Liability for E-Scooter and E-Bike Accidents in Florida

E-scooters and e-bikes have transformed how Floridians get around, offering a fast, affordable, and eco-friendly alternative for short-distance travel. Cities like Fort Lauderdale, Miami, and Tampa have embraced shared mobility programs, while thousands of residents use privately owned devices for daily commuting.

But as their popularity has grown, so has the number of serious accidents involving e-scooters and e-bikes. These collisions often result in broken bones, head injuries, and long-term disabilities. And because these vehicles sit in a legal gray area between bicycles and motor vehicles, determining who is liable after a crash can be complicated.

This article explains how Florida law treats e-scooter and e-bike accidents, what insurance options exist, and when you should contact a Florida personal injury lawyer to protect your rights.

Florida Law on E-Scooters and E-Bikes

Under Florida Statute §316.003, electric scooters and e-bikes are classified differently depending on their design and top speed:

• E-Bikes (electric bicycles) can operate up to 28 mph depending on their class (1, 2, or 3). Riders generally have the same rights and duties as traditional bicyclists.
  
• E-Scooters (motorized scooters) are treated similarly to bicycles if they stay below 20 mph and operate in designated areas.

Unlike motorcycles, neither requires a driver’s license or vehicle registration. However, cities and counties can impose local restrictions on where these devices can be used.

Because these rules vary by municipality, determining liability often requires analyzing local ordinances alongside state law.

Common Causes of E-Scooter and E-Bike Accidents

Collisions can happen anywhere, from downtown streets to beachside sidewalks. The most common causes include:

• Driver negligence, such as failing to yield or cutting off a scooter in traffic
  
• Distracted driving, often involving phones or GPS use
  
• Poor road conditions, like potholes, uneven pavement, or debris
  
• Defective scooters or brakes provided by rental companies
  
• Lack of protective gear, increasing the risk of head trauma
  
• Improper maintenance of public or shared scooters

Whether the crash involves a motor vehicle, a pedestrian, or another rider, understanding how the accident occurred is the first step in determining liability.

Who Can Be Held Liable for an E-Scooter or E-Bike Accident?

Depending on the circumstances, several parties may share fault:

1. Motor Vehicle Drivers

The most frequent defendants in e-scooter and e-bike cases are negligent motorists who:

• Fail to yield at intersections
  
• Make unsafe turns or lane changes
  
• Drive while distracted or impaired

In these situations, a Florida car accident lawyer can help the injured rider file a claim against the at-fault driver’s insurance.

2. Scooter or E-Bike Rental Companies

Companies like Bird, Lime, or Spin may bear responsibility if:

• Their scooters had defective brakes, throttles, or tires
  
• They failed to remove damaged or unsafe devices from circulation
  
• Their user agreements violated Florida consumer safety standards

3. Government Entities

Cities or counties can be liable if poor road maintenance, lack of signage, or unsafe bike lanes contributed to the crash. However, suing a government agency requires filing a Notice of Claim under Florida Statute §768.28 within a specific timeframe.

4. Manufacturers and Distributors

If an e-bike or scooter malfunctioned due to design or manufacturing flaws, victims can pursue a product liability claim against the manufacturer.

5. Property Owners

In some cases, a premises liability claim may arise if a private business or property owner failed to maintain safe conditions where the crash occurred.

Common Injuries in Florida E-Scooter and E-Bike Accidents

These lightweight vehicles provide little protection, which means even minor collisions can lead to severe injuries such as:

• Traumatic brain injuries (TBIs)
• Broken bones and fractures
• Spinal cord injuries
• Road rash and deep lacerations
• Internal bleeding or organ damage

Because head injuries are especially common, medical evaluation and documentation are essential immediately after the incident.

A Florida traumatic brain injury lawyer can work with medical experts to prove the long-term impact of these accidents on your health and earning ability.

Insurance and Compensation Options

Florida’s no-fault insurance system (PIP) generally applies only to motor vehicles, not e-scooters or e-bikes. This means that injured riders often cannot rely on their own auto insurance for coverage unless they purchased optional medical payments (MedPay) or uninsured motorist (UM) coverage that extends to bicycle-type devices.

Victims can pursue compensation through:

• The at-fault driver’s liability insurance
  
• The scooter company’s commercial policy (if negligence applies)
  
• A product liability claim against the manufacturer
  
• A premises liability claim for unsafe conditions

Recoverable damages may include medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs.

How a Florida Personal Injury Lawyer Can Help

Because e-scooter and e-bike accidents sit at the intersection of multiple legal categories, vehicle law, product liability, and municipal regulation, handling them without legal assistance can be risky.

A Florida personal injury attorney can:

• Investigate all potential sources of liability
  
• Preserve digital evidence from scooter GPS and usage logs
  
• Obtain surveillance footage or eyewitness accounts
  
• Negotiate with insurance companies for full compensation
  
• File lawsuits if settlement offers are unfair or delayed

Acting quickly is vital, since evidence from rental companies or city maintenance departments can disappear within days.

Related Practice Areas

If you were injured while riding or hit by an e-scooter or e-bike, you might also want to learn more about:

• [Florida Bicycle Accident Lawyers], for similar roadway injury claims.
  
• [Florida Pedestrian Accident Attorneys], for victims struck in crosswalks or sidewalks.
  
• [Florida Product Liability Lawyers], for defective device or battery cases.
  
• [Florida Car Accident Attorneys], for crashes involving negligent motorists.

Each area helps establish negligence and pursue recovery for your injuries under Florida law.

Call Kogan & DiSalvo Personal Injury Lawyers

If you or a loved one were hurt in an e-scooter or e-bike accident, the attorneys at Kogan & DiSalvo Personal Injury Lawyers can help identify the liable parties and fight for the compensation you deserve.

Call (561) 286-8132 for a free consultation today. We represent clients statewide from offices in Boca Raton, Delray Beach, Plantation, Palm Bay, St. Petersburg, Vero Beach, North Miami Beach, Boynton Beach, Fort Lauderdale, Lakeland, Stuart, Tampa, and West Palm Beach.