Shared electric scooters and e-bikes have become fixtures in Arizona's urban cores, especially around Arizona State University in Tempe, downtown Phoenix, and the University of Arizona in Tucson. They are convenient, but they have also produced a surge of injuries, to riders, pedestrians, and others, that the legal system is still catching up to.
A New Hazard on Arizona Streets
These devices can reach significant speeds, are often ridden on sidewalks and in traffic, and are used by people with little experience operating them.
Who May Be Liable
Liability in an e-scooter or e-bike injury depends on the circumstances. A negligent motorist who strikes a rider can be responsible. The scooter-share company may bear liability if a device was defectively maintained, if the brakes or throttle malfunctioned, or if the company failed to address known hazards. A rider who operates recklessly and injures a pedestrian can be liable to that pedestrian.
Municipalities that create or ignore dangerous road conditions may also play a role, raising the short government-claim deadlines.
App Agreements and Their Limits
Scooter-share apps require users to accept lengthy agreements that include liability waivers and arbitration clauses. These provisions can complicate a claim, but they are not always enforceable, particularly where a device malfunctioned or the company was grossly negligent. Do not assume that clicking 'I agree' eliminated your rights.
The enforceability of these terms is a developing area, and each situation should be evaluated on its facts.
After an E-Scooter or E-Bike Crash
Document the device (including its ID number), the scene, and your injuries; report any malfunction through the app and independently. Get medical care promptly, head injuries are common given the lack of protection. A free review can help untangle the overlapping liability and app terms that make these cases unusual.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.