Key Takeaways

  • When a car strikes a Bird, Lime, or other electric scooter rider, the claim generally proceeds against the driver's own auto insurance — a fundamentally different, and typically more favorable, situation than a dispute with the scooter rental company.
  • California Vehicle Code Section 407.5 defines a motorized scooter, and Section 21221 gives scooter riders essentially the same rights and duties as any other vehicle on the road.
  • Drivers must exercise the same due care around scooter riders that they owe to any other roadway user, including at intersections and when changing lanes.
  • California's pure comparative fault rule applies here too — riding without a helmet or on a sidewalk may affect the fault allocation, but does not automatically bar a claim against the driver.
  • This is distinct from disputes involving the scooter rental company itself, which often involve arbitration clauses and liability waivers in the app's rental agreement — those complications generally don't apply when a car, not the scooter, is the cause of the crash.

Electric scooters have become a fixture of getting around Los Angeles — and so, unfortunately, have accidents involving them. But not all scooter accident claims are created equal. There's an important legal distinction between a dispute over the scooter itself (a malfunction, a company's liability waiver) and a case where an ordinary car simply hits a scooter rider. If a driver caused your accident, you're in a much more straightforward position than you might expect.

Two Very Different Kinds of Scooter Cases

When people think about "scooter accident lawsuits," they often picture the messy, difficult scenario: a scooter malfunctions, a rider is thrown, and the injured person discovers that the rental app's terms of service include a mandatory arbitration clause and a broad liability waiver that make suing the scooter company an uphill battle, especially since riders typically carry no insurance of their own. That scenario is real, and it is genuinely more complicated.

But when a car hits a scooter rider — through a driver's failure to yield, an unsafe turn, or ordinary inattention — none of that complexity applies. You are pursuing a standard negligence claim against the driver, backed by the driver's own auto liability insurance, using the same basic legal framework as any car-versus-bicycle or car-versus-pedestrian case.

Scooter Riders Have the Same Rights as Other Vehicles on the Road

Vehicle Code Section 407.5(Current as of 2026. Laws are subject to legislative change.) defines a "motorized scooter" as a two-wheeled device with handlebars and a floorboard, powered by an electric motor. Under Vehicle Code Section 21221(Current as of 2026. Laws are subject to legislative change.), a person operating a motorized scooter on a public roadway generally has all the same rights, and is subject to all the same duties, as the driver of any other vehicle. In practice, this means a driver owes a scooter rider the same fundamental duties of care — safe following distance, proper turn signals, attentiveness at intersections — that they owe to any other vehicle they share the road with.

Scooter-Specific Rules That Can Come Up in a Claim

Vehicle Code Section 21235 (full text)(Current as of 2026. Laws are subject to legislative change.) sets out several specific rules for scooter riders, including a general prohibition on riding on sidewalks (except briefly to enter or exit adjacent property) and a helmet requirement for riders under 18. A separate provision, Vehicle Code Section 22411, caps scooter speed at 15 miles per hour regardless of the posted speed limit on the road. Violating one of these scooter-specific rules at the time of a crash can be raised by an insurer as a factor in the comparative fault analysis — but as with pedestrians and cyclists, it does not eliminate a driver's own independent duty of care, and it does not bar your claim outright under California's pure comparative fault system.

The rental company's waiver doesn't protect the driver who hit you. Every Bird, Lime, or similar scooter rental agreement includes terms — often a liability waiver and mandatory arbitration clause — that govern your relationship with that company. Those terms have no bearing whatsoever on your legal rights against a driver who negligently hit you. The driver is a separate party who never asked you to sign anything, and ordinary California negligence law applies in full.

Comparative Fault Considerations Specific to Scooter Riders

As with pedestrians and cyclists, California's pure comparative fault rule (established in Li v. Yellow Cab Co. and discussed in detail in our companion article) means that even if you were riding without a helmet, briefly on a sidewalk, or otherwise not in full compliance with every scooter regulation, you are not automatically barred from recovering compensation from a driver who hit you. The question becomes how the fault is allocated between you and the driver — not whether you have a claim at all.

Common Injuries in Car-vs-Scooter Accidents

Because scooter riders have essentially no protection compared to a vehicle occupant, injuries from being struck by a car while riding a scooter can be serious — wrist and arm fractures from bracing for impact, head injuries, and road rash are all common. Prompt medical evaluation is important both for your health and for documenting the connection between the accident and your injuries.

What to Do After Being Hit by a Car While Riding a Scooter

  1. 1. Call 911 and get a police reportDocumentation of the crash, both vehicles, and the scene is critical evidence.
  2. 2. Photograph the scene, the vehicle, and the scooterInclude the scooter's condition, any visible skid marks or debris, and the surrounding intersection or roadway.
  3. 3. Get the driver's insurance informationThis is an ordinary auto insurance claim against the driver, not a claim against the scooter rental company.
  4. 4. Seek medical attention promptlyScooter accidents frequently involve head, wrist, and joint injuries that may not be immediately obvious.
  5. 5. Preserve your scooter rental app dataYour trip record can help establish the time and location of the ride, which may be useful evidence.
  6. 6. Consult an attorney before discussing fault with any insurerComparative fault questions specific to scooter riders — helmet use, sidewalk riding — are best addressed with legal guidance.

Frequently Asked Questions

Quick answers — see detailed FAQs below.

If a car hits me while I'm riding a Bird or Lime scooter, who do I make a claim against?

Generally, the driver of the car — through the driver's own auto liability insurance — just as you would after any other vehicle-versus-vehicle collision. The scooter rental company's terms of service and insurance structure typically become relevant only in disputes involving the scooter itself (a malfunction, for example), not when a car causes the crash.

Does the scooter company's liability waiver affect my claim against the driver?

No. The rental agreement's waiver and arbitration clause govern your relationship with the scooter company, not your legal rights against a driver who hit you. A driver who negligently strikes a scooter rider is liable under ordinary California negligence law, regardless of what you agreed to when you rented the scooter.

Detailed FAQs

Can I be blamed for the accident if I wasn't wearing a helmet?

Not wearing a helmet does not cause a car to strike a scooter rider, so it is unlikely to be treated as a cause of the crash itself. It could theoretically be raised regarding the severity of certain injuries, but that is a separate question from fault for causing the collision, and California's pure comparative fault rule means partial fault of any kind does not bar your claim — it only affects the amount.

What if I was riding on the sidewalk when I got hit?

California Vehicle Code Section 21235(g) generally prohibits riding a motorized scooter on a sidewalk except briefly to enter or exit adjacent property. Riding on a sidewalk in violation of this rule could be used to argue you share some fault, but it does not eliminate a driver's duty to exercise due care, and does not automatically bar recovery under California's comparative fault system.

What rights do scooter riders have under California law?

Under Vehicle Code Section 21221, a person operating a motorized scooter on a highway generally has the same rights, and is subject to the same duties, as the driver of any other vehicle. This means drivers owe scooter riders the same basic duties of care — safe following distance, care when turning or changing lanes, and general attentiveness — that they owe to other cars on the road.

Is this different from a dispute about the scooter itself, like a broken brake?

Yes, significantly. A claim that the scooter itself malfunctioned and caused your injury is a claim against the scooter company, and it likely runs into the arbitration clause and liability waiver in the rental agreement you accepted in the app. A claim against a driver who hit you while you were riding a properly functioning scooter is an entirely separate, ordinary negligence claim against that driver, unaffected by your agreement with the scooter company.

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Hit by a Car While Riding an Electric Scooter?

When a driver, not the scooter itself, causes your accident, you're pursuing an ordinary auto insurance claim with the same driver duties and comparative fault rules as any other roadway collision. Eagan Law helps injured scooter riders throughout Los Angeles and California pursue the recovery they're owed.

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ATTORNEY ADVERTISING: This blog is maintained by Todd Eagan of Eagan Law Corporation for informational purposes only and is not legal advice. Eagan Law Corporation is located in Santa Monica, Los Angeles County, California. Reviewing this blog or contacting the firm does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. This post provides general information about California law and is not intended as legal advice for your specific situation.

California personal injury claims are generally subject to a two-year statute of limitations under Code of Civil Procedure Section 335.1 (full text) — but deadlines vary significantly by claim type, defendant, and circumstance. Claims against a government entity — including a city, county, or state agency — require a tort claim notice within six months of the incident under the Government Claims Act before a lawsuit may be filed.

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