The rise of electric scooters has introduced a convenient and eco-friendly way to navigate Kentucky's bustling cityscapes. From Louisville to Lexington and beyond, these zippy devices offer a fresh alternative for short commutes and leisurely explorations. However, their growing presence has also brought a wave of questions and concerns, particularly regarding where they can be legally and safely operated. A common point of confusion for many riders is whether e-scooters are permitted on sidewalks. The answer isn't a simple yes or no; it's a complex issue governed by a patchwork of state laws and local ordinances.

This article will provide a thorough examination of Kentucky's e-scooter laws, offering clarity for riders and pedestrians alike. Understanding these rules is not just about avoiding a ticket—it's about ensuring the safety of everyone sharing our public spaces. An e-scooter accident in Kentucky can have serious consequences, and knowing the law is the first step in preventing one.

The Statewide Perspective on E-Scooter Operation in Kentucky

At the state level, Kentucky law addresses the operation of electric low-speed scooters in the Kentucky Revised Statutes (KRS) 189.289. This statute sets some foundational rules for e-scooter use across the commonwealth. According to state law, a person who is at least 16 years old is permitted to operate an e-scooter on highways, in bicycle lanes, and on bicycle paths.

Notably, the state law does not classify e-scooters as motor vehicles. This is a significant distinction, as it means that riders are not required to have a driver's license, vehicle registration, or insurance at the state level. Furthermore, Kentucky does not have a statewide mandate for helmet use while riding an e-scooter.

However, the state law includes a pivotal provision that gives local governments the authority to enact their own, more specific regulations. This means that while the state provides a general framework, the rules of the road—and the sidewalk—can change dramatically from one city to another. This is where many riders can find themselves in legal trouble, assuming that the absence of a strict state law means anything goes.

Parking on Sidewalks: A Limited Allowance

One interesting aspect of the Kentucky state law is its stance on parking. KRS 189.289 permits the parking of e-scooters on a sidewalk. However, this is not an unrestricted right. The scooter must be parked in a way that does not obstruct the normal flow of pedestrian or other traffic. This is intended to prevent sidewalks from becoming cluttered obstacle courses for people with disabilities, parents with strollers, and the general public.

City-Specific Sidewalk Bans: Where the Real Rules Lie

The freedom granted to local municipalities to regulate e-scooters has led to a variety of ordinances across Kentucky, many of which explicitly prohibit riding on sidewalks. This is a direct response to the safety hazards that arise when fast-moving scooters share a space with pedestrians. Here's a look at the rules in some of Kentucky's major cities:

Louisville's Strict Stance on Sidewalk Riding

Louisville Metro Government has taken a firm position on e-scooter use on its sidewalks. According to city ordinances, no person aged 11 or older is allowed to operate a bicycle or an e-scooter on any sidewalk within the city's geographical limits. This prohibition is even stricter in the downtown area, where no one of any age is permitted to ride on the sidewalks. The city has made it clear that e-scooters are to be operated in bike lanes or on the street, following all standard traffic laws.

Lexington's Clear "No Sidewalk Riding" Policy

The Lexington-Fayette Urban County Government also has a clear and unambiguous rule: e-scooters are not to be ridden on sidewalks. This regulation is in place to protect pedestrians and to encourage riders to use designated bike lanes and roadways. Signs are often posted in high-traffic areas to remind riders of this ordinance. The city's focus is on integrating e-scooters into the flow of vehicular traffic in a safe and orderly manner.

Other Kentucky Cities Following Suit

The trend of keeping e-scooters off sidewalks extends to other Kentucky communities as well. For instance, the city of Covington expressly prohibits the operation of motorized scooters on its sidewalks. Similarly, other municipalities have enacted or are considering ordinances that restrict or completely ban sidewalk riding. The overarching message from local governments is that sidewalks are for pedestrians, and the introduction of motorized devices creates an unacceptable level of risk.

The key takeaway for any e-scooter rider in Kentucky is to never assume that sidewalk riding is permitted. The responsibility falls on the rider to be aware of and comply with the specific ordinances of the city or county in which they are riding.

The Dangers of Sidewalk Riding and the Risk of an E-Scooter Accident in Kentucky

The primary reason for the widespread prohibition of e-scooters on sidewalks is safety. Sidewalks are designed for pedestrian traffic, which is typically slow-moving and predictable. E-scooters, which can travel at speeds of 15 to 20 miles per hour, introduce a dangerous dynamic into this environment.

Pedestrians can be easily startled by a fast and silent e-scooter approaching from behind. They may also make sudden movements, such as stepping out of a doorway or changing direction, that a scooter rider cannot anticipate. This can lead to devastating collisions. The risk is particularly high for vulnerable pedestrians, including the elderly, children, and individuals with visual or mobility impairments.

Recent national statistics highlight the growing problem of e-scooter-related injuries. A study by the University of California, San Francisco, revealed a dramatic increase in e-scooter injuries nationwide between 2017 and 2022. The U.S. Consumer Product Safety Commission has also reported a significant number of emergency room visits and even fatalities linked to e-scooters. While Kentucky-specific data is part of a broader category of "vulnerable roadway users," the national trend indicates a clear and present danger.

An e-scooter accident in Kentucky can result in a wide range of injuries, including

• Head injuries, such as concussions and traumatic brain injuries
• Fractures, particularly to the arms, wrists, and ankles
• Facial injuries, including broken bones and dental damage
• Severe cuts and abrasions, often referred to as "road rash"
• Internal injuries

Given these risks, it is understandable why so many communities have chosen to keep e-scooters off their sidewalks.

What to Do After an E-Scooter Accident in Kentucky

If you are involved in an e-scooter accident in Kentucky, either as a rider or a pedestrian, the steps you take immediately afterward can have a significant impact on your health and any potential legal claim: If you have sustained injuries in a Kentucky e-scooter accident, we strongly recommend taking the following steps:

1. Prioritize Safety and Medical Attention: Your first priority should always be your health. Move to a safe location away from traffic if you are able. Call 911 to report the accident and request emergency medical assistance, even if your injuries seem minor at first. Some serious injuries, like internal bleeding or concussions, may not have immediate symptoms.
2. Report the Accident to the Police: A police report is an invaluable piece of evidence. It will document the date, time, and location of the accident, as well as the parties involved and any witness statements. Be sure to provide the officer with a clear and accurate account of what happened.
3. Gather Evidence at the Scene: If you are physically able to, collect as much evidence as possible. This includes:
   • Photos and videos of the accident scene, including any road hazards, traffic signals, and the position of the scooter and any vehicles involved.
   • Pictures of your injuries and any damage to your property.
   • The names and contact information of any witnesses.
   • The name, address, and insurance information of any other parties involved.
4. Preserve the E-Scooter: If you were riding a rental scooter, do not simply end your ride and walk away. Take photos of the scooter, including its identifying number. If the scooter itself was defective, it is a key piece of evidence.
5. Avoid Making Statements to Insurance Companies: You may be contacted by an insurance adjuster for the other party or the scooter rental company. It is in your best interest to not give a recorded statement or accept any settlement offer until you have spoken with an experienced e-scooter accident attorney. These initial offers are often far less than what you may be entitled to.

Determining Fault and Seeking Compensation with the Help of an E-Scooter Accident Attorney

After an e-scooter accident, determining who is at fault is a critical step in pursuing compensation for your injuries. Kentucky follows a "pure comparative negligence" rule. This means that you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your award will be reduced to $80,000.

An experienced e-scooter accident lawyer in Kentucky can help you navigate the complexities of determining fault. This may involve:

• Investigating the accident to gather all relevant evidence.
• Interviewing witnesses and consulting with accident reconstruction experts.
• Determining if any traffic laws or local ordinances were violated, such as the prohibition on sidewalk riding.
• Identifying all potentially liable parties, which could include a negligent driver, a pedestrian who acted recklessly, the e-scooter rental company (if the scooter was defective or poorly maintained), or even a municipality (if the accident was caused by a hazardous road condition).

An attorney can also help you identify and calculate all of your damages, which may include

• Economic Damages: These are your tangible financial losses, such as medical bills, lost wages, and future medical expenses.
• Non-Economic Damages: These are intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Navigating the legal process after an e-scooter accident can be overwhelming, especially when you are recovering from injuries. An attorney can handle the legal heavy lifting, allowing you to focus on getting better.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

The laws surrounding e-scooters in Kentucky can be confusing, and the consequences of an accident can be life-altering. If you or a loved one has been injured in an e-scooter accident, you need a legal team that understands the nuances of these cases. At Brandon J. Broderick, Attorney at Law, we are dedicated to fighting for the rights of injury victims. We have the experience and resources to take on insurance companies and hold negligent parties accountable.

Don't let an e-scooter accident derail your life. Contact us today for a free consultation. We will listen to your story, explain your legal options, and help you understand how we can fight for the compensation you deserve. Call us now to speak with a dedicated e-scooter accident lawyer in Kentucky. Your path to justice starts here.