Electric scooter injury claims - what you need to know

Electric scooters –  also known as 'e-scooters' – can be a fun, quick and convenient way to travel. They let you skip around traffic and easily travel short distances.  

They’re also hugely popular. One study revealed that there were 3.6 million e-scooter riders in Australia as of 2022. But this rise in popularity also has a downside – and that’s the rise in the number of electric scooter injuries – for both riders and the pedestrians around them.  

Unlike motor vehicle accidents, there is currently no compulsory third party scheme for e-scooters, meaning that there is no mandatory insurance for e-scooter riders or pedestrians who have been injured in an e-scooter accident. 

Here we talk you through if e-scooters are legal in your state, what to do in an electric scooter accident, what you may be entitled for in an injury claim and how we can help.  

Are electric scooters legal in Australia?  

In Australia, there are currently no regulations preventing the sale or hire of e-scooters within any state or territory. However, despite being available for purchase and even hire nationally, the rules for riding differ within each state:  

• In Queensland the law allows the use of electric scooters in public spaces, along footpaths, some bike lanes and even some roads.  

• In New South Wales, the use of hired e-scooters is being trialled in various areas. Under these schemes you can ride a shared e-scooter only on designated bike paths, shared paths and roads. Personal e-scooters are only permitted to be used on private property. 

• In the Australian Capital Territory, e-scooter laws allow their use on footpaths, shared paths, bicycle paths and the bicycle side of separated paths. They can only use roads and separated footpaths in very specific situations. 

• In Victoria e-scooters are only permitted on roads that have a speed limit of 60km/h or less and on bike or shared paths. They’re not permitted on bike paths. 

• In South Australia the law allows e-scooters only on private property. They cannot be used on roads or road-related areas like foot paths, bike or pedestrian tracks or in parking areas. 

• In Tasmania e-scooters are permitted on footpaths, shared paths, bicycle paths and local roads which have a speed limit of 50km/h or less. Footpaths that have a ‘no personal mobility device’ sign are excepted, and e-scooters are not permitted.  

• In Western Australia you are allowed to ride your e-scooter on footpaths, bicycle paths and shared paths, on roads where there are no dividing lines, and the speed limit is 50 km/h or less and on bicycle lanes (on roads with a speed limit of 50km/h or less). 

• In the Northern Territory you are permitted to ride an e-scooter in public places, but only on footpaths, shared paths and bicycle lanes (unless prohibited).  

Our tip: before taking a ride, ensure you know the rules around riding electric scooters in the state or territory you’re in.  

E-scooter accidents 

The number of injuries from e-scooter accidents is worrying. The rise in popularity of e-scooters is mirrored by a rise in injuries from e-scooter hits and e-scooter crashes.  

A study examining data from the Royal Melbourne Hospital showed 256 e-scooter-related injuries in the year to January 2023. These included nine pedestrians who were hit by scooters, and about 30% of those involved in e-scooter crashes were found to be under the influence.  

What to do if I've suffered an injury from an e-scooter accident?  

Whether you've been hit by a scooter or injured in an e-scooter crash, you may be wondering what your rights are and how to claim compensation for your injuries.  It’s important to note that regardless of how the accident occurred or who was at fault, there are things you can do to protect your rights.  

What to do at the scene of an electric scooter accident 

• Remain calm and assess your injuries  

• Record details like the date, time and location  

• If possible, get details of the parties involved and any witnesses (including names, contact information, and details of the vehicle if there was a car involved)  

• Take photos of the accident from multiple points of view (as this will help to illustrate exactly what has happened and determine who was at fault)  

• Report the accident to the police. This is especially important if you aren’t able to gather the details of the other parties involved as this will mean there is a record of the incident. If the police attend, ask for the report number, name of the officer and their station.  

Seek legal advice  

If you’ve suffered an injury after being hit by a scooter or being involved in an e-scooter accident, it’s important to seek legal advice. A lawyer can help you to understand your options and any entitlements or compensation you might be able to claim. You may also be able to make a claim through your superannuation insurance.    

Do I have a claim? 

Whether or not you’re eligible to make a compensation claim following an electric scooter accident depends on a few things. These can include the circumstances of the accident and extent of your injuries. Even if you signed a waiver, that doesn’t mean you are no longer able to make a claim.  

Unfortunately, there is no secure way of identifying scooters and riders who have been involved in accidents. On top of this, the insurance and compensation schemes for e-scooter riders is unregulated. As a result, making a claim can be complicated and time consuming without the help of a legal expert.  

A legal expert, like one of our motor vehicle compensation claims lawyers, can explain your rights. And we can help you make a claim under the correct area of law.   

What can I claim for?  

If you have sustained an injury after being hit by a scooter or being injured on an e-scooter, you may be able to claim for things like:  

• Medical and hospital expenses (including at home care)  

• Loss of earnings  

• Pain and suffering  

Every case is different. And that’s why it’s vital that you seek legal advice. There may be things unique to your situation that you can claim for that you would otherwise be unaware of without legal advice.  

Once your lawyer knows the specific circumstances of your case, they will be able to give you a good idea of what you are entitled to claim.   

Shine Lawyers – we’re here to help    

If you have been injured in an electric scooter accident or suffered an injury after being hit by a scooter, Shine Lawyers can help.  

Our team of expert motor vehicle compensation claim lawyers can help you to understand your rights and access your full entitlements for any e-scooter injuries on a No Win, No Fee* basis. 

Our experts may also discover that you are eligible to access benefits through your superannuation. This is where our team are skilled in providing you with the tailored advice you need to achieve the best possible outcome.  

Call us today or make an enquiry online to organise an obligation-free discussion of your claim.  

*Conditions apply.