Can I Sue if I’m Hit by a Car While Riding an E-Scooter in California?

 Posted on April 28, 2026 in Car Accident

You can sue if you are hit by a car while riding an e-scooter in California. E-scooter riders have the same right to seek compensation as anyone else who is injured because of another person's negligence on the road. According to the U.S. Consumer Product Safety Commission, there were an estimated 360,800 emergency department visits related to micromobility devices over a recent five-year period, showing just how common and serious these injuries have become. If you were hurt while riding an e-scooter in 2026, a Santa Clara County, CA personal injury lawyer can help you understand your rights and fight for the compensation you deserve.

Do E-Scooter Riders Have Legal Rights on California Roads?

E-scooters are generally limited to roads with speed limits of 25 miles per hour or less and are allowed in designated bike lanes under California law. Riders also have the right to expect that drivers around them will follow traffic laws and act responsibly. When a driver fails to do that, and someone gets hurt, the injured rider can pursue a personal injury claim.

Who Can Be Held Responsible After an E-Scooter Accident in CA?

The person or party responsible for your injuries depends on what caused the crash. In many cases, the at-fault driver is the primary defendant. However, there can be other responsible parties depending on the circumstances. These include:

• A negligent driver who ran a red light, made an unsafe turn, opened a car door in your path, or was distracted while driving

• A government agency, if a dangerous road condition, poor signage, or a poorly designed bike lane contributed to the crash

• An e-scooter company, if a mechanical defect in the scooter caused or contributed to the accident

• A property owner, if a hazardous condition on private property played a role

Identifying every responsible party matters because it affects how much compensation you may be able to recover and from which sources.

What Compensation Can You Recover After an E-Scooter Accident?

E-scooter accident injuries can be serious. Riders have very little physical protection compared to drivers, which means collisions often result in broken bones, head injuries, road rash, spinal injuries, and, in some cases, permanent disability.

California law allows injured riders to seek compensation for:

• Medical bills, including emergency care, surgery, physical therapy, and future treatment

• Lost wages for time missed from work during recovery

• Lost earning capacity if the injuries affect your ability to work long-term

• Pain and suffering, and the emotional impact of the injuries

• Property damage to the scooter or any personal belongings

The total value of a claim depends on how serious the injuries are and how they have affected your life.

How Does California's Fault System Affect Your Case?

Under California Civil Code § 1714, people are responsible for injuries caused by their lack of ordinary care and California follows a pure comparative fault rule. This means you can recover compensation even if you were partly at fault for the accident. Your total recovery is simply reduced by your percentage of fault. For example, if you were found to be 30 percent at fault and your total damages were $100,000, you would recover $70,000.

This is different from states that bar you from recovering anything if you were more than 50 percent at fault. In California, even if you were mostly at fault, you can still recover something. That said, the other side will often try to assign as much fault to you as possible to reduce what they owe, which is one reason having an attorney on your side matters.

Can You Still Get Compensation for an E-Scooter Accident if You Were Not Wearing a Helmet in CA?

California law requires e-scooter riders under the age of 18 to wear a helmet. Adult riders are not required to wear one under state law, though some local ordinances may differ. If you were not wearing a helmet and you suffered a head injury, the defense may argue that your injuries were made worse by the lack of protection and try to use that to reduce your recovery under the comparative fault rule.

This does not automatically prevent you from recovering compensation. But it is something your attorney needs to know about upfront, so it can be addressed in how your case is presented.

Schedule a Free Consultation With Our San Jose, CA E-Scooter Injury Lawyer

The Santa Clara County, CA personal injury attorney at Fuller Law Firm believes that every client and their family deserves someone to give them a voice in a complex system. Every case is different, but most people are simply looking for a way to get their lives back on track after something that was not their fault. We are here to advocate for you and navigate the system to fight for the best possible outcome. Call 408-234-7563 to talk about what happened and find out what your case may be worth.