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Miami Beach · Scooter accidents
Miami Beach limits where e-scooters and e-bikes can go, and those rules often come up in a claim.
The city bans e-scooters, e-bikes and other motorized devices on the Beachwalk, city sidewalks, Collins Park, South Pointe Park, the Marina Baywalk south of 5th Street and the Promenade between 24th and 29th Streets. On the street, riders must follow the same signals and traffic laws as everyone else under City Code Section 70-67. That leaves scooter riders sharing Alton Road, Washington Avenue and Collins Avenue with cars. A Miami Beach scooter accident lawyer can sort out who is responsible when something goes wrong. Tomas Robirosa also handles electric scooter accident claims across Florida.
An insurer will ask first whether you were somewhere a scooter was allowed. Riding on the Beachwalk or a sidewalk when you were hit does not erase a driver's or property owner's fault, but it can be used to shift part of the blame to you. Under Florida's modified comparative negligence rule, more than 50% fault generally bars recovery, and anything less reduces it.
The same questions apply to people hurt by a scooter. A walker struck by a rider on a sidewalk where motorized devices are banned may have a claim against that rider, and sometimes against a rental company, depending on the facts.
Scooter injuries usually come from one of three places. A car turns or opens a door into the rider. A pothole, raised slab or construction plate throws the rider. Or the scooter fails, with a brake, battery or stem problem. Each points to a different party: a driver and their insurer, a property owner or government body responsible for the surface, or a manufacturer or rental operator.
Claims against a city or county come with special written notice requirements and timelines, separate from the usual deadline. Those time limits are generally strict. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
Whether PIP pays for a scooter rider hit by a car depends on the policies involved, and we would rather check than guess. The driver's liability coverage and your own uninsured motorist coverage may also apply. If you rented, keep the trip record in the app and photos of the scooter's ID number.
Get medical care, ask the Miami Beach Police Department for a report, and call (305) 600-0529. More about our local work is on the Miami Beach page.
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Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.
He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.
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