Electric scooters (E-Scooters) are a common sight now since Government-approved E-Scooter trials have been rolled out in several major towns and cities. They offer a convenient and more environmentally responsible way for people to commute, as well as providing a fun recreational activity. Unfortunately, if you were involved in an E-Scooter accident, you know all too well the damage they can cause if they are not used safely. Reaching an average speed of 15 mph in urban settings, a collision has the potential to cause serious injury and, in some instances, a fatality.
If you have been injured in an accident with an E-Scooter and you don’t think it was your fault, you might be able to claim compensation. In this guide, we will look at which laws apply to E-Scooters, what evidence you may need to support your claim and perhaps most importantly, how damages for these types of accidents are calculated.
Our guide also explains how eligible personal injury claims can be brought under a No Win No Fee agreement, meaning that you can attempt to claim compensation without the fear of an upfront legal bill.
If you were injured by an E-Scooter through no fault of your own, discover how one of our panel of solicitors could help you by:
- Asking our live discussion forum a question bottom right.
- Ringing us on 0800 408 7825
- Using the Contact Us option for immediate free help.
Jump To A Section
- Can I Use An E-Scooter?
- What Is An E-Scooter Accident Claim?
- Could I Make An E-Scooter Accident Claim?
- What Evidence Could Help Me Claim For E-Scooter Accidents?
- How Much Compensation When Claiming For An E-Scooter Accident?
- Why Use A No Win No Fee Solicitor When Claiming For Accidents Involving E-Scooters?
- Learn More About Road Traffic Accident Claims
Can I Use An E-Scooter?
The Government provides detailed guidance on who can use the E-Scooters included in their pilot scheme and how they should be ridden:
- Riders must have a Category Q Entitlement on their driving licences to use an E-Scooter. A full provisional licence qualifies for use. A full, valid EU license is required for international users.
- The rental operator is responsible for insurance.
- Riders should wear a helmet (but it is not a legal requirement).
- Light-coloured or reflective attire is also recommended.
- E-Scooters can be ridden on the road and in cycle lanes but not on motorways.
- However, E-Scooters cannot be used on the pavements.
- They should be used within the designated local area hosting the trial.
In addition, E-Scooters should be ridden by only one person at a time and not used to tow anything. Mobile phone use is forbidden while using an E-Scooter, and handbags or small items should be safely stowed, not hung over the handlebars. Rules regarding intoxication and careless or dangerous use apply to E-Scooter users as they do to all road users.
What Is An E Scooter Accident Claim?
The duty of care that applies to road users means that everyone needs to navigate the roads and operate their vehicles in a way that reduces the risk of harm to themselves and everyone else. To comply fully with this duty, road users need to adhere to the Road Traffic Act 1988 and the rules outlined in the Highway Code.
If you can show that the actions of a third party have failed to meet the standards required of them and that this caused you an injury, you may be able to claim compensation after an E-Scooter accident.
In summary, third-party negligence can be determined by looking at three main points:
- You were owed a duty of care by a third party.
- They breached this duty.
- As a direct result of the breach, you experienced physical injury, psychological damage or both.
To have a valid claim for personal injury compensation, you will need to be able to demonstrate all three of these points.
How Many Casualties Are Caused By E-Scooter Accidents?
The graph below shows a combined figure of people who were either killed, seriously or slightly harmed in E-Scooter accidents in Great Britain during 2022:
Injuries from collisions involving E-Scooters.
These statistics come from the Government E-Scooter factsheet. They show clearly that the majority of injuries affected the E-Scooter riders themselves. Get in touch if you were harmed and are seeking compensation from the party at fault.
Could I Make An E-Scooter Accident Claim?
To help clarify who could be eligible to start a personal injury claim following an accident involving an E-Scooter, we’ve split potential claims into three categories:
Injured As An E-Scooter Rider
In this instance, a claim could be made against the council or local authority if you hit a pothole (or other unrepaired defect) and were thrown from an E-Scooter. Or, you might have a claim against the E-Scooter company itself if you were injured by a defective or poorly maintained E-Scooter.
In addition to this, you could have a viable claim against another road user if their negligence caused a collision. An example would be when a driver pulled out in front of you and failed to see you. Or if they were speeding above the legal limit and crashed into you as a result.
Injured By An E-Scooter As Another Road User
Here, a claim could apply if you were another road user injured by the E-Scooter. For example, if the E-Scooter rider was negligently using it and collided with a motorcycle or bicycle. An illustrative example is an E-Scooter rider who fails to pay full attention to the road ahead, and as a cyclist stops at the lights, they collide with them. Although the E-Scooter rider is not personally required to have insurance, the cyclist could have a case against the E-Scooter providers.
Injured As A Pedestrian By An E-Scooter
A compensation claim could apply for pedestrians who were hit by an E-Scooter while walking on a pavement, path, or while using a zebra crossing. Again, because of no insurance requirement for the rider, the claim would need to be made against the E-Scooter company and their insurers.
What Evidence Could Help Me Claim For E-Scooter Accidents?
Evidence is a crucial way to support your personal injury claim. It’s important to collect as much proof as possible that shows the other party was responsible for causing your injuries. The following is useful:
- CCTV footage, dashcam video or helmet-camera images that caught the accident.
- The contact details of anyone who witnessed the accident. Should you use a solicitor to handle your claim, they can approach these people for a supporting statement.
- Copies of your medical records. You can request GP notes, hospital admission details and also X-rays, scans and proof of prescribed medications.
- Photos of the injuries you can see and photos of the cause of the accident itself.
- A detailed record of important dates and treatments you need.
- Take note of registration numbers if other vehicles were involved.
How Much Compensation When Claiming For An E-Scooter Accident?
The compensation amount in a successful claim can be made up of two heads of loss. General damages compensate for the physical harm and can also include the psychological injury caused by the event. With this in mind, attending an independent medical assessment may be necessary as part of the claims process. A solicitor can help arrange this at a convenient time and place.
The assessment will produce a detailed medical report that those responsible for the calculations can use. In addition, they often consult publications such as the Judicial College Guidelines (JCG). This offers a list of award bracket amounts for a wide range of injuries and degrees of severity.
To help, we’ve compiled an excerpt from the JCG with injuries that might result from an E-Scooter collision:
Compensation Guidelines
INJURY | HOW SEVERE? | AWARD GUIDELINES |
---|---|---|
Multiple Forms of Injury and Significant Financial Losses Including Loss of Earnings. | Severe | Up to £1 million plus. |
Head | (a) Very Severe | £344,150 to £493,000 |
Head | (d) Less Severe | £18,700 to £52,550 |
Neck | (a) Severe (i) | In the area of £181,020 |
Leg | (ii) Very Serious | £66,920 to £109,290 |
Knee | (a) Severe (ii) | £63,610 to £85,100 |
Back | (a) Severe (iii) | £47,320 to £85,100 |
Hand | (f) Severe Fractures to Fingers | Up to £44,840 |
Pelvis/Hips | (b) Moderate (i) | £32,450 to £47,810 |
Psychiatric Harm | (b) Moderately Severe | £23,270 to £66,920 |
Shoulder | (b) Serious | £15,580 to £23,430 |
The figures are suggested amounts only as every compensation claim will differ according to circumstances. Furthermore, the first entry in the table does not come from the JCG.
The second type of loss potentially owed to you is called special damages. These compensate for the financial harm suffered as a consequence of injury. Documented proof should usually be provided, for example:
- Proof that your income suffered because you were absent from work.
- Evidence of medical costs (outside of free NHS treatment) and prescription charges.
- Receipts for amounts paid to anyone who cared for you.
- Proof of travel costs to essential appointments.
Why not take a moment to see how strong your potential E-Scooter accident claim is? Simply call our dedicated team of advisors. You can also contact us online or start the conversation using the live chat option below.
Why Use A No Win No Fee Solicitor When Claiming For Accidents Involving E-Scooters?
Anyone can handle a personal injury claim independently. However, there are many advantages to entrusting it to a skilled and experienced solicitor. Firstly, they can help you to pull together strong evidence and present it in a professional way. In addition to this, they concentrate on getting you the maximum settlement. Allowing you the time and space to concentrate on getting better.
The solicitors on our panel are able to help eligible claimants by using a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Typically, a contract like this means:
- There are no upfront fees to get started.
- No ongoing fees for solicitor’s services apply.
- No fees apply for completed solicitor’s services if the claim fails.
- Successful claims require a ‘success fee’ deduction from the compensation. This is subject to a legislative limit, which ensures that the claimant keeps the majority of the damages.
Working this way with a solicitor from our panel could mean your E-Scooter accident claim might start today. To see if your case is eligible, simply call the advisors on the contact points below to get a free assessment. Or if you just have other questions, feel free to :
- Ask our live discussion forum a question below.
- Ring us on 0800 408 7825
- Or go through our website to Contact Us.
Learn More About Road Traffic Accident Claims
In addition to this guide about E-Scooter accident claims, you might find these other resources from our website useful:
- Read about pedestrian injury compensation claims in this guide.
- We discuss accident claims on a public cycle path in this guide.
- Some road traffic accident FAQS.
External resources to help:
- Some E-Scooter guidance for users from GOV.UK.
- Also, information for local authorities and rental operators hosting E-Scooter schemes.
- A useful guide to check your symptoms from the NHS.
In conclusion, we value your interest in our E-Scooter accident claims guide. For more free information and guidance, contact our advisors using the contact options above.