An electric scooter is one of the most convenient ways to get around short distances. They are more commonly seen today than ever, especially when the weather warms up. There are laws governing these scooters, including when and how they are used. As you get ready for the warmer weather of spring in Philadelphia, there are several things you need to know to operate an electric scooter safely. Contact Kwartler Manus to speak with a Philadelphia electric scooter accident lawyer for a free consultation.
Know the Law First and Foremost
Pennsylvania law treats most electric scooters as motor vehicles. That means that if you are using them, they must be properly titled, registered, and insured, as any other motorcycle or motorbike is. All motor vehicles must have turn signals, fenders, and headlights.
However, there are significant limitations to this. Philadelphia has banned nearly all use of electric scooters on city roadways. They are also not allowed on most roadways in Pennsylvania. That is because these devices typically do not meet the safety requirements listed above. They cannot meet the safety, inspection, and equipment rules for motor vehicles.
If you are operating an electric scooter in Philadelphia this spring, make sure you do so only on privately owned property where it is specifically allowed. Some smaller communities and areas outside of the city may have different laws.
This Law Does Not Apply to Electric Assistive Devices
The PA law that bans the use of electric scooters on public streets does not apply to electric assistive mobility devices. Some public policies in local communities may limit their use, but they are not banned in Philadelphia.
What to Remember If You Are Using an Electric Scooter This Spring in Philadelphia
If you decide you want to ride an electric scooter in the state, there are several things to do now.
- Do not take them out onto the roadway. Unless Philadelphia or Pennsylvania changes the law to allow them, keep them off the public roads.
- Lime, Bird, and similar companies have yet to gain approval to operate in the city because of these risks. These companies have not met PennDOT's requirements to operate as a motor vehicle.
- If you are using an electric scooter on private property and suffer an injury at the time, you may be able to file a claim for loss. Pennsylvania is a no-fault state, which means you will need to file a claim with your own personal injury protection (PIP) coverage. If your PIP coverage limits or bans the use of these bikes, you cannot file a claim.
- It is up to you to be safe when using these vehicles. For example, make sure you are wearing a helmet and proper protective gear. You also should be skilled enough to operate them properly. Remember, only private property use makes them permissible.
- Use of electric scooters on sidewalks is also banned. You cannot use these bikes on any public walkway. This includes business districts throughout the city.
Remember that legally, you may only use an electric scooter on private property. If you suffer an injury while using your electric scooter, there are risks to seeking compensation. The property owner could be held accountable if you can show they were negligent.
In situations where another driver strikes your scooter, you cannot necessarily sue them for doing so. You were violating the law by using them on the roadway. Proving negligence can be more challenging in these cases.
Talk to Your Insurance Company
Before you take your electric scooter out on private property in Philadelphia (remember, you cannot ride them on public streets), make sure you speak to your insurance provider. Be sure you know if your insurance policy covers accidents and injuries related to electric scooter use. Some policies may ban you from filing a claim for your injuries and losses if you violate the law, for example.
Know Your Rights in Pennsylvania’s Comparative Fault
Pennsylvania is a modified comparative fault state, which can play a role in situations where you are partially responsible and another driver is responsible for the accident. You are likely to face some level of fault if you are operating an electric scooter on the state’s roadways. You can still file a lawsuit against another person if their negligence caused the accident.
Under the modified comparative fault laws, though, you can only file a claim if you are no more than 50% at fault. If the state finds you more than this at fault, you lose your ability to recover damages at all. This is why it is so important to work with an electric scooter accident attorney if you suffer such an injury.
Let Our Legal Team Take a Look at Your Case Details
You can operate an electric scooter safely in Philadelphia this spring if you do so on private property. If you find yourself suffering injuries and losses from an accident someone else caused, contact our legal team at Kwartler Manus for a free consultation. Let our electric scooter accident attorney in Philadelphia help you seek fair compensation under the laws of the Commonwealth.
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