For the past decade or so, e-scooter rental services such as Divvy, Lime, and Spin have become more and more common in Chicago. It’s easy to see the appeal: with a convenient tap of their phone, visitors and locals alike are able to rent eco-friendly, affordable transportation from hundreds of locations citywide to sightsee, commute, or simply go on an adventure.
However, as more and more individuals embrace e-scooters, there are many others who have valid concerns. While convenient and thrilling to use, e-scooters come with very real health and safety risks not just for the riders themselves but also for pedestrians, cyclists, and drivers who may be sharing the same streets or sidewalks. Accidents involving e-scooters often have the potential to be life-threatening, and because of the new and limited legal framework associated with these rental services, receiving compensation for an e-scooter injury can be more complicated than other types of accident lawsuits. In the sections below, our firm will break down these nuances and what you can do if you’ve been affected.
The Popularity of Electric Scooters in Chicago
The availability of e-scooter rental services has existed in the U.S. for close to a decade. However, since their introduction in Chicago, ridership has rapidly taken off. E-scooters are now so popular among Chicago residents and visitors that the city now offers Divvy, its own brand of electric bikes and scooters contracted by Lyft. Within the last two years, Divvy’s fleet has expanded to offer over 17,000 e-bikes and 1,500 e-scooters to Chicagoans and visitors, allowing commuters and tourists alike to enjoy a low-cost and sustainable transportation option.
However, the transition hasn’t always been without issue. While exact statistics are limited for e-scooter accidents that occur in Chicago, nationwide, there have been an estimated 164 fatalities and 37,200 treated injuries involving e-scooter rentals between 2017 and 2023, according to the Consumer Product Safety Commission (CPSC).
As the number of riders has increased, so has the number of incidents. While there was only 1 recorded death in 2017 (the year when e-scooter rentals first began to take off in the U.S.), in 2023, there were 41 recorded deaths attributed to e-scooter rentals, a dangerous trend for those looking for safe, low-cost transportation options.
What Are the Risks of Electric Scooters?
To many, e-scooters might seem like a safe and simple way to get around, but their increasing presence on city streets and sidewalks has revealed several major risk factors for both riders and pedestrians. Similar to bicycles, scooters offer little protection for their operators. There’s no seatbelt, no helmet requirement, and no frame to absorb impact in a crash. The scooter’s small wheels also make it more susceptible to losing control due to uneven pavement, potholes, or wet surfaces.
These aren’t the only mechanical issues that pose concerns. Brake failures, loose handlebars, unresponsive throttles, and other defects have all contributed to reported accidents in the past. Unlike cars, where a minor defect might result in an inconvenient breakdown, a scooter malfunction can cause an immediate crash, resulting in serious and even life-threatening injuries. To make these issues worse, e-bike maintenance can often be poorly regulated, and there is little way for riders to know whether the e-scooter they’re renting has defects, outstanding repairs, or has caused an accident in the past.
There’s also a concern when it comes to the act of riding itself. Local laws in Chicago prohibit e-scooter use on sidewalks and require e-scooter riders to share the road with cars and cyclists. While the sidewalk ban is generally considered safer for pedestrians, it doesn’t do anything to protect riders from reckless drivers.
Finally, while the sidewalk ban has generally resulted in a lower incidence of e-scooter-pedestrian collisions, some riders either ignore this rule or don’t know it exists. As a result, pedestrians walking in urban neighborhoods are sometimes struck from behind by riders going too fast or forced to dodge scooters that are weaving between foot traffic. Because e-scooter rental services are still considered somewhat new to the Chicago area, it’s not uncommon for rider inexperience to be a factor in these types of accidents. However, this isn’t an excuse when it comes to designating liability.
Safety Tips for Scooter Riders and Pedestrians
While not every electric scooter accident can be avoided, there are practices that both scooter riders and pedestrians can employ to minimize their risk. For scooter riders, the most important safety measure is wearing a helmet. Although not required by Chicago law for adults, helmets drastically reduce the risk of head trauma in the event of a crash. Riders should also inspect their scooter before taking off by checking brakes, tires, throttle, and lights to make sure everything is functioning properly. If anything seems off, it’s best to choose a different scooter or find another mode of transportation. Additionally, you’ll also want to ease into your ride at a slower speed to ensure there are no hidden issues with the motor or steering.
Once you’re on the road, the best practice is to apply the same laws and precautions as other drivers and cyclists. This means obeying all traffic laws, signaling turns, avoiding distractions like phones or headphones, and yielding to pedestrians. Riders should also stick to designated bike lanes whenever possible and never ride on sidewalks. Additionally, consider taking less congested routes with lower levels of traffic to help reduce your chances of an accident.
For pedestrians looking to avoid a collision with an e-scooter rider, there are also precautions you can incorporate into your commute. The best practice is to stay alert at all times, especially if you are walking in areas where e-scooters are known to frequent. When doing so, look both ways when crossing the street, and keep your ears open to listen for any potential e-scooters approaching from behind.
What Should You Do If You’ve Been Involved in an Electric Scooter Accident?
Accidents involving e-scooters can result in severe and even life-threatening injuries. However, if another party was responsible for your injuries, you may have legal options that allow you to recover compensation for your medical expenses, loss of income, emotional trauma, and other damages. After an accident, it’s important to take several key steps to preserve your ability to file a strong claim.
First, seek immediate medical attention, even if your injuries are minor. This will not only uncover any hidden injuries you may have sustained, but it will also result in essential documentation that you’ll need to initiate your case. In most serious e-scooter accidents, it will be necessary to call 911 and request emergency services. Once you’ve been seen by a medical professional, make sure to also follow up with the police to file or request a traffic report on the incident.
If you are safely able to remain at the scene of the accident, a traffic report will likely be conducted there. Make sure to answer all questions honestly, but avoid any statements that may be misinterpreted as admitting guilt. Additionally, collect any evidence that may be helpful to your case while there, including pictures of the scooter, your injuries, the accident site itself, and any vehicles that may have been involved.
If you were the scooter rider, take down the serial number on the scooter, the name of the rental company, as well as the contact information of the driver and any witnesses who may have seen the accident take place. If you were a pedestrian hit by an e-scooter, take down the contact information of the e-scooter rider in addition to witness contact information.
The final step is to contact a scooter accident attorney to initiate your claim. Our scooter accident lawyers will be able to assess your case through a free consultation and guide you through the process.
If You’ve Been Hurt, Get in Touch With Our Chicago Scooter Accident Attorneys
Regardless of whether you’re for or against the use of e-scooter rental services in Chicago, the reality is that they are here to stay for the foreseeable future. What we can do is advocate for their safe use, understand the risks, and have a plan in place if an accident occurs.
If you’ve been involved in an e-scooter accident in Chicago, Power Rogers can advise you on what to do next and help you pursue compensation to address your injuries. Our scooter accident attorneys have decades of experience in handling a wide variety of accident claims through thorough investigation skills, detailed evidence collection, and strong settlement negotiation strategies. To get started, contact us today for a free consultation.
