E-Scooter accident claims in Scotland
E-scooters have become an increasingly common sight in towns and cities across Scotland. However, the law surrounding their use remains complex and is very different from the rules applying to bicycles and electrically assisted pedal cycles (e-bikes).
If you have been injured while riding an e-scooter because of the actions of another road user, you may be entitled to claim compensation.
At RTA Law, we specialise in road traffic accident claims. Our experienced lawyers understand the particular issues that can arise when an e-scooter rider is injured, including questions surrounding liability, the legal status of e-scooters and allegations that the rider was partly responsible for the collision.
We can investigate the circumstances of your accident, advise you on your prospects of success and explain clearly what compensation you may be entitled to claim.
Can I claim compensation after an E-scooter accident?
E-scooter accidents can happen in many different circumstances. A rider may be struck by a car emerging from a junction, a vehicle may turn across the rider's path, a driver may fail to see an e-scooter when changing lanes, or a collision may occur because another road user has failed to take reasonable care.
The circumstances of every accident are different. The important question in a personal injury claim is whether another person was negligent and whether that negligence caused or contributed to your injuries.
At our first meeting, we will discuss exactly what happened, assess the available evidence and provide clear advice about your prospects of successfully pursuing a claim.
What if I was riding a privately owned e-scooter?
This is likely to be one of the most important questions for anyone injured while riding an e-scooter in Scotland.
Privately owned e-scooters cannot currently be ridden legally on public roads, pavements, cycle lanes or other public land in Scotland.
However, if you have been injured while using a privately owned e-scooter, you should not simply assume that this prevents you from making a personal injury claim.
The legality of the use of the e-scooter and the question of whether another road user was negligent are issues that need to be considered in light of the individual circumstances of the accident.
For example, if a motorist fails to keep a proper lookout and collides with an e-scooter rider, it may still be necessary to consider whether the motorist's actions caused or contributed to the collision.
There may also be arguments about whether the actions of the e-scooter rider contributed to the accident and, if so, whether any compensation should be reduced because of contributory negligence.
E-scooter claims can therefore involve legal issues that do not arise in a conventional road traffic accident.
If you have been injured, speak to us before assuming that you cannot make a claim. We can consider the circumstances and advise you on the options available.
How our e-scooter injury claims process works
Once you have instructed us, we will begin investigating your accident and start gathering the evidence needed to establish how it occurred.
Depending upon the circumstances, this may include:
- photographs and video footage from the scene;
- CCTV and dashcam footage;
- eyewitness evidence;
- police reports;
- details of the vehicles involved;
- medical records and expert medical evidence; and
- evidence relating to your financial losses.
We will submit a claim to the person or organisation we consider responsible, or their insurer, setting out the circumstances of the accident and why we believe they are legally responsible for your injuries.
We will also arrange for you to be examined by an appropriate independent medical expert. This allows us to establish the nature and extent of your injuries, the treatment you may require and your likely recovery period.
Once we understand the full extent of your injuries and financial losses, we can properly value your claim.
If an offer of compensation is made, we will provide clear advice about whether we believe it should be accepted or rejected.
Where liability is disputed or an appropriate settlement cannot be agreed, we can consider raising court proceedings.
What can I claim for after an e-scooter accident?
A personal injury claim is not limited to compensation for the injury itself.
You can generally seek compensation for losses that have arisen as a direct consequence of the accident, provided those losses can be established and are reasonable.
Depending on your circumstances, your claim may include compensation for:
- pain, suffering and loss of amenity caused by your injuries;
- past and future loss of earnings;
- medical and rehabilitation expenses;
- care and assistance;
- damage to your e-scooter;
- damaged clothing and protective equipment;
- damaged personal possessions;
- travel expenses; and
- future care, accommodation or support requirements in serious injury cases.
We will discuss your losses with you in detail to ensure that all appropriate elements of your claim are identified.
E-Scooter injuries and serious injury claims
E-scooter riders have relatively little physical protection in a collision and can therefore be vulnerable to serious injury.
The value of a personal injury claim will depend upon factors including the nature and severity of the injuries, the treatment required, the recovery you make and whether there are any permanent consequences.
We will arrange for you to be assessed by appropriately qualified medical experts who can provide independent evidence about your injuries, prognosis and any future treatment requirements.
Where an accident results in life-changing injury, a claim can extend considerably beyond compensation for the injury itself.
We may need to investigate future care and support, rehabilitation, mobility requirements, adaptations to your home or alternative accommodation, future medical treatment and the effect of your injuries on your ability to work.
Our focus is not simply on securing compensation. In serious injury cases, we will also look at what assistance can be put in place to support your rehabilitation and recovery.
Loss of earnings and other financial losses
If your injuries have prevented you from working, you may be able to claim for your loss of income.
This may include wages or earnings already lost because of your accident.
More serious injuries can also affect someone's ability to return to their previous occupation or to work at the same level in the future. Where this happens, it is important that the potential long-term financial consequences are properly investigated.
In appropriate cases, we can work with vocational, employment and financial experts to assess how an injury may affect your future employment prospects and earning capacity.
E-scooter, helmet, clothing and property damage
Your claim may also include property damaged in the accident.
This can include the cost of repairing or replacing your e-scooter where appropriate.
If your helmet or clothing was damaged in the collision, these losses can also be included in your claim. The same applies to other personal belongings damaged as a direct consequence of the accident, such as a mobile phone, laptop, watch or items carried in a bag or rucksack.
We recommend keeping damaged items where possible and taking photographs of them. Receipts, invoices and other evidence of their value can also assist us when presenting your claim.
Medical and rehabilitation expenses
You may be able to recover reasonable medical and rehabilitation expenses resulting from your injuries.
Depending upon your circumstances, this could include physiotherapy, psychological treatment or other specialist rehabilitation.
We recommend keeping a record of all expenses and financial losses incurred following your accident, together with receipts and supporting documentation wherever possible.
In appropriate cases, we will also seek early rehabilitation and interim payments rather than waiting until the conclusion of the claim before addressing your immediate needs.
How long does an e-scooter accident claim take?
Every personal injury claim is different, so it is difficult to give a precise timescale without first understanding the circumstances of the accident and the injuries sustained.
Straightforward cases involving relatively minor injuries and an early admission of liability can usually be resolved considerably more quickly than cases involving disputed liability or serious injury.
We will not recommend settling your claim before there is sufficient medical evidence to understand your injuries and likely recovery.
This is particularly important where symptoms persist or there is a possibility of long-term consequences.
Serious injury claims can take longer because it may be necessary to understand your long-term medical, rehabilitation, care and financial requirements before the claim can properly be valued.
Where appropriate, we will seek interim payments during the course of the claim rather than requiring you to wait until final settlement.
We will provide realistic advice about timescales from the outset and keep you updated throughout your case.
'No win, no fee' e-scooter claims
We believe that someone injured because of another person's negligence should be able to obtain specialist legal representation without worrying about the financial risk of pursuing a claim.
Our experienced solicitors will assess the circumstances of your accident and advise you about your prospects of success.
If we agree to take your case forward under our no win, no fee arrangements, we will explain clearly how the funding works before you instruct us.
You will not be asked to make an upfront payment to fund the investigation of your claim.
Where court proceedings are required, we can discuss the appropriate funding arrangements with you and ensure you understand the position before proceedings are raised.
On the successful conclusion of your case, we will usually seek to recover appropriate legal expenses and outlays from the responsible party.
Any success fee payable by you will depend upon the funding agreement entered into with us. We will explain this clearly at the outset so you know exactly where you stand.
Are e-scooters legal in Scotland?
It is legal to buy and own a private e-scooter in Scotland.
However, privately owned e-scooters cannot currently be ridden legally on public roads, pavements, cycle lanes or other public land.
A privately owned e-scooter can generally be used on private land where the rider has the permission of the landowner.
The legal position differs from electrically assisted pedal cycles, commonly known as e-bikes or EAPCs, which have their own legislative regime.
E-scooters are classed as "powered transporters" and fall within the legal definition of a motor vehicle. This means that various laws governing motor vehicles potentially apply to their use.
Government-authorised rental e-scooter trials operate in specified areas of England under a separate legal regime. These trial arrangements do not make privately owned e-scooters legal to use on Scottish roads.
Do I need to wear a helmet when riding an e-scooter?
A helmet is strongly recommended when using an e-scooter.
Under the rules applying to authorised rental e-scooter trials, wearing a cycle helmet is recommended but is not a legal requirement.
A helmet should be of the correct size, securely fastened and conform to appropriate safety standards.
How is an e-scooter classed in Law?
E-scooters are powered by a motor and are treated as "powered transporters".
This is a broad term covering a range of emerging forms of personal transport.
E-scooters also fall within the legal definition of a motor vehicle. This is one of the reasons why privately owned e-scooters cannot simply be treated in the same way as bicycles.
E-bikes that comply with the requirements for electrically assisted pedal cycles are subject to a different legal regime.
Do I need insurance to ride an e-scooter?
The position depends upon the type of e-scooter.
E-scooters used in authorised government rental trials must have motor insurance. The rental operator provides the required third-party insurance as part of the scheme.
This does not mean that obtaining insurance makes a privately owned e-scooter legal to ride on a public road in Scotland. Privately owned e-scooters cannot currently be used legally on public roads or other public land.
Do I need a licence to ride an e-scooter?
The driving licence requirements commonly associated with e-scooters relate to authorised rental e-scooter trials.
A person using an e-scooter as part of an authorised trial must hold an appropriate full or provisional driving licence. Category Q entitlement is included with certain other licence categories.
However, these provisions do not provide a route for someone to use their privately owned e-scooter legally on a Scottish public road.
Can I ride an e-scooter on a pavement or footpath?
No.
Privately owned e-scooters cannot legally be ridden on pavements, roads or other public land.
Even within authorised rental trial areas in England, rental e-scooters cannot be ridden on pavements.
Can I ride a private e-scooter on the road in Scotland?
No. Under the current law, a privately owned e-scooter cannot legally be used on a public road in Scotland.
Can I ride an e-scooter on a cycle path in Scotland?
The existence of a cycle lane or cycle path does not make it legal to use a privately owned e-scooter there.
Different rules apply to authorised rental e-scooters operating within official trial areas in England, where they can be used in certain cycle lanes and other permitted areas.
Can I claim if I was riding an e-scooter illegally?
Do not assume that the answer is automatically no.
The fact that a privately owned e-scooter was being used somewhere it should not have been does not, by itself, answer the separate question of whether another road user was negligent and caused or contributed to an accident.
These cases can raise complex issues of liability and contributory negligence, and each case needs to be considered on its own facts.
If you have been injured, obtain specialist legal advice before deciding that you cannot pursue a claim.
What happens if a car hits me while I am riding an e-scooter?
The circumstances of the collision will need to be investigated.
Evidence may include CCTV or dashcam footage, witness statements, photographs, police evidence and the accounts of those involved.
We will consider the actions of everyone involved and advise you whether there is a reasonable basis for pursuing a personal injury claim.
Can a pedestrian injured by an e-scooter make a claim?
Potentially, yes.
E-scooter accidents do not only result in injuries to riders. Pedestrians and other road users can also suffer injury following collisions involving e-scooters.
Whether compensation can be recovered will depend upon the circumstances, including how the accident occurred, who was responsible and whether an appropriate route to compensation is available.
How long do I have to make an e-scooter injury claim in Scotland?
Strict time limits apply to personal injury claims in Scotland.
The appropriate time limit can depend upon the particular circumstances, including the age of the injured person and other factors. However, in general, you have three years from the date of the accident to intimate a claim.
It is therefore important to obtain legal advice as soon as reasonably possible after an accident rather than waiting until a deadline is approaching.
Early advice also allows important evidence such as CCTV, dashcam footage and witness evidence to be identified and preserved.
Speak to an e-scooter accident lawyer
E-scooter accident claims can involve unusual and sometimes complex legal issues.
The current restrictions on privately owned e-scooters do not mean that someone injured in an accident should simply assume they have no right to compensation.
At RTA Law, road traffic accident claims are what we do. We understand the evidence required to investigate collisions, establish liability and properly assess the financial and personal consequences of serious injury.
If you or a member of your family has been injured in an accident involving an e-scooter in Scotland, speak to our specialist team.
We will listen to what happened, explain your legal position clearly and advise you on the best way forward.
Contact RTA Law today for specialist advice about an e-scooter accident claim in Scotland.