By Jonathan M. Ashton, Partner
Gallon, Takacs & Boissoneault Co., L.P.A.
E-bikes and electric scooters are popular for a reason. They are an easy, affordable, and often fun way to get from point A to point B. You can use one to get across town, commute to work, run a quick errand, or simply enjoy being outside without getting in the car.
But when a ride ends in an accident, things can get complicated quickly.
One of the first questions people have is often, “Was this my fault because I was the one riding the e-bike or scooter?”
Not necessarily.
“In an e-bike or scooter case, identifying the responsible party may require looking beyond the person who was operating the device.”
A driver may have caused the crash. The device itself may have failed. A rental company may not have properly maintained it. A dangerous road or property condition may have contributed. In some cases, more than one person or company may share responsibility.
If a car or truck hits an e-bike or scooter rider, we look closely at what the driver was doing before the collision. Did the driver fail to yield? Turn into the rider’s path? Run a traffic signal? Speed? Look at a phone instead of the road?
The key question is not simply who was riding what.
It is: Who or what caused the accident?
Answering that question means looking at what happened, where the crash occurred, the type of device involved, the actions of everyone involved, and whether Ohio or Michigan law applies.
Who Can Be Responsible for an E-Bike or Electric Scooter Accident?
An e-bike or scooter rider is not automatically at fault just because they were riding the smaller vehicle.
If a car or truck hits an e-bike or scooter rider, the driver may be responsible when careless driving caused the crash. That can include failing to yield, turning across the rider’s path, running a traffic signal, speeding, driving distracted, following too closely, or opening a vehicle door into the rider’s path.
The key question is simple: What caused the crash?
Sometimes the driver caused it. Sometimes the rider contributed. In other cases, a defective device, rental company, property owner, contractor, or another party played a role.
More than one person or company can also share responsibility.
Do not assume fault based only on who was in the car and who was riding the e-bike or scooter. The facts and evidence determine responsibility.
Can an E-Bike or Scooter Rider Be Partly at Fault?
Yes. A rider can contribute to an accident, just like a driver, bicyclist, pedestrian, or motorcyclist can.
The facts determine how much responsibility each person carries. Did the rider obey the traffic signal? Yield when required? Ride where the law allowed? Follow the rules that applied to that e-bike or scooter?
Even if the rider made a mistake, that does not automatically eliminate an injury claim.
Ohio and Michigan both use comparative fault rules, but they handle them differently.
In Ohio, an injured person can generally recover damages as long as their share of fault does not exceed 50 percent. The court or insurer reduces the recovery by that percentage. Ohio Revised Code §2315.33 addresses this rule.
Michigan also reduces damages based on the injured person’s percentage of fault. If the injured person carries more fault than all other responsible parties combined, Michigan law generally bars noneconomic damages. Economic damages are still reduced by the person’s percentage of fault. See MCL 600.2959.
So if an insurance company says you were partly at fault, that does not automatically end your claim. The percentage of fault matters, and the evidence must show what each person did before the crash.
Are E-Bikes and Electric Scooters Treated the Same Under the Law?
Not always, and this is one of the more important issues in these cases.
People commonly use terms such as e-bike, electric scooter, motorized scooter and moped interchangeably. Legally, however, the device’s design, motor, speed, pedals, and other characteristics may determine which laws apply.
How Does Ohio Law Treat E-Bikes?
Ohio recognizes three classes of electric bicycles.
A Class 1 e-bike assists only while the rider pedals and stops assisting at 20 mph. A Class 2 e-bike can provide motor assistance without pedaling and also stops assisting at 20 mph. A Class 3 e-bike assists while the rider pedals and can continue up to 28 mph.
Ohio applies many of the same traffic rules to bicycles and e-bikes when riders use highways or bicycle paths. The state also sets separate rules for where each class of e-bike can operate.
What About Electric Scooters in Ohio?
Ohio also recognizes what the law calls a low-speed micromobility device. Many stand-up electric scooters fall into this category.
Ohio generally defines these devices as weighing less than 100 pounds, having handlebars, using electric or human power, and traveling no faster than 20 mph under the conditions described in the statute.
Ohio sets specific rules for where people can ride these devices and how they must operate them. Riders must follow applicable traffic laws, yield to pedestrians, and meet other requirements. Local governments can also restrict or prohibit their use in certain areas.
If you were injured in a scooter accident, the exact location of the crash can matter. Local rules may also affect which laws applied at the time.
How Does Michigan Treat E-Bikes and Electric Scooters?
Michigan also recognizes Class 1, Class 2, and Class 3 electric bicycles.
Michigan defines an electric bicycle as having operable pedals and an electric motor of no more than 750 watts. Class 1 and Class 2 e-bikes generally have a 20 mph assisted-speed limit, while Class 3 assistance extends to 28 mph.
Michigan law generally gives people riding bicycles and e-bikes on the roadway the rights and duties that apply to other vehicle operators, except where a rule does not logically apply or another specific rule controls.
Electric scooters create a different issue.
Michigan’s Vehicle Code uses the term “electric skateboard” for a category that can include some devices most people would describe as stand-up electric scooters. The statutory definition specifically allows such a device to have handlebars. Michigan then establishes rules governing where these devices can be operated and how fast they may travel.
That terminology can sound strange to someone who was clearly riding what they consider a scooter. But legally, the device’s classification can affect which rules apply.
Why Does the Type of Device Matter After an Accident?
Because the classification may help determine where the rider was legally permitted to be, what traffic rules applied, whether a speed restriction was involved, and whether a state or local regulation affected how the device could be operated.
It may also become important when an insurance company tries to determine which policy applies.
The name printed on a rental app or product box does not necessarily settle those questions. In some cases, the actual specifications of the device need to be examined.
What If a Car or Truck Hit You While You Were Riding?
What If a Rental or Shared Scooter Was Involved?
A rental e-bike or scooter accident can involve evidence that you would not have in a typical bicycle crash.
The rental company may track which device you used, when you activated it, where your ride began, how long you used it, and whether anyone had already reported a problem with that scooter or e-bike.
If the brakes, throttle, tires, steering, or another part failed, maintenance and repair records can help show whether the company knew about the problem or should have addressed it.
If you were injured on a rental e-bike or scooter, save your rental receipt, confirmation emails, app screenshots, trip details, and the device identification number.
Act quickly. Rental companies may not keep every electronic record forever, and the device could return to service before anyone inspects it.
What If the E-Bike or Scooter Malfunctioned?
Not every e-bike or electric scooter accident involves another driver.
Sometimes the device itself fails. The brakes may stop working. The throttle may stick. A tire or wheel may fail. An electrical problem may cause the device to accelerate, lose power, or behave unpredictably. A battery may overheat or malfunction.
When that happens, the claim may involve product liability or negligent maintenance. The manufacturer, distributor, rental company, repair company, or another business may share responsibility depending on what failed and why.
If you think the e-bike or scooter malfunctioned, preserve it.
Do not throw it away, repair it, modify it, or take it apart. The device itself may provide some of the strongest evidence of what caused the accident.
What If a Pothole or Dangerous Property Condition Caused the Accident?
What Evidence Should You Save After an E-Bike or Scooter Accident?
Evidence can disappear surprisingly quickly.
A business may erase surveillance footage. Road construction may move to another location. A rental scooter may be picked up and placed back into service. Witnesses may become harder to locate.
If possible, preserve:
- Photos and video of the accident scene, roadway and surrounding area
- Photos of the e-bike, scooter and any vehicle involved
- The police or incident report
- Names and contact information for witnesses
- Rental-app information, receipts and screenshots
- The device’s identification or serial number
- Dashcam, traffic-camera or surveillance footage
- Your damaged helmet, clothing and other equipment
- Medical records related to your injuries
You may not know which piece of information will ultimately become important. Preserving it early allows you and your attorney to make that determination later.
Does Insurance Cover an E-Bike or Electric Scooter Accident?
Yes, insurance may cover an e-bike or electric scooter accident, especially when a car or truck caused the crash. The coverage that applies depends on how the accident happened, who was responsible, where the crash occurred, and whether Ohio or Michigan law applies.
Insurance After an E-Bike or Scooter Accident in Ohio
If a driver causes an e-bike or electric scooter accident in Ohio, the driver’s bodily injury liability insurance may help pay for medical expenses, lost income, pain and suffering, and other losses from the crash.
If the driver has no insurance or does not carry enough coverage, the injured rider may also be able to turn to uninsured or underinsured motorist coverage under an applicable auto policy. Ohio allows insurers to offer this coverage, but they do not have to include it automatically.
If someone other than a driver caused the accident, a different insurance policy may apply. A rental company’s commercial policy may provide coverage if poor maintenance caused the crash. A property owner’s liability insurance may come into play if a dangerous condition caused the rider to fall.
Insurance After an E-Bike or Scooter Accident in Michigan
Michigan works differently because it uses a no-fault automobile insurance system.
PIP may not be the only source of recovery. If a driver caused the crash, the injured rider may also have a claim against that driver for damages allowed under Michigan law.
If no motor vehicle was involved, Michigan no-fault coverage may not apply. For example, if a scooter malfunctioned or a dangerous property condition caused the crash, coverage from a manufacturer, rental company, property owner, contractor, or another responsible party may matter instead.
The goal is to identify what caused the accident and every insurance policy that could apply. Do not assume there is no coverage simply because you were riding an e-bike or electric scooter instead of sitting inside a car.
What Should You Do After an E-Bike or Scooter Accident?
Your health should come first. If you are injured, get appropriate medical care and do not assume that pain or other symptoms will simply go away.
Report the accident when appropriate and obtain the police or incident-report number. If you are physically able to do so, photograph the scene, the device, any vehicles involved, and the surrounding conditions.
Try to identify witnesses before everyone leaves the area. If the accident involved a rental device, save the information from the app and anything identifying the particular scooter or e-bike you were using.
If there is any possibility that the device malfunctioned, preserve it rather than repairing or discarding it.
You should also be cautious about assuming an insurance company’s first explanation of the accident is the final answer. An adjuster may reach an early conclusion about fault before important evidence has been gathered.
When Should You Talk to an E-Bike or Electric Scooter Accident Lawyer?
Not every e-bike fall or minor scooter accident requires an attorney.
But you should consider speaking with a lawyer if you suffered a serious injury, a car or truck hit you, someone is blaming you for the crash, you were riding a rental device, the e-bike or scooter malfunctioned, or a dangerous road or property condition caused the accident.
These cases can involve several areas of law at the same time, including traffic laws, insurance coverage, comparative fault, product liability, premises liability, and local regulations.
A lawyer can help determine what happened, why it happened, who may be responsible, what insurance may apply, and what evidence can support your claim.
Frequently Asked Questions About E-Bike and Electric Scooter Accidents
Who is liable if a car hits me while I am riding an e-bike?
If a driver’s negligence caused the collision, the driver may be responsible for the injuries and damages that resulted. However, the actions of everyone involved and the traffic laws that applied will need to be considered.
Can I have a claim after an electric scooter accident?
Possibly. Depending on what caused the accident, a driver, rental company, manufacturer, repair provider, property owner or another party may be responsible. The fact that you were riding a scooter does not automatically mean the accident was your fault.
Can I have a claim if my e-bike or scooter broke or malfunctioned?
Yes, depending on the circumstances. A defective product, failed component, improper repair or lack of maintenance could potentially lead to a claim against a manufacturer or another responsible company. The device should be preserved whenever possible.
Are e-bike laws the same in Ohio and Michigan?
No. Both states recognize Class 1, Class 2, and Class 3 electric bicycles, but their laws are not identical. Ohio and Michigan also classify and regulate some electric scooters differently. Where the accident occurred and the type of device involved can affect which rules apply.
What if I was partly responsible for the accident?
You may still have a claim. Both Ohio and Michigan use comparative-fault laws, but they affect compensation differently. Your percentage of responsibility can reduce what you recover and, in some situations, affect whether certain damages can be recovered at all.
Does auto insurance cover someone injured while riding an e-bike or scooter?
It may, particularly when a motor vehicle caused or was involved in the accident. Other insurance may also apply depending on the facts. Coverage should be evaluated based on the specific accident and policies involved rather than assuming there is no coverage because the injured person was riding an e-bike or scooter.
How quickly should an e-bike or scooter accident be investigated?
As soon as reasonably possible when the injuries are serious or responsibility is disputed. Surveillance video, witnesses, rental information, digital records, and the condition of the device can all change or disappear over time.
Injured in an E-Bike or Electric Scooter Accident in Ohio or Michigan?
E-bike and electric scooter accidents are becoming more common, but the legal questions surrounding them are not always straightforward.
A driver may have caused the crash. A defective part may have failed. A rental company may have important maintenance or electronic records. A dangerous roadway may have contributed. There may also be more than one insurance policy or responsible party that needs to be considered.
At Gallon, Takacs & Boissoneault, our personal injury attorneys represent injured people and families throughout Northwest Ohio and Southeast Michigan. For more than 70 years, our firm has helped people after serious accidents understand their rights and determine what options may be available.
If you or someone you love was injured in an e-bike or electric scooter accident, call 419-843-6663 for a free consultation or contact us online.
Call Us. We Can Help! 419-843-6663
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
