They appeared on Atlanta sidewalks almost overnight. Bird. Lime. Spin. Suddenly electric scooters were everywhere, and so were the accidents. These rentable devices offer convenient urban transportation, but they also create legal complexity when injuries occur.
How Georgia Classifies E-Scooters
Georgia law treats electric scooters similarly to mopeds. Under O.C.G.A. § 40-6-350, moped operators have the same rights and duties as other vehicle drivers, with certain exceptions. This means e-scooter riders must follow traffic laws, including obeying signals, yielding to pedestrians, and riding in the direction of traffic.
The practical effect is that e-scooter accidents are treated like vehicle accidents for liability purposes. The at-fault party bears responsibility, and Georgia’s comparative negligence rules apply.
Who May Ride
Georgia law permits anyone 15 or older to operate an e-scooter. Riders under 16 must wear a helmet. The rental companies impose their own age requirements through their terms of service, typically requiring users to be 18 or have parental consent.
No driver’s license, registration, or insurance is required to rent or ride an e-scooter.
Where Scooters May Operate
Atlanta’s ordinances, which serve as a model for many Georgia cities, establish specific riding zones.
Allowed: Bike lanes, bike paths, and roads with speed limits of 35 mph or less.
Prohibited: Sidewalks. Riders must dismount and walk scooters on sidewalks and through crosswalks.
Speed limit: E-scooters are generally limited to 15-20 mph by their motors.
Violations of these location restrictions can establish negligence if an accident occurs. A rider struck while illegally riding on a sidewalk may have reduced recovery. A rider struck while legally using a bike lane has a stronger position.
Georgia’s Hands-Free Law Applies
Georgia prohibits holding or using a phone while operating any motor vehicle. This applies to e-scooters. Riders cannot text, call, check directions, or use social media while the scooter is in motion.
Distracted riding that contributes to an accident affects fault allocation under comparative negligence principles.
Multiple Potentially Liable Parties
E-scooter accidents can involve liability from several sources:
The e-scooter rider may be at fault for violating traffic laws, riding recklessly, or failing to yield.
Motor vehicle drivers may be at fault for failing to see the scooter, changing lanes without checking, or violating traffic laws.
The rental company may be liable if the accident resulted from mechanical failure, inadequate maintenance, or failure to comply with safety regulations.
Pedestrians may share fault if they stepped into the scooter’s path without looking.
Government entities may be liable if poor road conditions, inadequate infrastructure, or missing signage contributed to the accident.
Each party’s percentage of fault affects damage allocation.
Rental Company Liability
Bird, Lime, and Spin maintain their scooter fleets and deploy them throughout cities. If a mechanical failure causes an accident, the company may bear responsibility.
Potential company liability includes brake failure from inadequate maintenance, handlebar or steering defects, battery or electrical malfunctions, failure to remove damaged scooters from circulation, and failure to comply with local safety ordinances.
However, rental company terms of service include liability waivers and arbitration clauses. These provisions complicate claims against the companies themselves. Their enforceability varies depending on the specific terms and circumstances.
Accidents Involving Motor Vehicles
The most serious e-scooter injuries typically involve collisions with cars and trucks. The scooter rider has minimal protection against a vehicle weighing thousands of pounds.
When a vehicle driver is at fault, their liability insurance applies just as in any motor vehicle accident. The scooter rider can pursue a claim against the driver’s policy for medical expenses, lost wages, pain and suffering, and other damages.
Georgia’s comparative negligence rule means the rider’s own conduct is examined. If the rider was partially at fault, recovery is reduced accordingly. If the rider was 50% or more at fault, no recovery is available.
DUI Applies to E-Scooters
Georgia’s DUI laws apply to any moving vehicle, not just cars. Operating an e-scooter while impaired by alcohol or drugs is illegal and can result in DUI charges.
From a civil liability perspective, riding while impaired significantly affects fault allocation. An impaired rider who is injured may bear substantial comparative fault, potentially barring recovery entirely.
Common Injuries
E-scooter accidents produce injuries similar to bicycle and motorcycle accidents.
Head injuries occur frequently, especially among riders not wearing helmets. Georgia only requires helmets for riders under 16, but head protection reduces injury severity for all ages.
Fractures affect wrists, arms, and collarbones when riders try to break their falls. Leg and ankle fractures occur from direct impact.
Road rash results from sliding on pavement after a fall.
Facial injuries, including dental damage, occur when riders strike the ground or other objects.
Parking and Pedestrian Conflicts
Improperly parked scooters create hazards for pedestrians. Scooters left in walkways, blocking ADA ramps, or obstructing doorways can cause falls.
Atlanta’s ordinance requires scooters to be parked upright on sidewalks with at least five feet of clear space for pedestrian traffic. They cannot block doorways, bike lanes, vehicle lanes, crosswalks, or parking areas.
If an improperly parked scooter causes a pedestrian fall, liability may rest with the rider who left it there. Identifying that rider can be challenging, but rental companies maintain ride history data.
Documentation After an E-Scooter Accident
If you are injured in an e-scooter accident, document the scene immediately if possible. Photograph the scooter including any identifying numbers, the location, road conditions, and any vehicles involved. Get contact information for witnesses.
Note the scooter rental company and take a screenshot of your rental session if you were riding. This information becomes important for identifying potentially liable parties and their insurance.
Seek medical attention promptly. E-scooter injuries can be more serious than initial pain suggests, and medical records document the connection between the accident and your injuries.
Time Limits for Claims
Georgia’s two-year statute of limitations applies to personal injury claims from e-scooter accidents. This deadline applies whether the claim is against another rider, a vehicle driver, the rental company, or a government entity.
Claims against government entities for infrastructure defects require ante litem notice within six months for cities or twelve months for state agencies. Missing these notice deadlines can bar the claim.
E-scooter accidents involve evolving law as cities adapt to this relatively new form of transportation. Multiple parties may share liability depending on the circumstances. This is general information about e-scooter injury claims in Georgia. Specific accidents require analysis of the applicable local ordinances and the conduct of all parties involved.