Electric scooters raise two different questions: who pays when the rider is hurt, and who pays when the rider hurts someone else. Both questions fall within our pedestrian and bicycle accident practice. The starting point is the same for everyone: a person is responsible for injuries caused by a lack of ordinary care (Civil Code 1714(a)). The scooter rules in the Vehicle Code then help show who was careless.
First, make sure the device really is a scooter in the legal sense. A "motorized scooter" is a two-wheeled device with handlebars and either a floorboard to stand on or a seat and footrests, powered by a motor (Vehicle Code 407.5(a)). Mopeds, motorcycles and electric bicycles are not motorized scooters and follow other rules; e-bikes are covered in our guide on e-bike class, age and helmet rules.
How does a scooter injury claim work, step by step?
- Get care and report it. A crash with a car is reported like any traffic collision; a sidewalk collision with a rider can be reported to the local police.
- Identify everyone involved. The driver, the rider, the owner of the scooter, and for a rented scooter, the sharing company and the app account used.
- Preserve the scooter and the data. Photograph the scooter, its ID number and its brakes, and save the app's ride receipt, which shows the time and route.
- Compare each person's conduct with the rules. The rider's duties are listed below; drivers follow the ordinary rules of the road.
- Find the insurance. A driver's auto policy, the sharing company's required coverage, and your own policies may each play a part.
- Divide responsibility. If more than one person was at fault, a jury assigns percentages, and an injured person's damages are reduced by their own share (CACI 405 and 406).
- Meet the deadlines. Two years against a private person or company (Code of Civil Procedure 335.1), and six months for a claim against a city, a county or the State (Government Code 911.2).
What rules does a scooter rider have to follow?
| Rule | What it says | Source |
|---|---|---|
| Rights and duties | A rider on a highway has the rights and duties of a driver, including the rules against riding under the influence | Vehicle Code 21221 |
| Speed | No faster than 15 mph, on any road or bikeway | Vehicle Code 22411 and 21235(b) |
| Which roads | Not on a road with a limit over 25 mph unless in a Class II or Class IV bikeway; a local authority may allow it on roads up to 35 mph | Vehicle Code 21235(b) |
| Helmet | Required for riders under 18 | Vehicle Code 21235(c) |
| License | A valid driver's license or instruction permit is required | Vehicle Code 21235(d) |
| Passengers and packages | No passengers; nothing that keeps at least one hand off the handlebars | Vehicle Code 21235(e) and (f) |
| Sidewalks | No riding on a sidewalk except to enter or leave adjacent property; no leaving or parking a scooter so it blocks the walkway | Vehicle Code 21235(g) and (i) |
| Lane position | Ride in the bike lane where there is one; otherwise as close as practicable to the right edge when slower than traffic | Vehicle Code 21229 and 21228 |
| Left turns | Stop and dismount at the right edge, and cross on foot as a pedestrian | Vehicle Code 21228(b) and 21229(a)(2) |
| Brakes | A brake that can make a braked wheel skid on dry, level pavement | Vehicle Code 21235(a) |
| Under the influence | Unlawful; a fine of up to $250 | Vehicle Code 21221.5 |
Scooters may use bike paths, trails and bikeways unless the local authority bars them there by ordinance (Vehicle Code 21230), and cities and counties may regulate scooter parking and operation on local streets and facilities (Vehicle Code 21225). Local rules can therefore add to this list.
I was riding a scooter and a car hit me: who pays?
The driver who caused the crash is responsible, and the driver's liability insurance is the first place to look. Because a scooter rider has the rights of a driver on the road (Vehicle Code 21221), a driver turning across a rider, pulling out of a driveway, or opening a door into the bike lane is judged by the same rules that protect any vehicle in its lane. Our guide on who is at fault when a car hits a cyclist walks through the turning, bike lane and door rules in detail.
The rider's own conduct can reduce the recovery. If the other side proves the rider was negligent, for example riding at 20 mph or on a 40 mph road without a bikeway, and that this helped cause the harm, the rider's damages are reduced by the rider's percentage (CACI 405). A violated safety statute can lead the jury to presume negligence on either side, unless the violation is excused (CACI 418). It does not end the claim.
If the driver had no insurance or too little, your own auto policy may help even though you were on a scooter; see how uninsured and underinsured motorist coverage works.
A scooter rider hit me while I was walking: who is responsible?
The rider is responsible for injuries caused by careless riding (Civil Code 1714(a)). Riding on a sidewalk, except to get in or out of adjacent property, breaks Vehicle Code 21235(g), and that violation can support a presumption of negligence if it helped cause the collision (CACI 418). A scooter left lying across a sidewalk so there is not an adequate path for people walking also breaks the rules (Vehicle Code 21235(i)), which can matter in a trip and fall.
Collecting is the harder question. A person riding a privately owned motorized scooter is not subject to the Vehicle Code's financial responsibility rules, and a scooter is not a motor vehicle for that purpose (Vehicle Code 21224(a)), so there may be no auto policy. Scooter makers must even warn buyers in writing that their existing insurance may not cover scooter accidents (Vehicle Code 407.5(c)). A rented scooter is different, as the next section explains.
What does a scooter sharing company have to carry?
For app-based rentals, state law sets a floor. Before putting shared scooters or bikes on the street, a sharing company must have an agreement or permit from the city or county, and that agreement or permit must require commercial general liability insurance of at least $1,000,000 per occurrence and $5,000,000 in total for the policy period. That insurance may not exclude injuries the company causes to its own riders (Civil Code 2505(b)(1)).
Since July 1, 2023, the agreement or permit must also require the company to offer or confirm coverage of $10,000 per occurrence for a pedestrian injured or killed through a rider's negligence, plus $1,000 for damage to an assistive device such as a wheelchair. If a rider gets on a scooter without that coverage, the company must provide it (Civil Code 2505(b)(2)). The company may ask riders to agree to cover their own share of liability, but it may not make riders cover the company's own negligence, and those rules cannot be waived by contract (Civil Code 2505(b)(3)). Each city or county that allows shared scooters must also adopt rules for their operation, parking and maintenance (Civil Code 2505(c)).
What if the scooter itself failed?
A brake that would not stop the scooter, a stem that snapped, or a battery fire can point past the rider to the scooter's maker, seller or, for a rented scooter, the company that maintained it. Our defective products page explains the kinds of product claims. For a scooter bought at a store or online, our guide on suing the store or seller of a defective product covers who besides the maker may answer for it.
Keep the scooter exactly as it is. A product claim can depend on an expert's inspection of the failed part, and a repaired or recycled scooter cannot be inspected.
What if a pothole or broken pavement threw me?
A public entity can be responsible for injuries caused by a dangerous condition of its property if it created the condition or had notice of it in time to protect against it (Government Code 835). A written claim must be presented within six months (Government Code 911.2). Our guide on road defect crashes in Sonoma County explains how that claim works for anyone on two wheels. The filing steps are in how to file an injury claim against a city, county or the State.
What changes the answer?
The rider was under 18. Riders under 18 must wear a helmet (Vehicle Code 21235(c)), and every rider needs a license or permit (Vehicle Code 21235(d)). A child is held to the care of a reasonably careful child of the same age and experience (CACI 402); see injury claims for children.
The rider had been drinking. Riding a scooter under the influence is unlawful (Vehicle Code 21221.5), and the violation can be strong evidence of negligence if it helped cause the crash (CACI 418).
The scooter was rented through an app. The sharing company's required coverage may apply (Civil Code 2505), and the city's permit terms may set its parking and maintenance duties.
The scooter was ridden where it was not allowed. A road over 25 mph without a bikeway, a sidewalk, or a path closed by local ordinance can each support a fault argument (Vehicle Code 21235 and 21230).
A road defect played a part. The six-month claim deadline applies to the public entity's share (Government Code 911.2), even while the claim against a driver or rider follows the two-year rule.
What could this look like? An example
For example, imagine a woman walking on a downtown sidewalk in a Sonoma County city that permits shared scooters. A rider on a rented scooter comes up behind her on the sidewalk at speed and knocks her down, and she breaks her hip.
The rider was on the sidewalk without a reason allowed by Vehicle Code 21235(g), which supports a finding of negligence if it helped cause the fall (CACI 418). The rider has no insurance of his own, so the coverage the sharing company had to offer or provide for pedestrians comes into play (Civil Code 2505(b)(2)). If her injuries exceed that coverage, the rider remains personally responsible for the rest. She has two years to sue the rider (Code of Civil Procedure 335.1). This example is made up to show how the rules fit together; it says nothing about any real case.
What mistakes do people make after a scooter crash?
- Letting a rented scooter be collected before photographing it, its ID number and its brakes.
- Not saving the app's ride receipt, account email and any in-app incident report.
- Assuming a rider who hit them has auto insurance that covers it.
- Treating a scooter crash like an e-bike crash, when the rules differ.
- Waiting on the sharing company's response while the six-month public claim deadline runs.
- Agreeing in writing that the crash was their own fault before the facts are known.
What should I do this week?
- Get medical care and keep every record and bill.
- Photograph the scene, the scooter, the sidewalk or lane, and your injuries.
- Get the names and contact details of the rider, any driver and any witnesses.
- For a rented scooter, write down the company, the scooter number and the time, and report the crash in the app.
- Request the police report if officers came.
- Check the deadlines; see California personal injury deadlines.
If the crash happened in Sonoma County, the offices that handle reports, claims and lawsuits are on our page about injury cases in Sonoma County.
Frequently asked questions
Can I ride an electric scooter on the sidewalk in California?
No, except as needed to enter or leave adjacent property (Vehicle Code 21235(g)). Local rules can add more limits.
Do scooter riders need a driver's license?
Yes. Operating a motorized scooter requires a valid driver's license or instruction permit (Vehicle Code 21235(d)).
Can a scooter rider who was not wearing a helmet still recover?
Yes. The helmet rule covers riders under 18 (Vehicle Code 21235(c)). A missing helmet may come up in arguments about a head injury, but comparative fault reduces a recovery rather than barring it (CACI 405).
Does the scooter company's insurance cover the rider's own injuries?
The required general liability insurance may not exclude injuries the company causes to its riders (Civil Code 2505(b)(1)). Injuries caused only by the rider's own mistakes are a different matter.
How fast can an electric scooter legally go?
No faster than 15 miles per hour, on any road (Vehicle Code 22411).
Who do I sue if a parked scooter tripped me?
A scooter left blocking the walkway breaks Vehicle Code 21235(i). The rider who left it, and for a shared scooter the company and the city's parking rules, may all be part of the answer.
If you were hurt on an e-scooter or hit by one, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.
Sources
- Vehicle Code section 407.5 (motorized scooter defined; insurance disclosure)
- Vehicle Code section 21221 (scooter riders have a driver's rights and duties)
- Vehicle Code section 21235 (what a scooter rider may not do)
- Vehicle Code section 22411 (15 mph limit for motorized scooters)
- Vehicle Code section 21228 (scooter lane position and left turns)
- Vehicle Code section 21229 (scooters in bike lanes)
- Vehicle Code section 21230 (scooters on bike paths and trails)
- Vehicle Code section 21225 (local regulation of scooters)
- Vehicle Code section 21224 (scooters and financial responsibility)
- Vehicle Code section 21221.5 (riding a scooter under the influence)
- Civil Code section 1714 (duty of ordinary care)
- Civil Code section 2505 (shared mobility devices: permits and insurance)
- Government Code section 835 (dangerous condition of public property)
- Government Code section 911.2 (six-month claim to a public entity)
- Code of Civil Procedure section 335.1 (two years for an injury)
- Judicial Council of California: Civil Jury Instructions (CACI), 2026 edition: instructions 402, 405, 406 and 418
