Resources for Driver Negligence and E-Scooters, E-bikes, Skateboard and Bicycle Injuries

At the Law Office of Scott R. Herndon, we are dedicated to providing skilled legal representation for clients injured in motor vehicle accidents involving bicycles and a growing category of “micromobility” devices: e-scooters, e-bikes, and skateboards. These modes of transportation are increasingly prevalent on California roadways, parking lots, and sidewalks.

This webpage explores examples of injuries common to this kind of equipment, including cranial, maxillofacial (the jaws and face), and lower and upper extremity injuries, as well as spinal, abdominal, chest, soft tissue, and psychological injuries. We also provide relevant legal considerations surrounding such accidents.

(As always, this article intends to provide a useful starting point for understanding the nature of microtransit accidents and injuries, and does not constitute specific medical, scientific, or legal advice.)

Understanding Microtransportation and Its Risks

Micromobility systems refer to ultra-lightweight, typically single-person equipment used for short-distance travel, offering convenience and environmental benefits (Shah et al 2020). This mode of transportation is not only enjoyable, it provides affordable end-to-end assistance for people who use public transportation, allowing them to get to their final destinations efficiently (Tian et al 2022). According to National Association of City Transportation Officials (NACTO), there were an estimated 88.5 million e-scooter trips in the United States in 2019 alone, as compared to 38.5 million in 2018 (NACTO 2020).

Unfortunately, the relatively small size and vulnerability of microtransit vehicles can make riders susceptible to serious injuries in collisions with larger vehicles such as cars and commercial trucks, including head and face trauma (Perez-Zuriaga et al 2023), ankle and foot injuries (Kim et al 2024), and upper extremity injuries and fractures, among others (Fisher et al 2023; Ranson et al 2025).

Driver negligence remains a primary concern in these accidents. Microtransit vehicles tend to navigate on sidewalks with pedestrian traffic, but they also are swift enough to move through cars on the road, and switching between moving traffic and the sidewalk is common, especially when a rider must move into the road to avoid large groups of pedestrians. Our cities often require microtransit users to park their scooters or e-bikes on the shoulder of the road, and simultaneously prohibit riding in moving traffic. As researchers have noted, this implicit endorsement of riding between these two zones can be problematic and lead to unpredictability (Shah et al 2021). Even further, drivers may not see microtransit users in the sidewalk, crossing entrances to parking lots, or entering crosswalks. In such circumstances, when a driver turns in front of a microtransit user, the risk of a severe head injury to these riders is especially high when the impact is to the side of a car (Perez-Zuriaga et al 2023).

E-Scooter Injuries

The proliferation of e-scooters has coincided with a rise in injuries to riders and pedestrians. Epidemiological data reveals the scope of this issue, highlighting contributing factors. Studies in journals such as Journal of Safety Research document a significant increase in e-scooter-related injuries [Shah et al 2021; Perez-Zuriaga et al 2023]. The data shows an alarming trend in head trauma, fractures, and extremity damage, necessitating increased awareness and safe practices.

Common E-Scooter Injury Types

E-scooter accidents frequently result in a range of injuries. Cranial injuries are common, including concussions, traumatic brain injuries (TBIs), and skull fractures are common. So too are maxillofacial injuries, such as facial fractures, lacerations, and dental trauma, often resulting from falls or direct impact. Lower extremity injuries, including fractures of the legs, ankles, and feet, are frequent due to the rider’s exposed position (Kim et al 2024; Ranson et al 2025). Upper extremity injuries are common as well, with wrist fractures and shoulder injuries resulting from falls or direct impacts with cars. Given that many riders experience lacerations and contusions, with expected resultant emotional and psychological trauma such as PTSD, it is widely accepted in the literature that e-scooters leave riders especially vulnerable to trauma (See for instance, Benhamed et al 2022).

Driver Negligence in E-Scooter Accidents

Driver negligence can play a significant role in e-scooter accidents. Distracted driving, driving under the influence, speeding, failure to yield, aggressive driving, and unsafe lane changes all may contribute.

E-Bike Injuries

E-bikes, while offering a convenient mode of transportation, also present risks, particularly to riders and pedestrians. Analyzing epidemiological data is crucial for understanding e-bike-related incidents. Research indicates a rise in e-bike-related injuries (Rauer et al 2023). Emergency departments in the US and around the world report increasing numbers of individuals seeking treatment for e-bike injuries (Scaramuzza et al 2014).

Common E-Bike Injury Types

E-bike accidents often result in a wide range of injuries, which researchers have found is more similar to bicycle accidents than motorcycle accidents (Sporri et al 2021). Cranial injuries, including concussions and TBIs, are common, especially when riders do not wear helmets. Maxillofacial injuries, such as midfacial fractures, lacerations, and dental trauma, can occur in falls or collisions (van der Zaag et al 2021). Lower extremity injuries, including leg, ankle, and foot fractures, are frequently reported (Rauer et al 2023), as are upper extremity injuries that can result in fractures and muscle tears. In addition, nerve damage is possible, and spinal injuries, lacerations, organ damage, broken ribs and emotional or psychological trauma (Sharwood et al 2021).

Driver Negligence in E-Bike Accidents

Driver negligence is a significant concern in e-bike accidents. Drivers engaged in distracted driving are less likely to react to e-bike riders. Driving under the influence significantly impairs judgment. Speeding, failure to yield, aggressive driving, and unsafe lane changes also contribute, highlighting the potential role of driver error in causing e-bike collisions.

Section 3: Skateboard Injuries

Skateboard and E-Skate Injuries: A Growing Concern

While skateboards have been around for decades, they continue to contribute to injuries to riders and pedestrians, especially when the skateboard is equipped with battery propulsion, and is often linked to driver negligence. A variety of factors contribute to these injuries.

Common Skateboard Injury Types

Skateboard accidents commonly result in a mix of impact and abrasion injuries, which can range from mild to severe depending on the circumstances. Cranial injuries are frequent, ranging from concussions to more severe TBIs, especially when riders don’t wear helmets. Maxillofacial injuries, such as facial fractures, lacerations, and dental trauma, can occur due to falls. Upper extremities also contribute to spinal injuries, as well as lacerations, contusions, and psychological trauma post-injury. Also, lower extremity injuries such as ankle and wrist sprains, knee damage, and fractures are common in skateboard accidents with motor vehicles, as would expected from any crash with a vehicle (Sharood et al 2021).

Driver Negligence in Skateboard Accidents

Driver negligence is a concern in any MVA involving a skateboard or e-skateboard. Drivers who are texting or talking on the phone are less likely to notice skateboard riders and react to avoid collisions. Driving under the influence impairs judgment and motor skills. Exceeding the speed limit and driving too fast for conditions increases the likelihood of accidents. Failure to yield, aggressive driving, and unsafe lane changes all contribute to skateboard accidents.

How Does Driver Liability in Microtransit Accidents Compare to Bicycle Accidents?

While negligence principles apply to both types of accidents, the specific circumstances of these accidents often differ, impacting the likelihood and severity of driver liability.

While failure to yield constitutes a breach of a driver’s responsibility to all road users, its impact varies considerably. Cognitive psychology tells us that our attention isn’t equally distributed. Drivers are inherently less likely to notice smaller or less conspicuous objects.

Drivers may be less likely to observe the roadway and sidewalks for e-scooters and skateboards, which, due to their size, their riding height and often unpredictable movement, demand more focused attention. This inattention can lead to drivers to turn into the path of micro-mobility devices, entering intersections without enough space, or misjudging their speed. This may trigger a finding of negligence.

Where Are Microtransit Accidents Most Likely to Occur, and How Does This Affect Driver Liability?

Emerging research highlights specific locations where micro transportation accidents are disproportionately common, impacting the assessment of driver negligence.

Studies published in journals such as Transportation Research Part D: Transport and Environment and Journal of Urban Planning and Development have examined the spatial distribution of e-scooter accidents (Shah et al 2021; Toofany et al 2021). Common areas include:

· Crosswalks and Intersections: Drivers failing to yield the right-of-way to e-scooters, e-bikes, or skateboards while turning or entering intersections are a frequent cause of accidents, particularly in urban areas.

· Parking Lots: Low-speed collisions in parking lots or parks, often resulting from drivers backing up without adequately checking for micro transportation devices. Limited visibility and distracted driving contribute to these incidents.

· Sidewalks and Points of Ingress/Egress: Despite regulations prohibiting or limiting sidewalk use in some jurisdictions, many e-scooter and skateboard accidents occur on sidewalks or at points where riders are transitioning between sidewalks and roadways. Drivers failing to anticipate or yield to riders at these locations can trigger a finding of negligence in certain circumstances.

These location-specific risks highlight areas where drivers have a heightened duty of care. A driver’s failure to anticipate and account for the presence of microtransit riders in these common accident locations can strengthen the argument for driver liability.

Does Driver Negligence increase the frequency and intensity of accidents with small vehicles?

Of course, driver behavior is also a fundamental concern for questions of negligence and liability. For instance, speeding and aggressive driving increases kinetic energy, which in turn increases the probability of a catastrophic or even fatal injury to a microtransit rider (Perez-Zuriaga et al 2023).

Drivers also have a duty to operate their vehicles safely while being aware of road conditions. Everyone knows that potholes, obstructions, and uneven surfaces disproportionately affect microtransit riders. It is therefore every driver’s responsibility to anticipate these issues and respond by driving safely.

The Law Office of Scott R. Herndon: Protecting Your Rights

The Law Office of Scott R. Herndon and our team of experts rigorously analyzes questions of negligence in every microtransit case we handle. Proving liability (fault) requires a comprehensive understanding of driver behavior, environmental conditions, and epidemioglogy. At the Law Office of Scott R. Herndon, we take pride in connecting all of these issues and advocating effectively on our clients’ behalf.

This work involves several key elements: reviewing police reports and witness statements, analyzing traffic camera footage and the expert creating of objective accident reconstruction data, consulting with medical experts to assess the extent of your injuries, negotiating with insurance companies to reach a fair settlement, and litigating your case in court, if necessary.

If you or a loved one has been injured in an accident involving an e-scooter, bicycle, e-bike, or skateboard, it is crucial to understand your legal rights and options. California law provides recourse for victims of negligence, enabling to seek compensation for their injuries, medical expenses, lost wages, and other damages such as pain and suffering.

We recognize that navigating the legal process can be overwhelming, especially while you or a loved one is recovering from injury. That is why we are committed to providing compassionate support and personalized attention to each of our clients. We will guide you through every step of the process, answer your questions, and keep you informed of the progress of your case.