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What is Considered an Electric Scooter in Indiana?
In 2019, Indiana introduced legislation that targets electric scooters, offers official definitions of the devices, and establishes new safety requirements. Before filing a personal injury case involving an electric scooter, it is essential to understand whether the device meets the state’s criteria for being considered an electric scooter.
According to Indiana law, an electric scooter cannot weigh over 100 pounds. They are designed to be traveled on, have no more than three wheels, handlebars, and a floorboard, and be powered by an electric motor capable of traveling no more than 20 mph.
If the device in your personal injury case meets the eligibility criteria to be considered an electric foot scooter in Indiana, that device must abide by the state’s rules and regulations for scooter operators. Electric scooters are typically bound by the exact safety requirements as bicycles in Indiana unless otherwise instructed.
What Are Indiana’s Electric Scooter Laws?
Electric scooters, sometimes called e-scooters or electric foot scooters, are quickly becoming popular transportation across Indiana. However, as more and more of these devices are used in IN, more accidents happen, and there is a new concern about safety and the law. There are specific laws meant to govern the use of electric scooters in Indiana, such as speed limits, usage on public roads or sidewalks, and the responsibilities of scooter riders.
Indiana imposes an age requirement for riding electric scooters. An electric scooter operator must be at least 16 years old to use it on public pathways or roads.
Indiana does not currently mandate safety helmets for electric scooter riders. However, helmets are highly recommended, especially for those under age 18.
A special license is not required to operate electric scooters in Indiana. While they are a convenient mode of transportation, they are not classified in the same categories as motor vehicles; thus, a driver’s license is not required. Despite this, electric scooter riders are still expected to follow the rules of the road and operate their devices with proper care and respect for others who share the streets and sidewalks.
Electric scooters can be ridden on the streets of Indiana, but specific requirements must be upheld. Electric scooters are generally only allowed to operate on roads where the maximum speed limits do not exceed 35 mph. Electric scooter riders are encouraged to operate their devices in bike lanes or as close to the right-hand side of the road as possible. Interstate highways prohibit the use of electric scooters in Indiana.
What Happens if You Are in a Pedestrian Accident Involving an Electric Scooter?
Scooter riders are beholden to specific rules and regulations. If they violate any of these laws, they can be ticketed. They could be barred from recovering financial compensation for their injuries if they were involved in an accident while riding their scooter.
Common causes of electric scooter accidents include operator recklessness, lack of visibility, road hazards, adverse weather, and intersection collisions.
Whether you are a pedestrian who is injured in an accident with an electric scooter, or you are the scooter rider who was injured in an accident involving another vehicle or a negligent pedestrian, you have legal rights that deserve to be defended. Because electric scooters are relatively new to Indiana roads, there is not a lot of data about accidents, safety, or the need for new rules and regulations. Regardless, if you have been seriously injured, you need legal representation to defend your interests and help you seek fair financial recovery.
Even when the electric scooter rider or pedestrian is partially at fault for causing the accident, they may still be able to recover a settlement for their injuries and other losses. To learn more, please contact our Indiana law office.
Who Can Be Held Liable in Pedestrian Accidents?
Depending on the facts of your traffic accident case, liability could fall on various parties, involving multiple parties being held at fault.
At-fault parties that could be held liable for a pedestrian v. electric scooter accident may include the following:
- Bicyclists and motorcyclists
- Commercial vehicle drivers
- Electric scooter operators
- Government entities responsible for maintaining roads and sidewalks
- Negligent motorists and other third parties
- Pedestrians who behave recklessly or who do not pay attention
- Property owners who failed to address hazardous conditions
- Rideshare companies
- Vehicle manufacturers and scooter manufacturers
- And more
A thorough investigation is often necessary to determine liability in any personal injury case. Our attorneys will assist you throughout the investigation to help you gather evidence and establish fault in your personal injury claim.
What is Indiana’s Modified Comparative Fault System for Personal Injury Cases?
Indiana uses a modified comparative negligence doctrine in personal injury claims. This legal system recognizes that sometimes accidents can be caused by more than one person and that the victims themselves could be partially responsible.
A judge or jury determines how comparative fault is assessed for each party in a traffic accident. Under Indiana law, a party cannot recover a settlement in their lawsuit if their fault exceeds 50%.
If you are held partially responsible for your crash, your maximum compensation could be negatively impacted. You should work with professional legal representation to help get full compensation for your personal injury lawsuit.
How Can Personal Injury Attorneys Help Your Case?
Dealing with the aftermath of a pedestrian or electric scooter accident can be especially difficult when victims are still recovering from severe injuries and contending with lost wages and costly expenses. Pedestrian accident attorneys play a critical role in helping victims through the legal process while ensuring their rights are defended and maximizing the compensation they stand to recover.
Potential legal strategies that your personal injury attorney may consider for your case could include the following:
- A comprehensive investigation into the facts of the case, the evidence, and testimonies from witnesses to establish apparent negligence and the clear cause of the accident
- Documenting traffic violations could be a way of proving that a motorist or electric scooter operator was behaving negligently on the road
- It may be possible to demonstrate that the pedestrian had the right of way. If the pedestrian followed all the relevant traffic laws and was rightfully crossing an intersection or crosswalk, the other party should be held accountable for causing the crash
- Medical records and other forms of documentation can prove valuable in proving fault in personal injury cases
- Obtaining eyewitness accounts for what transpired at the scene of the crash. Additionally, surveillance footage may be obtainable that can paint a picture of what happened
- Police accident reports and statements from law enforcement officers could help prove fault in a pedestrian accident case
- Presenting physical evidence, such as photographs from the accident scene, vehicle damage, debris, skid marks, and visible injuries, to help prove your case
- Seeking professional assistance from expert witnesses such as the traffic accident reconstructionist
- Social media evidence, GPS data tracking analysis, and phone records can be used to establish negligence
What Damages Are Possible with a Successful Claim?
Injured pedestrians have every right to sue negligent electric scooter operators. However, it is unlikely that the rider’s insurance policy coverage will be adequate for the medical expenses and other bills related to the accident. Many insurance companies have exclusions for motorized vehicles and devices not included in their standard policies. Even when an electric scooter operator injures a pedestrian, the victim may have difficulty recovering substantial compensation to cover all associated expenses or judgments.
Potential financial recovery may include the following economic and non-economic damages:
- Past medical bills and future medical expenses
- Lost wages
- Reduced income-earning capacity
- Emotional distress and mental anguish compensation
- Physical pain and suffering compensation
- Disability, dismemberment, or disfigurement compensation
- Property damage
- Wrongful death damages
Schedule a Free Case Evaluation with Our Evansville Personal Injury Lawyers Today
As more electric scooters join the roads, the risk of accidents increases. Both electric scooter riders and pedestrians must familiarize themselves with popular safety tips for sharing the roadways with others.
Whether you are the injured pedestrian or the injured electric scooter operator in a collision, our experienced legal team is ready to represent your interests in pursuit of a fair financial settlement. To learn more about the benefits of retaining our professional legal counsel, please get in touch with us to schedule your free consultation with our attorneys today.
You can contact us by calling our Indiana law office at 812-213-4551.
