E-Scooter Accidents

In recent years, e-scooters have become more and more prevalent throughout Alberta. These eco-friendly devices offer an alternative mode of transport that is both convenient and fun for commuters and tourists alike. While e-scooters provide numerous benefits, they also come with significant risks that riders and the general public need to be aware of.

The Rise of E-Scooters

In 2018, Calgary and Edmonton were the first two cities to receive permission and permits from the Government of Alberta to conduct pilot projects for 2019 that allowed e-scooter companies to operate within these municipalities. Since 2019, municipalities across Alberta have seen similar success in their pilot programs leading to the rise in the use of e-scooters throughout the province.

Regulations on Shared E-Scooters

In Alberta, only shared e-scooters rented from companies with municipal contracts are permitted for public use. This exemption allows the Government of Alberta to impose safety measures to protect riders in case of accidents. Shared e-scooters must adhere to several restrictions to qualify for this exemption:

• They are limited to a maximum speed of 20 km/hr.
• Insurance coverage is mandatory.
• Specific reporting requirements must be met.
• They are restricted to operating within geofenced areas, where their speed may slow down or where they cannot operate.

Shared e-scooters are prohibited from using roads with lane markings and are only allowed on roads without lane markings (typically lower traffic volume), bike lanes, pathways, and sidewalks provided they do not disrupt pedestrians.

Personal E-Scooters Still Illegal on City Roadways

It is important to note that personal e-scooters are still not allowed to be operated on public sidewalks or roadways as they do not have provincial approval to be used beyond private property. For a private citizen to operate their e-scooter legally on city sidewalks or roadways, they would require a provincial exemption. At present, no municipality has the authority to issue a vehicle exemption for public roadways.

Stay Safe on E-Scooters

As personal injury lawyers, we have encountered various cases from non-vehicle modes of transportation such as bikes, rollerblades, and scooters. Injuries can vary greatly from minor scrapes and bruises to soft tissue injuries, bone breaks, head injuries, or even spinal injuries.

To minimize the risk of injury, e-scooter riders should take precautions like:

• Wearing protective gear: helmets are essential, and additional gear like knee and elbow pads can provide extra protection.
• Following traffic rules: adhering to the rules of the road can help prevent accidents.
• Inspecting the e-scooter: before riding, check the e-scooter for any obvious defects or issues.

Legal Implications and Liability

Inevitably, as the use of e-scooters rises, so does the number of accidents that occur. This relatively new mode of transport introduces new issues when it comes to determining who is at fault when accidents happen. Determining liability in e-scooter accidents can be complex and involve multiple parties. The primary types of liabilities include:

1. Rider Liability: E-scooter riders can be held responsible for accidents if they are found to be negligent. This includes riding under the influence, speeding, ignoring traffic signals, or riding in prohibited areas such as marked roadways. Riders must operate their scooters in a manner that ensures their safety and that of others.

Example of rider negligence: A rider speeds through a red light and collides with a car. The rider would likely be held liable for any injuries or damages because they violated traffic laws.

2. Third-Party Liability: Motorists, cyclists, and pedestrians can be liable if their actions cause an accident with an e-scooter.

Example of driver negligence: A car makes an illegal turn and hits an e-scooter rider in a designated bike lane or in a crosswalk when the e-scooter has the right of way. The driver would likely be held responsible for the accident and resulting injuries.

3. Product Liability: If an accident occurs due to an e-scooter malfunction, such as brake failure or a sudden power loss, the company that provided or maintained the e-scooter could be held accountable.

Example of scooter malfunction: An e-scooter’s brakes fail, causing the rider to crash. The manufacturer or rental company could be held liable for providing a faulty product.

4. Municipal Liability: The city could be liable if poor road conditions contribute to an accident.

Example of poor road conditions: A rider hits a large pothole on the sidewalk and is thrown from the scooter, sustaining injuries. The city might be held liable if it is shown that they were aware of the hazard and failed to address it.

The Role of a Personal Injury Lawyer

Navigating the aftermath of an e-scooter accident can be daunting. A personal injury lawyer plays a crucial role in:

• Investigating the accident: Lawyers gather evidence, interview witnesses, and work with experts to build a strong case.
• Determining liability: They assess the actions of all parties involved to establish who is at fault.
• Negotiating with insurers: They negotiate with insurance companies to secure fair settlements for their clients.
• Litigating in court: If necessary, they represent clients in court to pursue maximum compensation.

Conclusion

E-scooters offer a convenient and exciting way to explore the city, but they come with significant legal responsibilities. Understanding the potential liabilities can help riders and other road users make informed decisions and avoid accidents.

If you find yourself injured in an e-scooter accident, our team of experienced, qualified, and helpful lawyers at Watson Goepel would be happy to assist you with your claim. Contact us for a free consultation.