Miami Personal Injury Lawyer Blog
Electric scooters are a huge draw in urban areas like Miami, reducing the hassles of parking and congestion at a reasonable cost. Unfortunately, significant safety risks remain. You can protect yourself by wearing the right equipment and knowing the relevant traffic laws, but e-scooter accidents still occur at an alarming rate.
If you were injured in a crash, there are additional laws that apply to your claim and the legal process. Your Miami e-scooter accident attorney will explain the following:
E-Scooters Get Special Treatment Under Florida Motor Vehicle Laws
Florida law does not treat an e-scooter like a car. Under the state statute, a motorized scooter is defined as a vehicle that:
- Has no seat
- Travels on three wheels or fewer
- Cannot exceed 30 miles per hour
The law gives riders the same rights and duties as bicycle riders. You do not need a driver’s license, vehicle registration, or tag. However, cities can add their own limits, and local rules may control where you ride or park.
E-Scooter Rules and Safety Laws for Riders
Operators must follow bicycle-style rules, and breaking them can affect your claim. Therefore, travel in bike lanes when available, and stick to the road’s right edge otherwise. Riding on sidewalks is allowed, but you must yield to pedestrians and give an audible signal before passing.
Those under 16 must wear a helmet, and all riders need proper reflectors and lights when riding at night. Never operate with headphones or carry a passenger on a single-rider scooter.
Laws on Liability in a Miami E-Scooter Accident
Liability depends on who caused the crash. For instance:
- Negligent drivers who turn, speed, or open doors into riders can be responsible.
- Rental companies may share blame if they failed to maintain brakes, batteries, or tires.
- Manufacturers can face product liability claims for defective parts
Cities may be liable for hazards such as potholes, broken pavement, or poor lighting, though claims against government agencies have strict notice rules. Many Miami crashes involve more than one responsible party, so a careful investigation matters.
Laws That Affect Miami E-Scooter Injury Claims
Florida is a no-fault state, so your own Personal Injury Protection (PIP) coverage often pays first for medical bills, up to $10,000. Scooter riders hit by cars may qualify, depending on their policies. However, under the state comparative negligence statute, you cannot recover damages if you are more than 50% at fault. Your award also shrinks by your share of fault.
Note that you generally have two years to file a negligence lawsuit. Waiting too long can end your claim, so act quickly.
Discuss Your Rights with a Miami E-Scooter Accident Attorney
These are just a few of the laws that affect your case after a crash, and you can rely on an experienced lawyer to handle additional details. The Gerson & Schwartz, PA team has extensive experience helping injured riders, drivers, and pedestrians pursue the compensation they deserve. We are ready to fight for your rights, so please call (305) 371-6000. We are happy to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
