e-Scooter Injuries

Most metropolitan cities including but not limited to Jacksonville, Daytona Beach, Tampa, Orlando, and Miami have e-scooters for rent and use in Downtown and other areas for residents and visitors. Unfortunately, what starts out as a bright sunny and fun day can turn ugly in the form of serious personal injuries sustained by the e-scooter rider. In many of these instances, there is a legal cause of action to pursue on behalf of the injured e-scooter rider.

An e-scooter is merely an abbreviation for an electric scooter. The e-scooter is powered by an electric motor and typically does not have a seat. The rider stands and steers the e-scooter during operation. Most e-scooters are designed for one person use and do not have pedals.

Pursuant to Section 316.004 (41), Florida Statutes, a micromobility device is defined as any motorized transportation device that is available for use (rental) by making a reservation for use by software, application, or website. The statute further defines a micromobility device as one in which the device is not capable of speeds in excess of 20 miles per hour on level ground. In most instances, an e-scooter would meet the definition of a micromobility device; however, the word "e-scooter" is not specifically mentioned or listed in the definition section of this statute.

Pursuant to Section 316.004 (48), Florida Statutes, a motorized scooter is defined as a vehicle or micromobility device which can or cannot have a saddle or seat. A motorized scooter, per this definition, cannot have more than 3 wheels and also cannot have a speed capability in excess of 20 miles per hour on level ground. Again, the word "e-scooter" is not specifically mentioned or listed in the definition of this statute. However, it appears that an e-scooter would qualify as a motorized scooter.

Section 316.2128, Micromobility Devices, Motorized Scooters, and Miniature Motorcycles, Florida Statutes, sets out some very general guidelines and laws for the use, operation, and rental of e-scooters in the State of Florida. This statute states that the operation of a micomobility device or motorized scooter (i.e. e-scooter) is governed by the applicable laws in place for the rider of a bicycle in the State of Florida. It should be noted that local governments have the ability to pass laws, ordinances, and regulations for the use of e-scooters on sidewalks, streets, and other areas within the local government's boundaries. As such, the laws applicable to e-scooter are often governed by both statewide statutes and local ordinances and regulations.

Under the applicable Florida Statute (Section 3156.2128), there is no statewide requirement for insurance or registration to be in place for an e-scooter in a similar manner to Florida motor vehicles. Again, as noted above, there may be local ordinances that come into play as to applicable insurance for an e-scooter.

Since the use and operation of an e-scooter are tied to the applicable laws in place for Florida bicyclists, a person injured while using an e-scooter can pursue a case or cause of action if the incident and injuries resulted from the negligence of the e-scooter rental provider, the city / town due to issues with street or sidewalk, a driver who fails to yield to right of way or other wise drives in a careless manner, a business that leaves hazards in the path of an e-scooter, and others. It should be noted that just because there is an incident or injury does not mean that there is always a legal case or claim to pursue. There are some inherent risks of riding or operating an e-scooter and the e-scooter rental service is not always liable for operator or rider error. The experience or inexperience of the e-scooter rider or operator may come into play as a factor; however, inexperience by itself does not rise to the level of legal responsibility for the e-scooter provider.

The payment or responsibility for medical bills will depend on the facts and circumstances of the particular case or incident. Here are the potential sources of payment for medical bills resulting from a Jacksonville e-scooter accident:

Health Insurance of the e-Scooter Rider / Operator. The health insurance of the e-scooter rider / operator may come into play. The health insurance carrier may delay payment of benefits pending the provision of additional information to determine if any other applicable insurance policies will or could provide payment for medical bills.

Medical Payment Coverage for e-Scooter Provider. If the provider of the e-scooter happens to provide for what is referred to as Medical Payment coverage, this could provide a source of payment for medical bills. As noted in the above Florida Statutes, there is no statewide requirement for insurance of an e-scooter; however, there may be a local ordinance that requires coverage OR there may be coverage put in place by the e-scooter provider.

PIP (Personal Injury Protection Coverage). There may be coverage under the injured person's automobile insurance policy in the form of PIP (Personal Injury Protection) benefits. It should be noted that e-scooters are a relatively new mode of transportation and recreation. The bicycle, however, has been in place for 200 years. As such, the applicable laws and cases for bicyclists that form precedent in Florida can provide guidance for accidents / incidents involving an e-scooter. When there is a bicycle accident, the injured cyclist may end up getting PIP benefits if the accident involved a motor vehicle.

Liability Insurance. The at-fault party or entity may carry liability insurance which may end up covering medical bills related to a Jacksonville e-scooter accident. In most cases, the liability insurance carrier will not pay medical bills on a piece meal basis. In other words, if the liability insurance carrier ends up making a payment - it would be in the form of a lump sum payment when (and if) there is a settlement of the case.

Letter of Protection / Wait to Get Paid Basis. It should also be noted that some medical providers in the community will provide medical care to an e-scooter injury victim on a Letter of Protection / Wait to Get Paid Basis. The provision of care under this option will depend on the facts, circumstances, and other coverages in place especially liability insurance.

When a person suffers an injury as a result of an e-scooter accident, it is important to hire an experienced personal injury attorney who can advise you of your rights, guide you through the process, and make sure that your case / claim is pursued to its rightful conclusion.

Personal injury attorney David Alan Wolf has over 33 years of experience in handling personal injury cases. Based in Jacksonville, Flagler Beach, and Mount Dora, David Alan Wolf firmly believes in Giving a Voice to Injury Victims and Their Families. With David Alan Wolf, you get an attorney who will know you and your case. With David Alan Wolf, you get him and . . . he gets you. It is important to retain a Jacksonville e-scooter injury attorney with a strong work ethic, availability, and accessibility. It is also important to get an attorney with a drive and passion for what is right and what is just. Contact David Alan Wolf for a Free Consultation.