E-scooters are now a familiar sight on New Jersey streets, bike paths, and in busy downtown areas. But after a crash, the rules that apply to these devices can have a direct effect on a personal injury claim. Where the scooter was being ridden, whether the rider followed applicable traffic laws, and who caused the collision can all affect how liability and compensation are determined.
New Jersey has specific laws for low-speed electric scooters, including rules about where they may be operated and which traffic laws apply. Understanding those rules is especially important when an insurance company argues that the scooter rider contributed to the accident.
Key Takeaways: How New Jersey E-Scooter Laws Affect an Accident Claim
- New Jersey e-scooter laws can affect liability and compensation after a crash.
- Low-speed electric scooters may generally be operated on streets, roadways, highways, and bicycle paths, subject to state and local restrictions.
- A low-speed electric scooter does not require registration or a driver's license under New Jersey's e-scooter law.
- New Jersey's modified comparative negligence rule may reduce an injured rider's compensation if they share responsibility for the crash.
- Motorists have specific duties when approaching or passing low-speed electric scooters under New Jersey's Safe Passing Law.
- Insurance coverage for e-scooter injuries can differ significantly from coverage in a traditional car accident.
- Strong evidence gathered early can help establish how the crash happened and who was responsible.
What Is Considered an E-Scooter Under New Jersey Law?
New Jersey law uses the term low-speed electric scooter for a specific type of device. Generally, it is a scooter with a floorboard that the operator can stand on, handlebars, and an electric motor that can propel the scooter at a maximum speed of less than 19 mph.
That definition matters because not every motorized device that looks like an e-scooter necessarily falls into the same legal category. Faster scooters or differently designed vehicles may be subject to other rules.
For low-speed electric scooters that meet New Jersey's definition, many bicycle-related traffic rules apply. Riders should also be aware that municipalities and state agencies may impose additional restrictions in certain locations.
Where Can E-Scooters Be Ridden in New Jersey?
Under New Jersey law, low-speed electric scooters may generally be operated on streets, highways, roadways, and bicycle paths. However, there are important exceptions.
Local governments and state agencies may prohibit e-scooters on bicycle paths under their control. Restrictions may also apply to certain trails or other recreational areas. Because local rules can vary, where the accident occurred can become important when determining whether a rider was operating the scooter lawfully.
Sidewalk rules can also vary by location. New Jersey does not impose a general statewide ban on bicycle riding on sidewalks, and many bicycle rules also apply to low-speed electric scooters. However, municipalities and other government entities may restrict scooter or bicycle use on sidewalks under their jurisdiction. Because local ordinances differ, whether sidewalk riding was permitted can depend on exactly where the crash occurred.
A low-speed electric scooter may generally be parked on a sidewalk as long as it does not interfere with the normal movement of pedestrians or other traffic.
Common locations where e-scooter crashes occur include:
- Public streets and intersections
- Bicycle lanes and bicycle paths
- Commercial parking lots
- Residential neighborhoods
- Sidewalks or other areas subject to local restrictions
An attorney will examine whether the scooter was permitted in the location where the collision occurred, whether any applicable traffic or local rule was violated, and whether that violation actually contributed to the crash.
Do You Need a License or Registration to Ride an E-Scooter in New Jersey?
Under New Jersey's current low-speed electric scooter law, a rider does not need a driver's license to operate a qualifying low-speed electric scooter, and the scooter does not have to be registered as a motor vehicle.
This distinction is particularly important because New Jersey's rules for other types of electric transportation, including certain electric bicycles, are not necessarily the same. Riders and accident victims should not assume that regulations governing e-bikes automatically apply to e-scooters.
New Jersey also generally requires low-speed e-scooter riders under age 17 to wear an approved helmet.
A helmet violation does not automatically determine who caused an accident. Whether helmet use has any relevance to an injury claim depends on the facts of the crash and the injuries involved.
How Can a Traffic Violation Affect an E-Scooter Accident Claim?
Violating a traffic rule does not automatically eliminate an injured rider's right to compensation. Instead, the violation may become evidence when the parties dispute how the crash occurred and who was responsible.
New Jersey law also imposes specific duties on motorists approaching or passing e-scooter riders. Under the state's Safe Passing Law, low-speed electric scooters qualify as personal conveyances. Depending on road and traffic conditions, a driver may be required to change lanes, leave at least four feet of passing distance, or slow down and be prepared to stop. A violation may become relevant when determining whether the driver acted negligently.
An insurance company may also investigate whether the rider:
- Failed to obey a traffic signal or stop sign.
- Entered traffic without yielding when required.
- Rode against the flow of traffic.
- Operated the scooter in an area where riding was prohibited.
- Failed to maintain reasonable control of the scooter.
At the same time, motorists must still exercise reasonable care. A driver's speeding, distracted driving, unsafe turn, failure to yield, unsafe passing, or other negligent conduct may remain the primary cause of the collision even if the scooter rider also made a mistake.
The key question is not simply whether someone violated a rule, but whether that conduct contributed to the accident.
How Does New Jersey's Comparative Negligence Rule Apply?
New Jersey follows a modified comparative negligence rule. This means an injured person may still recover compensation even when they share some responsibility for an accident.
Under New Jersey law, a plaintiff may generally recover if their negligence is not greater than the negligence of the defendant or the combined negligence of the defendants. In practical terms, a rider who is 50% or less at fault may still recover damages, but the award is reduced by the rider's percentage of responsibility.
For example, if an injured e-scooter rider suffered $100,000 in damages but was found 20% responsible for the crash, the recoverable damages could be reduced to $80,000.
If the rider's share of negligence is greater than the negligence attributed to the defendant or combined defendants, recovery may be barred.
Because of this rule, disputes about rider behavior can have a direct effect on the value of an e-scooter accident claim.
Who May Be Liable for an E-Scooter Crash?
Liability does not necessarily rest only with the scooter rider or the driver of a vehicle involved in the collision. Depending on what caused the accident, several parties may need to be investigated.
Motor Vehicle Drivers
A driver may be liable when speeding, distracted driving, an unsafe turn, failure to yield, unsafe passing, or another careless action causes or contributes to the crash.
Property Owners or Public Entities
A dangerous property or roadway condition may sometimes contribute to an e-scooter accident.
When a private property owner controls the area where the accident occurred, liability may depend on the owner's duty to maintain reasonably safe conditions and whether a dangerous condition contributed to the crash.
Different rules apply when a state or local public entity controls the property. Liability is governed by the New Jersey Tort Claims Act and depends on specific statutory requirements, including the nature of the dangerous condition and the public entity's responsibility for it. These claims can also involve special notice requirements and shorter deadlines than many ordinary personal injury cases.
Scooter Manufacturers
A manufacturer or other entity in the distribution chain may potentially be liable when a defect in the brakes, battery, steering system, or another component causes or contributes to the accident.
Rental or Shared-Scooter Companies
When a rented or shared scooter is involved, the circumstances may raise additional questions about maintenance, inspection, or the condition of the scooter. Whether the rental company bears responsibility depends on the facts and the legal duties that applied.
Identifying every potentially responsible party can also matter because available insurance coverage may differ depending on who caused the accident. Compensation in a successful claim may include medical expenses, lost income, pain and suffering, and other accident-related losses.
Does PIP Cover an E-Scooter Rider Hit by a Car in New Jersey?
This is one area where an e-scooter accident can differ significantly from a traditional car accident.
New Jersey's Personal Injury Protection, or PIP, system generally provides medical-expense benefits in certain automobile-related situations regardless of who caused the crash. However, an e-scooter rider should not assume that their own automobile PIP coverage will automatically pay their medical bills simply because a car hit the scooter.
In the 2024 case Goyco v. Progressive Insurance Company, the New Jersey Supreme Court held that a person operating a low-speed electric scooter was not considered a "pedestrian" for purposes of the state's No-Fault Act and therefore was not entitled to PIP benefits on that basis.
That ruling makes insurance analysis especially important after an e-scooter crash. Coverage may depend on who caused the collision, what insurance policies are available, the injured person's own coverage, and the precise circumstances of the accident.
For example, a negligent driver's bodily injury liability coverage may become an important source of compensation when a motorist causes an e-scooter crash. Different coverage questions can arise when the scooter rider causes an injury, when a rental scooter is involved, or when another uninsured or underinsured party is responsible.
Because e-scooter insurance issues do not always follow the familiar rules associated with ordinary passenger-vehicle crashes, determining available coverage should be done on a case-by-case basis.
What Evidence Can Help Prove Fault?
E-scooter accidents can happen quickly, and important evidence may disappear soon afterward. Preserving several types of evidence can help establish how the collision occurred.
Useful evidence may include:
- Security-camera or traffic-camera footage
- Dashboard-camera recordings
- Photographs or video of the accident scene
- Roadway markings and traffic signals
- Damage to the scooter and other vehicles
- Witness contact information and statements
- GPS or ride data associated with the scooter
- Cellphone or electronic vehicle records, when relevant and legally obtainable
- Medical records documenting injuries and treatment
Prompt medical evaluation can also create contemporaneous documentation of symptoms, diagnoses, and treatment after the crash.
Witness statements obtained soon after an accident may preserve details before memories fade. In more complicated cases, an accident reconstruction specialist may also be used to analyze physical evidence, vehicle movement, impact locations, or scene measurements.
How Can Insurance Companies Challenge an E-Scooter Claim?
Insurance companies may dispute how an e-scooter crash occurred or argue that the rider contributed to the accident.
For example, an insurer may contend that the rider:
- Failed to yield
- Entered an intersection unsafely
- Rode in an area where scooters were prohibited
- Traveled too fast for conditions
- Failed to follow a traffic signal
- Lost control of the scooter before the collision
These arguments do not automatically establish fault. They must be evaluated along with the driver's conduct, physical evidence, witness accounts, applicable traffic laws, and other circumstances surrounding the accident.
Objective evidence can be particularly important when the rider and driver give different accounts of what happened. Surveillance video, photographs, vehicle damage, and electronic records may help clarify the sequence of events.
Why Can Early Decisions Matter After an E-Scooter Crash?
Evidence can become harder to obtain as time passes. Businesses may overwrite surveillance footage, witnesses may become difficult to locate, and roadway conditions may change.
After an accident, injured riders can help protect their claim by documenting the scene when possible, obtaining witness information, preserving the damaged scooter, seeking appropriate medical attention, and keeping records related to treatment and other losses.
It is also important to understand the extent of an injury before agreeing to resolve a claim. An early settlement may not account for treatment, lost income, or other losses that become apparent later.
Every e-scooter accident involves its own combination of traffic laws, insurance issues, evidence, and potential sources of liability. A careful investigation can help determine which rules apply and what compensation may be available.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
An e-scooter accident can raise legal questions that are different from those involved in a traditional car crash. The location where the scooter was being operated, the conduct of both the rider and driver, New Jersey's comparative negligence rules, and the available insurance coverage may all affect the claim.
If you or someone you love has been injured in an e-scooter accident, Brandon J. Broderick, Attorney at Law can review the circumstances of the crash, determine which New Jersey laws apply, and help you understand your options for pursuing compensation.