Chicago Accident Lawyer Blog
Chicago has seen a sharp increase in e-scooter use, along with a rise in serious crashes and fatalities. The City recently launched a new e-scooter safety campaign following several deadly incidents involving scooters and motor vehicles. (FOX 32 Chicago) The e-scooter injury lawyers of Zneimer & Zneimer have seen a sharp rise in e-scooter cases in the last to years, most involving serious injuries.
For injured riders, one of the biggest questions is simple: If I was hit by a car while riding an e-scooter, do I have a case?
In many situations, the answer is yes.
E-Scooter Riders Have Rights Under Illinois Law
Under Illinois law and Chicago ordinances, e-scooter riders are not automatically at fault simply because they are riding a scooter. Drivers of cars still have a duty to keep a proper lookout, yield when required, avoid distracted driving, and safely share the roadway with vulnerable users such as bicyclists and scooter riders.
In Chicago, scooters generally are allowed in bike lanes and on certain streets. Chicago’s municipal code specifically provides that scooters are permitted on bike lanes and bike paths and may operate on streets where no bike lane exists. The ordinance also prohibits riding scooters on sidewalks in most situations.
Illinois guidance similarly recognizes that e-scooters may operate in bike lanes and on roads under certain conditions while prohibiting sidewalk riding in many situations. (Illinois Secretary of State)
That means an e-scooter rider lawfully using a bike lane is not some “illegal” roadway user. Drivers still must exercise reasonable care.
What If I Was Hit While Riding In A Bike Lane?
This is often one of the strongest liability scenarios for an injured scooter rider.
Common examples include:
- A driver turns across the bike lane without yielding
- A driver opens a car door into the bike lane (“dooring”)
- A driver drifts into the bike lane while distracted
- A vehicle passes too closely
- A rideshare or delivery vehicle suddenly stops in the bike lane
If you are riding properly within a designated bike lane and a car strikes you, there is a strong possibility the driver was negligent.
Chicago’s bike lanes are intended to separate vulnerable riders from vehicle traffic. When drivers invade those lanes or fail to look for scooter traffic before turning, severe injuries can result. Scooter riders have little protection from impact and frequently suffer:
- Head injuries
- Broken wrists and arms
- Leg fractures
- Facial injuries
- Spinal injuries
- Road rash and permanent scarring
Because scooters are smaller and less visible than cars, insurance companies often try to blame the rider. However, Illinois follows a modified comparative negligence system. Even if the scooter rider is partially at fault, compensation may still be available so long as the rider is not more than 50% responsible.
What If There Is No Bike Lane?
This situation becomes more complicated — but you still may absolutely have a case.
Chicago’s ordinance recognizes that scooters sometimes must operate on streets without bike lanes.
Illinois guidance also permits many scooters on roadways with speed limits up to certain thresholds.
So if you were riding on a regular street without a bike lane, the key questions often become:
- Were you riding in a lawful area?
- Was the driver speeding?
- Was the driver distracted?
- Did the driver fail to keep a proper lookout?
- Did the driver make an unsafe turn?
- Was visibility poor?
- Were roadway conditions dangerous?
Drivers frequently claim they “never saw” the scooter rider. That does not necessarily defeat the case. Illinois drivers have a duty to watch for all roadway users, including bicycles and scooters.
What About Riding On The Sidewalk?
This can create significant legal problems for a scooter injury claim.
Chicago generally prohibits operating e-scooters on sidewalks.
If a rider is illegally operating on the sidewalk when a crash occurs, the insurance company may argue comparative fault. However, even then, the rider may still have a claim depending on the facts. Drivers exiting alleys, parking garages, or driveways still have duties to avoid collisions.
Each case depends heavily on the exact location and circumstances.
Potential Defendants In An E-Scooter Injury Case
Depending on the facts, possible defendants may include:
- Negligent drivers
- Rideshare drivers
- Commercial vehicles
- Delivery companies
- Employers of negligent drivers
- Government entities for dangerous roadway design
- Scooter companies in limited circumstances involving defective equipment
In some cases, uninsured motorist coverage may also apply if the at-fault driver fled the scene or lacked insurance.
Important Evidence In Scooter Cases
Evidence disappears quickly after scooter crashes. Important evidence may include:
- Traffic camera footage
- Business surveillance video
- Helmet cam or dashcam footage
- App ride data
- GPS tracking
- Vehicle black box data
- Witness statements
- Police reports
- Photos of roadway markings and bike lanes
Insurance companies often attempt to argue the scooter rider was “hard to see” or operating unpredictably. Early investigation is critical.
Contact A Chicago E-Scooter Accident Lawyer
E-scooter crashes can cause devastating injuries, especially in dense Chicago traffic. As scooter use continues to grow across the city, questions involving bike lanes, roadway rights, comparative fault, and insurance coverage are becoming increasingly common.
If you were injured while riding an e-scooter in Chicago, whether in a bike lane or on a street without one, you may have a legal claim against the at-fault driver or other responsible parties.
The e-scooter injury lawyers of Zneimer & Zneimer P.C. can investigate the crash, preserve evidence, determine what ordinances apply, and fight to recover compensation for medical bills, lost income, pain and suffering, and permanent injuries. Call for a free consultation.