E-scooters are becoming increasingly popular, and many people will have received one for Christmas this year. There are now 1000’s of e-scooters on our roads, many illegally. If you, or anyone in your family, have had such a present you should know where the law allows them to be used and what the penalties are if you are caught using them illegally. If you are injured by an e-scooter you may be able to claim compensation.
Are E-Scooters Legal?
Although it is not illegal to buy, sell or own an e-scooter, it is illegal to use one in public areas if it is not rented as part of a recognised government trial scheme. Using an e-scooter on private land, with the land-owner’s permission, is legal.
Riding a privately owned e-scooter on public roads is currently illegal in most parts of the UK. They cannot be ridden on footpaths, pavements, cycle lanes or in pedestrian-only zones.
E-scooters are classed as “powered transporters”, meaning they are treated in the same way as motor vehicles and subject to the same laws. This means that e-scooters should have licence plates, indicators and rear lights. MOT, tax and insurance are also required as well as a driving licence. However, e-scooters that are currently on sale to the public do not comply with these conditions and, worryingly, many of them are capable of reaching speeds of up to 50mph.
The Government’s E-Scooter Trials
Government backed trials of rental e-scooters are now well under way and operating in more than 50 towns and cities. These scooters can be ridden on roads and cycle lanes but not pavements. They have a maximum speed of 15.5mph, sometimes less. There is no compulsory training before someone hires and no requirement to wear a helmet, although users are advised to wear one.
What are the Penalties for Using an E-Scooter Illegally?
If the Police stop you riding an e-scooter on a public road or public land, the scooter may be seized by the Police and you could be prosecuted. You could face a fine of up to £1000 and get penalty points on your
licence or ultimately a disqualification from driving. In a recent case in Cumberland, an e-scooter rider was fined and banned from driving for 40 months for riding the scooter whilst under the influence of alcohol.
Are E-Scooters Dangerous?
There is an increasing number of recent news stories involving e-scooter accidents and injuries. 2019 saw the first death following a crash while riding an e-scooter and figures from the Department of Transport show that two more e-scooter users have been killed and a further 729 were injured in the year to June 2021.
There have been growing reports of pedestrians being hit by e-scooters sometimes causing serious injuries. There have also been accidents caused by scooters being left in the streets and creating a tripping hazard.
According to an investigation by ITV’s Tonight programme (in May 2021) 210 people have suffered injuries in accidents involving e-scooters since the trials began. Transport for London carried out a comparison between cycling and e-scooter injuries using data from the US and concluded that the rate of serious injuries was around 100 times more for e-scooters than for cyclists.
The exact number of crashes and injuries associated with e-scooters is unclear. The Metropolitan Police have said it believes the number of incidents are under reported but that numbers are increasing sharply.
When Can I Make a Claim for Compensation for an E-Scooter Related Injury?
Yes – you can.
- If you have been injured by a motor vehicle whilst riding an e-scooter and the driver of the vehicle is at fault for the accident. You will be able to pursue a claim through the driver’s insurance policy.
- Many riders will not be insured, but a claim may be possible through the Motor Insurance Bureau’s uninsured scheme.
- If you have been injured as a pedestrian by an e-scooter which was rented as part of the Government -backed trials. The companies who rent out these scooters should have insurance in place to cover any claims.
- If you have been injured by a privately owned scooter then, as e-scooters must abide by the same laws and regulations that apply to all motor vehicles, they must have insurance. However, it is unlikely that the owner/rider will be insured, as riding a privately owned e-scooter on public roads is illegal which would invalidate any policy of insurance. Fortunately, at present, the Motor Insurers Bureau may be able to compensate you.
Steps to Take Following an Accident Involving an E-Scooter
- Get the name and address of the person riding the e-scooter if possible.
- Take photos of the accident scene, including the damage to any vehicle/e-scooter involved and, if possible, a photo of the rider.
- Obtain details of any witnesses to the accident.
- Contact the police and report the accident as soon as possible.
- Obtain specialist legal advice at the outset – you have three years from the date of the accident in which to bring a claim.
The Future for E-scooters
It is likely that e-scooters will remain on our roads and although more legislation is expected later this year, we believe that the increase in popularity of these scooters will inevitably result in a rise in injuries and potential personal injury claims
At Taylor&Emmet we deal with all types of personal injury claim, including e-scooter accidents. If you have been involved in an accident and would like some advice, please call our expert team of lawyers on 0114 218 4000 or info@tayloremmet.co.uk
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