for the crash.
Generally, personal injury lawsuits are based on a theory of negligence – which is a legal term that essentially means carelessness. A person could be negligent in many ways. For example, an e-scooter rider who drives on the sidewalk where it is prohibited and hits a pedestrian may be considered negligent. A driver who drifts into a bike lane and hits an e-scooter rider could also be considered negligent.
Determining negligence can be tricky. After an e-scooter accident, you can schedule a free consultation with a Long Island personal injury lawyer. They will listen to your story and offer you advice about your options for pursuing a claim against the at-fault party.
If you decide to move forward, then your attorney will file a claim with the at-fault party’s insurance company. Keep in mind, however, that if an e-scooter hits you, that liable party might not have insurance. Our Long Island e-scooter accident attorneys will thoroughly evaluate your claim and examine all options for seeking compensation.
If you are hurt in an e-scooter accident, your first priority should be to get to safety and seek medical attention. If you can do so, you can also collect information by taking photos and videos of the scene and getting the names and contact information of witnesses. When you are ready, you can schedule an appointment with a personal injury law firm to explore your options.
If you file a personal injury lawsuit, you can potentially recover money for both your direct and indirect losses. This may include compensation for lost wages, reduced earning capacity, property damage, medical bills, future medical treatment, emotional distress, pain and suffering, loss of enjoyment of life, scarring, and disfigurement. In some cases, you may even be awarded punitive damages if the at-fault party hit you intentionally or recklessly.
Studies show that people who are represented by legal counsel recover an average of 40% more than people who represent themselves in personal injury cases. Our Long Island personal injury attorneys will fight for your right to full compensation, examining every angle to help you get the money that you deserve for your injuries.
How Our Long Island E-Scooter Accident Attorneys Can Help
While e-scooters are fun, they can also be dangerous. If you are hit while riding an e-scooter – or are hit by an e-scooter – you may be able to file a personal injury claim against the at-fault party. Our law offices will advocate for you throughout the process to help you get the compensation that you deserve.
The Odierno Law Firm represents clients who have been hurt in all types of accidents, including distracted driving accidents, e-scooter accidents, and work-related injuries. We offer free initial consultations to all prospective clients and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Long Island e-scooter accident attorney, give us a call at 631-752-8580 or fill out our online contact form.
