Who is Liable When an E-Scooter Strikes a Pedestrian?

 Posted on August 08, 2025 in Personal Injury

Whether you live in the New York City area or are a resident of Greenwich, CT, you have likely witnessed the increase in e-scooters and e-bikes. From the bustling streets of New York to the quieter upstate communities, these modes of transportation offer a quick and affordable way to get around. They can also pose hazards, particularly to pedestrians. When a person on an electric scooter or bicycle collides with a pedestrian, the injuries can be severe – and the legalities can be complex.

Is the rider personally responsible? Can the scooter company be sued? What role does the city play in these accidents? If you are a pedestrian injured by a person on an electric scooter or bike, talking to an experienced Metro New York Area personal injury attorney can be the best step you can take to protect your rights and your future.

The Evolution of E-Scooters and E-Bikes in New York

In 2020, the state of New York legalized electric scooters and electric bikes. The New York City Department of Transportation (DOT) has implemented a Shared E-Scooter Program in several outer boroughs, excluding Manhattan. The East Bronx was the first area to launch a shared e-scooter pilot program, and now it has e-scooters from Bird, Lime, and Veo throughout the region.

The program was expanded to Eastern Queens in 2024, although there has been some pushback from residents. Regulations for shared e-scooter and e-bike usage include:

• All riders must be at least 18 years old.
• Riding on sidewalks is not permitted.
• E-scooters and e-bikes can be ridden in bike lanes and streets with speed limits of 30 mph or less.
• Scooters and bikes may not be brought on public transit.
• Only one rider per scooter or bike is allowed.
• E-scooter and e-bike riders must yield to pedestrians and cyclists.

Who Is Liable for an E-Scooter or E-Bike Accident with a Pedestrian?

The most common defendant in these pedestrian accidents will usually be the rider of the e-scooter or e-bike, particularly if the rider was speeding, riding recklessly, or ignoring traffic laws. If the rider is on the sidewalk, this is prohibited across New York City, so the rider would be liable for hitting a pedestrian.

The rider’s homeowner or renter’s insurance should cover these accidents. Unfortunately, many people do not carry renters’ insurance, and some people whose homes are paid off do not have homeowner’s insurance. Auto insurance rarely covers e-scooters and e-bikes.

If the accident was the result of a battery issue or scooter malfunction, the company that owns the scooter or bike could be liable. Likewise, if the accident results from poor maintenance or a lack of proper safety warnings, the company may be liable. Although most of these companies require riders to sign a liability waiver, such a waiver may or may not hold up in court.

In certain cases, the city may be at fault for the accident. If the electric scooter or electric bicycle accident is clearly the result of poor infrastructure, lack of signage, unsafe street design, or inadequate regulation or oversight of scooter deployment, then a municipality may be sued. This requires a notice of claim and has a 90-day deadline and immunity limits, so a skilled personal injury attorney is definitely a necessity.

What You Should Do if You Are Hit by an E-Scooter or E-Bike

A pedestrian involved in an accident with an e-scooter or e-bike should call 911 and get immediate medical attention. Collect witness statements, take photos, and get contact information from the rider. Report the incident to the police and the scooter company, and contact a personal injury attorney.

Contact a Greenwich, CT Personal Injury Lawyer

If you sustained injuries after being hit by an e-bike or e-scooter, it is in your best interests to speak to a Metro New York Area personal injury attorney from Ivey, Barnum & O'Mara, LLC. Our attorneys are actively involved in civic and charitable organizations and have held numerous positions, including in the Connecticut Bar Association, serving in the U.S. Congress and Senate, as a Probate Judge, and as First Selectman of the Town of Greenwich. Call 203-661-6000 to schedule your free consultation.