E-Scooter and E-Bike Injury Liability in Georgia

Electric scooters and bikes have become increasingly popular across the United States in recent years, giving people fast and convenient ways to get around. While e-scooters and e-bikes have many benefits, they can also be very dangerous. Accidents involving e-scooters and e-bikes are on the rise, and because these are relatively new methods of transportation, people have questions about liability.

Have you been hit by someone on an e-scooter or e-bike—or were you hit by someone while riding one? Your next step is to talk to an accident lawyer. Call Harris Lowry Manton to discuss your options.

Common types of e-scooter and e-bike accidents

E-scooter and e-bike accidents happen in a variety of ways, and the details of your accident will play a big role in liability and possibly compensation. Some of the accidents we’ve seen in Atlanta, Savannah, and Athens include:

• Collisions with motor vehicles: Unfortunately, many crashes involve e-scooter or e-bike riders being hit by those operating cars, trucks, and motorcycles. Riders are especially vulnerable in high traffic areas. These riders do not have the same protections that occupants of regular vehicles do, and because they max out at lower speeds, they often bear the brunt of the force in a collision.
• Road hazards: Uneven pavement, potholes, faded lane markings, and other dangers on the road can also be extremely hazardous for riders. These issues may be no more than an annoyance or inconvenience for drivers of motor vehicles, but bikes and scooters are much easier to destabilize.
• Rider mistakes: Some collisions are the result of riders’ errors. Riders who speed, weave behind cars to take advantage of their smaller size, or ride while impaired put themselves and others at an increased
• Riders operating where they should not be: A growing number of accident victims report that e-scooter and e-bike riders put pedestrians in danger by operating on sidewalks and other areas reserved for pedestrians. Regular scooter and bike riders are dangerous enough for pedestrians; e-scooters and e-bikes may be capable of causing even more damage.
• Equipment failures: Faulty brakes, battery malfunctions, and inadequate maintenance can all lead to accidents as well.

Who can be held liable in Georgia e-scooter and e-bike accidents?

Understanding what went wrong during your accident is the first step in determining liability. Depending on what happened, there are multiple parties who may have some or full liability.

The rider

Riders may have some liability in accidents. For example, they may fail to yield, fail to stay in their own lane, run through red lights, or ride against traffic. Those who use these vehicles on the road often forget that they are expected to follow the same rules of the road as drivers. When they violate them, they may be partially liable for accidents.

It’s important to note that even if a rider is partially liable for a crash, they may still be entitled to compensation. Georgia is a modified comparative negligence state—as long as a victim is less than 50% to blame for an accident, they can still be compensated. Their compensation is simply reduced by their percentage of liability.

Motor vehicle drivers

In many cases, motor vehicle drivers are fully or partially responsible for e-scooter and e-bike collisions. They may fail to yield to riders at intersections, cause dooring accidents by opening their door into a lane of traffic, or hit a rider while speeding. When a driver is liable, they don’t typically pay out of pocket—their insurance company absorbs the financial losses of the collision.

Municipalities

When accidents are the result of poorly maintained roads or questionable road design, the municipality responsible for the road in question may have some liability for any crashes that occur as a result of those road defects. Importantly claims against Georgia government entities require timely notices, which can be as short as six months for cities and counties. It’s important to speak to a lawyer right away in such cases.

Rental companies

Many riders don’t have their own e-scooters or e-bikes; they rely on rental services that have popped up in major cities across the country. In such cases, the rental companies are responsible for making sure that their devices are safe. If their devices need maintenance and they do not pull them out of circulation until they are repaired, they may be responsible when renters crash. It’s important to remember that many of these rental services do require riders to sign waivers before they are allowed to rent a device. While waivers do sometimes protect companies legally, they don’t always save them from being held accountable for certain acts of extreme negligence or in other unique circumstances.

Insurance and legal challenges arising from these accidents

One of the biggest challenges in these types of accidents is insurance. In car accidents, liability insurance is fairly clear-cut and easy to navigate. But when the rider of an e-bike or e-scooter is injured, it’s not quite as easy to figure out. Auto policies may not cover the policyholder’s scooter or bike accidents, and if the rider cannot prove another party’s liability, they could be on the hook for their own medical expenses. Rental company policies also play a role, as they often deny compensation to injured victims—even when their own practices led to the accident.

Driver disputes can also muddy the waters in riders’ efforts to be compensated. Drivers may argue that riders were reckless. If they can successfully argue that the rider was 50% or more at fault, they may be able to avoid paying out anything.

Unfortunately, riders often realize after the fact that e-scooter and e-bike accidents are far more complex than those involving standard vehicles. This is why it’s important to consult a personal injury lawyer early in the process. Their analysis of the accident and liability may help you fight for the compensation you deserve.

Explore your legal options with Harris Lowry Manton

If you’ve been injured in an e-scooter or e-bike accident in Georgia, the team at Harris Lowry Manton is here for you. Find out if you have a case during a consultation—call us or contact us online now to get started.