New shared electric scooter trend and issues on liability for scooter injuries
For those living in Indianapolis or Chicago, shared electric scooters are a current transportation trend – one that is expanding to other communities in Indiana and Illinois as ride-sharing companies like Lime and Bird work to provide shared electric scooters along more and more city streets.
These electric scooters are controversial because of safety concerns. People get hurt riding them. People are hurt by inexperienced or inept electric scooter operators, too.
Localities like Indianapolis have taken steps to regulate electric scooters through municipal ordinances. These have not proven effective. See, “Electric scooters back in Indianapolis,” written by Matt McKinney and published by RTV6:TheIndyChannel on September 4, 2018.
Other cities, like Chicago, are not allowing these scooter-sharing companies to operate within their jurisdiction until a variety of safety concerns are addressed. See, “Electric scooters wait for permission to take off in Chicago,” written by Mary Wisniewski and published by the Chicago Tribune on November 7, 2018.
Accordingly, in both Indiana and Illinois statehouses, there are new laws being considered that will regulate the booming shared electric scooter industry state-wide.
If passed, this new legislation will have a tremendous impact on claims and demands for bodily injury damages resulting from electric scooter-related accidents in Indiana and Illinois.
Consider the following pending legislation being considered now in both Indiana and Illinois:
Proposed Indiana Electric Scooter Law
Right now, Indiana lawmakers are considering House Bill 1649 which was introduced by Representative Sean Eberhart as a new statute that would define and regulate electric scooters in the State of Indiana.
Read the proposed Indiana Electric Scooter Law, HB 1649, here.
It defines an electric scooter as a device:
- weighing not more than one hundred (100) pounds;
- designed to travel on not more than three (3) wheels in contact with the ground;
- with handlebars and a floorboard that the rider uses to stand on the device during operation; and
- powered by an electric motor that is capable of powering the device with or without human propulsion at a speed not more than twenty (20) miles per hour on a paved level surface.
- The term does not include a motor driven cycle, motor vehicle, or motorcycle.
Among its key provisions:
- The new Indiana electric scooter law will specify that an electric scooter is not to be considered a “motor vehicle” as that term is defined in IC 9-21 and IC 9-32.
- Hoosiers riding an electric foot scooter will have “all rights and duties that apply to a person operating a bicycle.”
- In Indiana, electric foot scooters will have to have specific equipment, such as lamps on the front and rear if they are to be ridden on an Indiana highway.
- There will be situations where it will be legal to park an electric scooter on a sidewalk.
- Local authorities are given the power to regulate where electric scooters can be stood or parked within their jurisdiction and where the scooters can be operated insofar as private roads and highways are under the authority’s jurisdiction.
The Indiana bill removes the scooter from being considered a motor vehicle both in its operation and arguably, in how it is treated in negligence and product liability claims.
The Hoosier bill suggests that scooter claims will advance under analogies to current bicycle accident claim precedent.
Proposed Illinois Electric Scooter Law
Illinois is also considering new legislation that will regulate electric scooters. Representative Marcus C. Evans, Jr. has introduced HB1590 as an amendment of the Illinois Vehicle Code.
Read the proposed Illinois Electric Scooter Law, HB1590, here.
The new Illinois law will define “low-speed electronic scooter” as:
- A device weighing less than 100 pounds, with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding;
- that is solely powered by an electric motor and human power; and
- whose maximum speed, with or without human propulsion on a paved level surface, is no more than 20 miles per hour.
- “Low-speed electric scooter” does not include a moped, motor-driven cycle, motor vehicle, or vehicle.
Among its key provisions:
- The new Illinois electric scooter law will require operators to be at least 16 years old;
- Illinois electric scooter operators will have to have a valid driver’s license, instruction permit, or State identification card;
- Once effective, the Illinois electric scooter law will regulate where someone can ride a low-speed electric scooter in the State of Illinois. Specifically, you will be able to scoot anywhere you can ride a bicycle, such as bicycle lanes and bicycle paths;
- The Illinois law will give the electric scooter operator “all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle;”
- Electric scooters in Illinois will have to have lamps and reflectors for use at nighttime;
- Illinois will require brakes on electric scooters; and
- Unless they are being used by Illinois first responders (i.e., police or fire fighters) they cannot be equipped with a siren.
The Illinois electronic scooter law also removes electric scooters from being legally considered as motor vehicles and defines their legal duties and responsibilities as akin to those of bicycles.
Claims for Electric Scooter Injuries under Negligence and Product Liability Laws
Today, riding shared electric scooters are an innovation in the transportation industry. They are promoted as convenient rentals that are cost-effective and fun. Rents are low (by the hour, by the day) and offer an ease of movement in urban areas that even bicycles fail to provide.
However, with this new innovation comes confusion in how these scooters are to be considered insofar as legal liability in the event of an accident.
- If the operator wrecks the scooter after having little or no experience on riding an electric scooter, then is the owner of the scooter liable?
- If the electric scooter hits a passerby, who is legally responsible for the victim’s harm?
- What if the electric scooter is the cause of an accident involving cars, trucks, or other motor vehicles in moving traffic?
- These electric scooters are allowed to be driven on roadways under the proposed legislation of both states. What if the scooter operator causes a fatal crash?
There will be serious injuries and severe accidents in Indiana and Illinois as a result of these electric scooters. How state laws will work to provide justice for electric scooter accident victims will be a new consideration in our courts, advanced by experienced and zealous attorneys with extensive knowledge of both negligence and product liability laws as they apply to transportation accident cases.
These electric scooters look to be fun and to meet a growing need in our communities. If you or a loved one chooses to operate an electric scooter in Indiana or Illinois, know your rights — and please be careful out there!
