SANTA CLARITA SCOOTER ACCIDENT INJURIES
E-scooter accidents raise legal questions that don't come up in a typical car accident case — from rental company liability waivers to product defects in the scooter itself. Call or text today for a free consultation.
California's E-Scooter Laws
Under California Vehicle Code Section 21235, e-scooter riders must generally follow rules including: a valid driver's license or learner's permit is required to operate one, no riding with a passenger, no riding on sidewalks (except briefly to access adjacent property), and a properly fitted helmet is required only for riders under 18 — adults are not legally required to wear a helmet, though rental companies and safety advocates still recommend it. California law also caps e-scooter speed at 15 mph.
If You Rented the Scooter: The Waiver Question
Most e-scooter rental apps (such as Bird or Lime) require users to accept a liability waiver before riding. These waivers are real and can limit certain claims, but they don't automatically bar every type of claim. Waivers generally can't shield a company from liability for gross negligence, and they typically don't affect claims against a third party — such as another driver, a property owner with a hazardous condition, or the scooter's manufacturer. Understanding what a specific waiver does and doesn't cover is often a key early step in a rental scooter case.
Mechanical and Design Issues That Can Cause Accidents
Defects in the scooter itself can significantly increase injury risk, and may support a product liability claim against the manufacturer or rental company:
- Brake failures: inadequate or malfunctioning brakes preventing the scooter from stopping effectively
- Throttle malfunctions: a stuck or unresponsive throttle causing uncontrolled acceleration
- Battery and electrical issues: defective batteries that overheat, catch fire, or fail to provide consistent power
- Wheel and tire problems: poor-quality tires, punctures, or misalignment affecting stability
- Steering mechanism failures: issues with the handlebar or steering column
- Structural integrity issues: weak or defective frames that can break under stress
- Design flaws: inadequate lighting, missing safety features, poor ergonomics, or an unstable, tip-prone design
Common E-Scooter Injuries
- Head injuries: traumatic brain injuries, concussions, and skull fractures from falls
- Spinal injuries: high-impact crashes can cause spinal cord damage, potentially resulting in paralysis
- Fractures and dislocations: particularly common in the arms, legs, and wrists
- Soft tissue injuries: sprains, strains, and other injuries from impact or sudden movement
- Facial injuries: fractures, cuts, and dental injuries from falls
What to Do After an E-Scooter Accident
- Get medical attention, even if injuries seem minor at first
- Call 911 if injuries are present
- Gather information at the scene — photos, witness contact details, and accident specifics
- Report the incident to law enforcement and, if applicable, the scooter rental company
- Preserve evidence, including any records, photos, and correspondence related to the accident
- Avoid discussing fault with the rental company or another party before speaking with an attorney
- Follow your medical provider's treatment plan
Frequently Asked Questions
Do I have to wear a helmet on an e-scooter in California?
Only if you're under 18. Adults are not legally required to wear a helmet under California Vehicle Code Section 21235, though it's still recommended for safety.
I signed a waiver when I rented the scooter — does that mean I can't sue?
Not necessarily. Waivers can limit certain claims, but they generally don't cover gross negligence and typically don't affect claims against a third party, such as another driver or the scooter's manufacturer.
Can I sue the scooter manufacturer if a mechanical defect caused my accident?
Potentially, yes. If a defect in the scooter — such as faulty brakes or a defective battery — contributed to your injury, you may have a product liability claim under California's strict liability doctrine.
How long do I have to file a claim in California?
In most cases, California law gives you two years from the date of the accident to file a personal injury claim.
Talk to a Santa Clarita Scooter Accident Attorney Today
Robert Mansour can help advise you regarding your case. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case. You can also fill out our Free Case Evaluation form.