E-Scooter Accident Liability in DeLand: Legal Rights & Insurance Guide
Electric scooters have become increasingly popular in DeLand, offering residents and visitors a quick and convenient way to travel. However, as their presence on city streets has grown, so too have the number of serious injuries and fatal accidents. In recent local headlines, a DeLand teen was tragically struck and killed while riding a scooter, and other children have suffered critical injuries in similar incidents.
As personal injury attorneys serving DeLand and surrounding areas, we often receive questions about e-scooter accident claims, liability, and insurance coverage. This guide explains your rights under Florida law, common pitfalls to avoid, and how to preserve your claim if you or a loved one has been injured.
Statutory Classification and Where Riders May Legally Ride
Florida law classifies e-scooters as “micromobility devices” under § 316.003(61), Florida Statutes. Riders generally have the same rights and duties as bicycle operators under § 316.2065. E-scooters may be operated on streets and bike lanes unless prohibited by local ordinance.
In DeLand, the city has not enacted a blanket ban on scooter use, but riders must remain on designated roads, avoid sidewalks unless explicitly allowed, and follow all posted traffic rules.
Riders must be at least 16 years old. No driver's license or helmet is required by state law, although helmets are strongly recommended.
Comparative Fault in Florida Scooter Crash Claims
Under current Florida law, the injured rider may pursue damages only if their share of fault is fifty percent or less. If they are found to be more than fifty percent at fault, recovery is completely barred under Fla. Stat. § 768.81(6). This marks a departure from the prior pure comparative negligence rule, adopted in Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973), which permitted recovery regardless of the plaintiff’s fault level.
Liability may be apportioned among multiple parties, such as the scooter operator, a negligent motorist, the scooter manufacturer, or a municipal entity, so long as the rider’s fault remains at or below fifty percent.
Insurance Coverage After an E-Scooter Crash
Personal Injury Protection (PIP) under § 627.736, Florida Statutes, typically does not apply to e-scooter riders. Therefore, injured scooter riders often face significant medical bills without the benefit of their own auto insurance coverage.
If a negligent driver strikes a scooter rider, the rider may be able to recover under their own Uninsured/Underinsured Motorist (UM/UIM) policy, however, coverage depends on the specific policy language and whether the rider is considered a pedestrian under the policy terms.
If the scooter was rented through a scooter-share company and a mechanical failure or software malfunction contributed to the crash, the company may be liable under theories of negligence or product liability.
If the at-fault party is uninsured, a scooter rider may also explore recovery through the tortfeasor’s homeowner or rental policy, though these policies may exclude vehicular incidents.
Injury Types and Evidence Collection
Scooter crashes often result in serious injuries due to the lack of physical protection. Common injuries include:
- Traumatic brain injury
- Skull fractures
- Broken bones
- Internal bleeding
- Spinal cord injuries
- Road rash or degloving injuries
Documenting the injuries and the conditions of the scene is critical to the success of a claim. Photographs, medical records, and witness statements often become central to proving fault and damages.
On-Scene Checklist After a Scooter Crash
If you or a loved one is involved in an e-scooter crash in DeLand, or anywhere in Florida:
1. Call 911 and request police and medical response.
2. Take photographs of the scene, the scooter, the other vehicle(s), and any injuries.
3. Get contact information for any witnesses.
4. Request a copy of the accident report from the Police Department.
5. Preserve the scooter if possible, especially if it may have been defective.
6. Seek medical care promptly, even if injuries seem minor at first.
7. Do not give statements to insurance companies before consulting legal counsel.
Liability: Who May Be Responsible?
Liability in e-scooter cases often involves multiple parties:
- Motor vehicle drivers who fail to yield, drive distracted, or speed.
- Scooter companies who fail to maintain equipment or warn of dangers.
- Manufacturers of defective scooter components.
- Municipal entities who fail to maintain safe roadways or signage.
Each defendant may bear a portion of fault under Florida’s fault model, and identifying all possible sources of recovery is crucial, especially in cases involving catastrophic injury or death.
Statute of Limitations
Effective March 2023, Florida reduced the statute of limitations for negligence claims from four years to two years. This includes scooter accident claims. See § 95.11(4)(a), Florida Statutes. Delay in pursuing a claim may permanently bar recovery. Preservation of evidence, legal notice to defendants, and early investigation are all essential within this shortened timeframe.
Speak With an Injury Attorney
If you or a loved one has been injured in an e-scooter crash in DeLand, Daytona, Sanford, Orlando, or anywhere in Florida, contact My Affordable Attorney for a free consultation. We offer 25% contingency fee representation, significantly lower than the standard 33% -40% charged by most firms. Our team is available 24/7 and offer same-day consultations.