Electric Scooter Accidents: Rental Injuries in Georgia

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For a rider hurt on a rented electric scooter, the first legal question is what kind of vehicle the scooter is under Georgia’s traffic code. Several rules attach to a “motor vehicle,” a “moped,” or a “vehicle,” and Georgia’s definitions of an electric assisted bicycle and of an electric personal assistive mobility device each describe a particular kind of machine, so the design of the scooter matters.

What the Definitions Say

OCGA 40-1-1 defines a “vehicle” as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks” (OCGA 40-1-1(75)). A “motor vehicle” is “every vehicle which is self-propelled other than a personal delivery device, an electric assisted bicycle, or an electric personal assistive mobility device (EPAMD)” (OCGA 40-1-1(33)). An “electric assisted bicycle” is “a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor having a power output of not more than 750 watts” (OCGA 40-1-1(15.3)). An EPAMD is “a self-balancing, two nontandem wheeled device designed to transport only one person” with defined power and speed limits (OCGA 40-1-1(15.4)). A “moped” is “a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower,” capable of propelling the vehicle “at a speed not to exceed 30 miles per hour” (OCGA 40-1-1(28)). The definitions section contains no separate definition of an electric scooter; the word “scooters” appears there only among the mobility aids for persons with disabilities that are excluded from the definition of a personal transportation vehicle (OCGA 40-1-1(43.4)).

For example, imagine a stand-up scooter with two wheels in line, an electric motor, and no seat or pedals. It lacks the saddle and pedals the electric assisted bicycle definition requires, and it is not the self-balancing, two nontandem wheeled device the EPAMD definition describes, while the motor vehicle definition excludes only personal delivery devices, electric assisted bicycles, and EPAMDs from every self-propelled vehicle.

The Rules That Depend on the Classification

“Every person operating a moped shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application” (OCGA 40-6-350). The hands-free rules, by contrast, apply while a person is operating a motor vehicle on a highway, and bar physically holding or supporting a wireless device, with an exception for navigation use (OCGA 40-6-241(c)).

Claims Against the Rental Company

A company that leases, repairs, or maintains a product, or is otherwise involved in placing it in the stream of commerce in the course of its business, is a product seller, and in a strict-liability action a product seller is not a manufacturer and is not liable as one (OCGA 51-1-11.1(a), (b)). The strict-liability claim runs against the manufacturer of property sold as new that was not merchantable and reasonably suited to its intended use when the manufacturer sold it (OCGA 51-1-11(b)(1)).

Frequently Asked Questions

Does Georgia’s DUI statute reach a scooter rider?
The statute is written in terms of “any moving vehicle”: “A person shall not drive or be in actual physical control of any moving vehicle while” under the influence of alcohol “to the extent that it is less safe for the person to drive,” or with an alcohol concentration of 0.08 grams or more within three hours after driving (OCGA 40-6-391(a)(1), (5)).

What rules apply to a self-balancing device?
An EPAMD may be operated on highways and on sidewalks that keep a clear path for persons with disabilities; on a sidewalk its operator has a pedestrian’s rights and duties and must yield to pedestrians and wheelchair users, on a highway a motor vehicle driver’s rights and duties, and on a roadway it must travel in the direction of motor vehicle traffic (OCGA 40-6-320(a), (c)).

Can a city be liable for a pothole that threw a rider?
A municipality is relieved of liability for a defect in its street system when it was not negligent in building or maintaining the street, or when it had no actual notice of the defect, or when the defect had not existed long enough for notice to be inferred; a claim against a municipal corporation must also be presented in writing within six months of the event (OCGA 32-4-93(a); OCGA 36-33-5(b)).

Can the scooter’s maker be liable even though the rider did not buy it?
Yes, if the statute’s conditions are met. Privity is not required, and a rider of a rented unit is protected as a natural person who uses the product, as are others the product could reasonably affect (OCGA 51-1-11(b)(1)).

  • OCGA 40-1-1(15.3), (15.4), (28), (33), (43.4), (75); OCGA 40-6-350
  • OCGA 40-6-391(a); OCGA 40-6-241(c); OCGA 40-6-320(a), (c) (Georgia Commons text current through the 2025 Regular Session)
  • OCGA 51-1-11(b)(1); OCGA 51-1-11.1(a), (b)
  • OCGA 32-4-93(a); OCGA 36-33-5(b)

Disclaimer

This article provides general information about electric scooter injuries under Georgia law. It is not legal advice and does not create an attorney-client relationship. The rules that apply depend on how the scooter is classified, the terms of the rental, any local ordinance, and the specific facts. A person injured on a rented scooter should consult a licensed Georgia attorney promptly about the particular situation.

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