CLIENT ALERT – Major Changes to D.C. Laws Regarding Electronic Scooter Liability

Anyone who has spent time in the District of Columbia in recent years knows firsthand how prevalent electronic scooters have become. Zipping through parks, on sidewalks, and even on streets—they are everywhere.  The D.C. City Council has noticed too. In December 2020, the D.C. City Council passed new laws, which provide D.C. e-scooter users additional protections.

Prior to December 2020, e-scooter riders, like motorists, were subject to D.C.’s “contributory negligence” doctrine.  If an e-scooter rider were struck by a vehicle and injured, and a judge or jury found the e-scooter rider was just 1% responsible for his/her injuries in the collision, the e-scooter rider would lose at trial.  The “contributory negligence” standard is one of the harshest in the country and still applies to motorists in the District.

Under the December 2020 law, e-scooter riders are considered “vulnerable users of the road”.  Now, if an e-scooter rider is struck by a vehicle and injured, the e-scooter rider will only be barred from recovery if he/she is found to be than 50% responsible for the collision. This is true regardless of whether the e-scooter rider is on a road or a sidewalk.  This significantly increases the chances of prevailing at trial and swings settlement negotiations strongly in the e-scooter rider’s favor.

The next time you are in the District of Columbia and hop on an e-scooter, consider leaving those earbuds in your pocket, wear a helmet, and avoid riding on sidewalks densely populated with pedestrians.  If you get injured, a jury may consider any of these facts in determining whether you were more than 50% responsible for your injuries!

If you’ve been injured in an automobile accident, please contact the experienced personal injury attorneys at Bulman Dunie. Dan Shaivitz, lead personal injury attorney, can be reached at (301) 656-1177 or dshaivitz@bulmandunie.com.