One of the most striking changes that has come to the City of Chicago over the past decade is the presence of the countless motorized electric scooters that have joined us on our roadways — and sometimes (although they shouldn’t be) on our sidewalks. Whether these small motorized vehicles belong to their riders or are rented through one of the city’s programs such as Divvy that make them available to the public, it has become commonplace to see fellow Chicagoans whizzing past on e-scooters especially since the city introduced them with a pilot program for rentable scooters in 2020. And while another alternative to sitting in traffic is always great, you’ve probably noticed that these e-scooters have their fair share of safety concerns as well. Reports show that e-scooter-related injuries have sky-rocketed since they became popular, which begs the question: what happens if you’re injured in an e-scooter accident?
Here are some answers, from the perspective of a personal injury lawyer:
If You are Injured by a Car While Riding an E-Scooter
Electric scooters should always be operated in the bike lane and only in car lanes when no bike lane is available. In fact, it is generally advised to follow the same set of rules when you are riding them as when you are riding a bike — i.e. yielding to pedestrians, being extremely cautious of other vehicles, and obeying all the laws of traffic. Even so, as with bikes, accidents and injuries are unfortunately not uncommon.
If you are injured in an automobile accident while riding an electric scooter, liability depends on who and what caused the accident. You may have a valid claim against the driver’s car insurance policy if the accident was caused by negligent or careless driving on their part. For instance, if you are riding in a bike lane and a car collides with you because they attempted to make a turn through your lane without checking for or yielding to you, then liability falls to the driver.
In all cases, it is best to wear protective gear and use extreme caution any time you are riding an e-scooter, especially with cars and other traffic nearby.
If You are Injured by Road Conditions
Anybody who lives in or near Chicago is certainly no stranger to potholes. These irritating imperfections in the road aren’t just unsightly – they are often difficult to avoid and can cause serious hazards, especially for someone operating an e-scooter. Unlike when we hit potholes while inside a car (which is bad enough), the same event can cause the rider of an e-scooter to potentially lose balance and even flip over or fly off the scooter.
If this does happen to you on an Illinois road with no bike lane, there may not be much legal recourse for any injuries it may cause. In December 2023, the Supreme Court of Illinois ruled that the City of Chicago was not liable for injuries sustained by a bike rider who hit a pothole while on the road near a Divvy station. The Court agreed with the City’s argument that, while legal, bike-riding was not an intended use of the roadway, and therefore the City did not owe the biker a duty of care. Given that the rules for operating an electric scooter in Illinois are essentially identical to the rules for riding a bike, it’s reasonable to assume that this ruling would apply to e-scooters as well.
This is another reason why it’s best to take every safety precaution and obey the rules of the road at all times when operating an e-scooter.
If You are a Pedestrian Injured by Someone Riding an E-Scooter
The rules of the road are very clear that electric scooters are never to be ridden on the sidewalk. Nevertheless, the unfortunate reality is that some e-scooter users do ride on the sidewalk — in fact, a 2020 study found that most e-scooter injuries happened on sidewalks. Needless to say, this poses a danger to any pedestrians that are trying to use the sidewalk as well. Even a low-speed scooter could cause significant injuries if it were to collide with a pedestrian.
Illinois law states that if you own an electric scooter, it must be covered by a liability insurance policy of $25,000 for bodily injury per person and $50,000 for bodily injury per accident. Given that e-scooters are not supposed to be operated on the sidewalk, if you are a pedestrian on the sidewalk and are injured by someone on an e-scooter, there is a good chance that you have a valid claim against the rider’s liability insurance. A good place to start is getting a consultation with a local personal injury attorney.
What You Should Do
Any time you are injured, including in an electric scooter-related accident, the most important thing to do is to get the appropriate medical attention. This is crucial for your own well-being, as well as creating records that are vital for any personal injury case that may arise from the accident. Make sure to prioritize your recovery by following the instructions of your medical care providers and attending any follow-up appointments they order.
It is also important to file a police report and exchange insurance information with anyone else involved in the accident. Taking pictures of the scene of the accident and asking for contact information from witnesses are good ideas as well.
Finally, seek out the help of a personal injury attorney to help you navigate your legal case and recoup the costs of your injuries. You can get a free consultation from The Law Office of Steven A. Sigmond by reaching out to us at (312) 258-8188 or filling out the form here.
