THE LAW ON ELECTRIC/E-SCOOTERS/DOCKLESS SCOOTERS
In New Port Richey, Clearwater, St. Petersburg, and Tampa electric scooters or e-scooters are becoming more and more prevalent. What are e-scooters or dockless scooters? A dockless scooter is an electric scooter that has a GPS and a self-locking mechanism so a user can leave the scooter at a location other than the rental facility after they finish riding. The four major suppliers of these scooters are Bird, Spin, Lime and Bolt. They charge your credit card to unlock the scooter and then charge per minute of riding. They currently travel at an approximate, top speed of 15 miles per hour.
Florida Statute 316.2128 governs e-scooters and dockless scooters. It states that an operator of a motorized scooter has all the rights and duties applicable to a bicycle rider. The statute further states that a person operating a motorized scooter or micro-mobility device is not required to carry insurance, nor have a driver’s license. Helmets are not required for riders over the age of 16. The statute also allows people operating the e-scooter/dockless scooter to operate these devices on sidewalks and in bike lanes. Local governments are allowed to further restrict these devices with local ordinances as well.
E-scooters, because they are treated like bicycles under the law, are going to face the same dangers as a bicyclist when operating on our public roadways. Riders will be entering and crossing city streets from the sidewalk, as well as crossing driveways and alleyways where at each intersection they could be met by a car, truck, or SUV that is not expecting them to buzz on by. Collisions with serious injuries will ensue as a result of these closer-than-anticipated encounters. We are already hearing reports of people who are suffering from head injuries such as concussions, and fractures, especially of the clavicle, collarbone, and extremities as a result of an e-scooter rider being struck by a motor vehicle. Pedestrians are also at risk of being hit by the e-scooter too. ‘Do not assume that the e-scooter rider will have any insurance either as it is not required under the Florida statute governing these devices. If you are injured on an e-scooter by another motor vehicle, then your PIP would apply if you owned a motor vehicle and carried this required coverage. We also recommend carrying uninsured/underinsured motorist coverage just in case the motor vehicle that hits you does not have bodily injury liability coverage. Lastly, as to insurance, if you are renting the e-scooter, purchase liability coverage is offered by the rental facility so that you will have coverage to protect those pedestrians whom you might strike while operating the e-scooter.
Before operating an e-scooter, make sure you have a full understanding of how the device works. Operate the scooter at a slow speed and practice turning and stopping before increasing your speed. Make sure you are aware of the bike laws in your area and any local ordinances pertaining specifically to e-scooters prior to traveling onto busy roadways. Only ride the e-scooter on smooth-paved surfaces as they are not designed for off-road use. Please wear a helmet, regardless of the legal standard as this will help protect your head from serious injury. Lastly, keep a watchful eye out for pedestrians and give way to them when approaching.
If you should have any further questions concerning e-scooters or suffer injuries in an e‑scooter accident, please contact our office for further information.
We are always here for you! Chuck