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Motor Vehicle Accidents

Electric Scooter Accident Injury Compensation

By LHD Lawyers

In your trips to the city or during your daily commute, you may have noticed a new type of vehicle moving down the street: electric scooters. These personal mobility devices (PMDs) have been all the rage in Australia for the past five years. Currently, many cities allow you to rent them, and in some states, you can even own your own e-scooter to use for recreation and daily commutes.

But just like any other vehicle, e-scooters are bound to become involved in accidents. When that happens, Australians need to know if and how they can claim accident injury compensation. 

By the end of this article, you’ll have learned the processes and guidelines involved with filing an electric scooter accident claim, along with the following key takeaways:

  • The legality of e-scooters in Australia and its various states
  • How common electric scooter crashes are
  • What to do if you’re injured in an e-scooter accident
  • Whether you can make a claim if a car hits your scooter
  • Whether you can make a claim if you’re a pedestrian who was injured by an electric scooter

Are electric scooters legal in Australia?

 If you’re thinking about joining the e-scooter craze, you should check the laws and regulations in your state first. That’s because, as of the writing of this article, privately owned electric scooters are allowed on the road only in certain states.

Each of those states also has its own rules regarding safety. For example, they may require that when people ride scooters, they always wear a helmet or only get up to a specific speed.

Below is a table showing each state and the two major territories of Australia, the legal status of personal e-scooters in that state, and the relevant legislation or rules.

 

State/Territory Legal Status of Personal E-Scooters
Victoria Legal
Queensland Legal
New South Wales Illegal; rental e-scooters only in trial areas
South Australia Illegal; rental e-scooters only in trial areas
Western Australia Legal
Tasmania Legal
Northern Territory Illegal; rental e-scooters only in trial areas
ACT Legal

 

It’s important to note that in NSW, SA, and ACT, certain cities are conducting e-scooter trials in which they allow Australians to hire them out (i.e. rent them) through rideshare programs. But if you live in these states and own your own electric scooter, you can only ride it on your private property, never on public roads.

How common are electric scooter accidents in Australia?

Electric scooter riders have an estimated injury rate of 60 per 100,000 trips according to one study from 2020. Accidents involving these personal mobility devices are becoming more and more common, mainly because the number of people using them is growing.

In a study of e-scooter injury patterns and their economic impact in Melbourne, Royal Melbourne Hospital reported a total of 256 e-scooter related injuries in 2022. In the previous decade, 2010-2020, RMH recorded only five such cases. Thus, the increase in injury was 251. 

This rapid rise likely correlates with the increase in rideshare programs like Lime and Neuron since 2018, as well as the rise in the number of private scooter owners to at least 250,000 in 2022.

What should you do if you’re injured in an e-scooter accident?

If you are ever injured in an e-scooter accident, here are the steps you should follow:

  • Get yourself and your scooter off the road and out of the way of traffic.
  • Assess your injuries and call 000 to contact the emergency department if you or someone else needs immediate medical attention.
  • Take photos of the accident.
  • Get the contact details of the other e-scooter driver.
  • Get medical attention, either at a hospital or from your doctor.
  • File a police report for the incident.
  • Contact LHD Lawyers to discuss filing a personal injury claim.

Can you make a claim if a car hits your scooter?

 You can file a claim if a car hits you while you’re riding an e-scooter. The driver has motor vehicle insurance under their compulsory third-party (CTP) insurer, which covers damages if they crash into people or vehicles.

Can you make a claim if you’re a pedestrian injured by an electric scooter?

E-scooter drivers aren’t the only ones who are injured in their accidents; pedestrians are at risk, too. In the Melbourne study we referenced earlier, nine of the 256 patients admitted to RMH for electric scooter injuries were pedestrians.

If you’re ever involved in an electric scooter accident as a pedestrian, get legal advice as soon as possible to discuss paths toward compensation. Which type of claim you file – personal injury or public liability – could depend on whether the scooter was privately owned or part of a rideshare. Also, you may need to file a claim directly with a state authority, like the Transport Accident Commission in Victoria.

The case could get complicated quickly, so don’t hesitate to reach out to LHD Lawyers as soon as you’ve recovered from your injuries.

And remember to:

  • Take photos
  • Get the e-scooter driver’s contact information
  • Undergo a medical assessment of your injuries
  • File a police report

How do you make an electric scooter accident claim?

 In the event that you need to make an electric scooter accident claim, do the following:

  • Gather evidence to support your claim. This may include your medical bills, test results, photos of the accident, and receipts for any costs that were associated with the treatment of your injuries.
  • Contact an experienced lawyer who is well versed in personal injury claims and motor vehicle accident compensation.

Make a claim today

If you’ve been injured in an electric scooter accident or any type of motor vehicle accident, LHD Lawyers can help you receive the benefits you’re entitled to. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. Call us at  1800 455 725 to arrange a consultation.

Author: James Bodel

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