Electric scooters, e-bikes, and mopeds are a fast way to get around Miami, Miami Beach, Fort Lauderdale, and West Palm Beach. But a rider has almost no protection when a car turns in front of them or the pavement gives way. Electric scooter accident lawyer Tomas Robirosa helps injured riders understand who may be responsible and which insurance may apply, which is often more complicated than in a car crash. Se habla español.
What to Do After an Electric Scooter Accident
Get medical care right away and keep every record. Head, wrist, and knee injuries are common in scooter crashes.
If you are able to do so safely:
- Call the police and ask for a report, especially if a vehicle was involved.
- Get the driver’s name, license, plate, and insurance information.
- Photograph the scooter, the vehicle, the road or sidewalk, potholes or debris, and your injuries.
- If you rented the scooter, take screenshots of the ride in the app and report the crash to the company.
- Get witness names and note nearby cameras.
- Do not give a recorded statement to any insurance company before speaking with a lawyer.
Common causes of scooter accidents
- Drivers turning or pulling out in front of a rider.
- Car doors opening into a rider’s path.
- Potholes, broken pavement, and debris.
- Defective brakes, batteries, or throttles.
- Distracted and speeding drivers.
Common Electric Scooter Injuries
- Head injuriesRiders often fall forward and strike their heads.
- Wrist and arm fracturesRiders instinctively break their fall with their hands.
- Knee and leg injuriesCollisions and falls commonly injure the lower body.
- Facial injuriesDental and facial injuries are common in scooter falls.
Florida Law and E-Scooter Injury Claims
Riders have the rights of cyclists
Under section 316.2128 of the Florida Statutes, a person riding a motorized scooter or micromobility device generally has the rights and duties of a bicycle rider. No driver license or registration is required, although local governments may regulate where scooters can be ridden and parked.
Insurance can be the hardest part
Florida’s Personal Injury Protection (PIP) system is built around motor vehicles, and a scooter rider may not qualify for PIP the way a pedestrian might. Depending on the facts, compensation may come from:
- The at-fault driver’s bodily injury liability coverage.
- Your own or a household member’s uninsured or underinsured motorist coverage.
- A property owner or the entity responsible for a dangerous road or sidewalk condition.
- A manufacturer or seller if a defect caused the crash.
Mopeds and faster devices
Some faster scooters and mopeds are treated differently under Florida law and may require a license and registration. The type of device can affect the rules and the insurance, so we look at it closely.
Shared fault and deadlines
Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault. For most negligence claims arising after March 24, 2023, the statute of limitations is generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
Florida Law at a Glance- Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
- Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
Do I need a license to ride an electric scooter in Florida?
Generally no. Florida law does not require a driver license or registration to ride a motorized scooter or micromobility device, and riders generally have the rights and duties of a bicycle rider. Cities and counties may have their own local rules.
Does PIP cover an electric scooter accident?
It may not. Florida’s PIP law is written around motor vehicles, and a person riding a self-propelled vehicle such as an e-scooter may not qualify for PIP benefits the way a pedestrian or cyclist might. That makes the at-fault driver’s insurance and your uninsured motorist coverage especially important.
Can I file a claim if I was injured on a rental scooter?
Possibly. Depending on the facts, a claim may involve a driver who hit you, a property owner or government entity responsible for a dangerous condition, or a claim related to a defective scooter. Rental agreements often include terms that affect claims, so keep a copy of the app records.
How long do I have to file a scooter accident claim?
For most negligence claims arising after March 24, 2023, Florida’s statute of limitations is generally two years. Every case is different, so speak with an attorney to confirm the deadline that applies to you. Claims against government entities have additional notice requirements.
Can I speak to the lawyer in Spanish?
Yes. Tomas Robirosa and our team speak Spanish and English.
EN
