San Jose E-Scooter Accident Lawyer
Hurt on an E-Scooter? More Than One Party May Owe You.
Whether a car hit you, the scooter failed, or broken pavement threw you off, our San Jose e-scooter accident attorneys find everyone responsible: drivers, scooter companies, manufacturers, and the agencies that maintain the road.
$75+ million
recovered for injured clients
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No fee
unless we win
Available 24/7
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Small Vehicle. Serious Injuries. Real Claims.
E-scooters are easy, affordable, and everywhere, whether you rent one through an app or own your own. But an e-scooter offers almost no protection. Riders share the road with cars, trucks, and buses, and a crash that would dent a car’s bumper can leave a rider with a brain injury, a fractured skull or face, a spinal injury, or a shattered limb that needs surgery.
Many people assume a scooter crash is “just a fall,” or that the rider is automatically to blame. Neither is true. You may have a claim if:
A driver hit you while changing lanes, turning, or failing to see you
A pothole, broken pavement, or debris in a bike lane or roadway caused the crash
The scooter malfunctioned: brakes failed, the battery caught fire, or a part broke
You were a pedestrian or cyclist struck by a scooter rider
Your child was hurt riding a scooter
The consultation is free, and you pay nothing unless we win.
What to Do After an E-Scooter Crash in San Jose
Get medical attention right away.
Head and arm injuries are easy to underestimate, and early treatment protects both your health and your claim.
Call the police and make sure a report is filed.
A report is especially important when a driver or scooter company later disputes what happened.
Photograph the scene, the scooter, and your injuries.
Include the pavement defect or debris if that’s what caused the crash, since hazards get cleaned up or repaired.
Save your ride records.
For a rental, screenshot the app’s trip details, receipt, and the scooter’s ID number before anything changes.
Keep your own scooter, helmet, and damaged gear as they are.
A failed brake or broken part is the evidence in a defect claim.
Talk to us before you talk to insurers or the scooter company.
Their first goal is to limit what they pay.
Who Pays After an E-Scooter Accident?
The driver who hit you
When a driver’s carelessness caused the crash, their insurance is the first source of recovery for your medical bills, lost wages, and pain and suffering.
The scooter company or manufacturer
If the scooter malfunctioned because of poor maintenance, a battery problem, or a mechanical defect, the rental company or the manufacturer of the scooter or its parts may be responsible.
A city agency, contractor, or property owner
Potholes, uneven pavement, and debris can make a street dangerous. Depending on where the crash happened, the party responsible for the surface may be liable. Claims against a government entity have a six-month deadline.
A scooter rider who hit you
If you were walking or cycling when a scooter rider struck you, the rider, and possibly others, may be responsible for your injuries.
How We Find Everyone Responsible
E-scooter claims mix new technology, changing laws, and several layers of insurance. Scooter companies may point to user agreements that try to shift responsibility onto riders, and drivers often blame the rider, especially one who was young or not wearing a helmet. We answer with a thorough, fact-based investigation:
- Crash reports and witness statements
- Surveillance and dashcam footage from the area
- App trip data and vehicle data from the scooter
- Maintenance and repair logs for rental scooters
- Inspection of the scooter and parts by qualified experts
- Review of the rental company’s user agreement and its limits
Then we work with medical professionals to document the full scope of your injuries and their long-term effects, so your recovery reflects tomorrow’s limitations, not just today’s bills.
California E-Scooter Law: What Riders Should Know
Scooter riders follow the rules of the road
Despite a common assumption, e-scooter riders must obey California’s traffic laws. Confusion over this is a common cause of collisions, and it’s one of the first things an insurer will look at.
A license is required, and sidewalks are off-limits
California requires a valid driver’s license to ride an e-scooter, and scooters aren’t allowed on sidewalks, which pushes riders into traffic where there may be no bike lane.
Helmets are required for riders under 18
Helmets are strongly recommended for everyone. Not wearing one doesn’t automatically bar a claim, though it may be raised in a fault dispute.
Partial fault doesn't bar you, but deadlines do
Under California’s pure comparative negligence rule, your compensation is reduced by your share of fault, never eliminated. You generally have two years to file a lawsuit, and six months for claims against a government entity.
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San Jose E-Scooter Accident FAQs
What should I do immediately after an e-scooter accident?
Get medical attention and call the police to file a report. Photograph the scene, the scooter, and your injuries, and save any rental app records. Then call us before you speak with an insurer or the scooter company.
Can I bring a claim if I was riding a rented scooter?
Yes. Rental companies may try to rely on their user agreements to limit responsibility, but those terms don’t necessarily end your claim, especially against a driver who hit you. We review the agreement and every other source of recovery.
Can I file a claim if a defective scooter caused my accident?
Yes. If the scooter failed because of poor maintenance, battery problems, or a mechanical defect, you may have a product liability claim against the manufacturer or the rental company.
What if a pothole or poor road maintenance caused the crash?
Uneven pavement, potholes, and debris can all cause e-scooter crashes. Depending on where it happened, a city agency, contractor, or property owner could be responsible. Claims against a government entity must be filed within six months, so act quickly.
Do drivers have to watch out for e-scooter riders?
Yes. Scooter riders follow the rules of the road, and drivers owe them the same care as anyone else on it: respecting the right-of-way and keeping a safe distance.
Are helmets required when riding an e-scooter?
California requires helmets for riders under 18, and they’re strongly recommended for everyone. Not wearing one doesn’t automatically disqualify you from recovering, though it may be raised when fault is assessed.
Can I still recover if I was partly at fault?
Yes. Under California’s comparative negligence rule, you can recover even if you were partly to blame; your compensation is reduced by your share. We work to keep that share as small as the evidence allows.
Can parents file a claim if their child was hurt on an e-scooter?
Yes. Parents can bring a claim on behalf of a minor for medical expenses, pain and suffering, and long-term effects. A child’s injuries deserve especially careful attention to future needs.
Get Your Free, Confidential Case Review, 24/7
App data, footage, and road hazards can change or disappear quickly. The sooner you call, the more evidence we can preserve. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
