Scooter Accidents
Electric Scooter Accidents in Michigan: The New Urban Hazard That's Sending People to Emergency Rooms
Electric scooters appeared on Michigan sidewalks almost overnight — Bird, Lime, Spin, and other companies deployed thousands of rental scooters across Detroit, Ann Arbor, Grand Rapids, and other cities. What also appeared overnight: a surge of emergency room visits for scooter-related injuries. Broken wrists, facial fractures, traumatic brain injuries, dental injuries, and severe road rash. The scooters go 15-20 mph with small wheels that catch on every crack and pothole, no turn signals, minimal braking power, and riders who often have no helmet and no experience.
At Koussan Law, I represent electric scooter accident victims across Michigan — both scooter riders injured by negligent motorists and pedestrians injured by scooter riders. These cases involve unique liability questions because the scooter companies, the municipalities that permit them, the riders, and the motorists who collide with them all potentially share responsibility. Sorting out who's liable — and whose insurance pays — requires understanding the evolving legal landscape around micromobility.
Who's Liable in a Scooter Accident
Negligent motorists: When a car hits a scooter rider, the driver's liability is analyzed the same as any motor vehicle vs. vulnerable road user collision. The driver's failure to yield, failure to check mirrors, distracted driving, or dooring (opening a car door into a scooter's path) creates liability. The scooter rider's PIP coverage situation depends on whether they have their own auto insurance — Michigan's no-fault system can be complex for scooter riders.
Scooter companies: The rental companies may be liable for defective scooters (brake failure, throttle malfunction, wheel defects), inadequate safety warnings, and deploying scooters in areas where they're unsafe. Product liability claims against the manufacturer and negligence claims against the operating company are both viable theories.
Municipalities: Cities that permit scooter operations have a duty to maintain safe road surfaces. Potholes, uneven pavement, and broken sidewalks are especially dangerous for scooters because the small wheels can't absorb these obstacles. Government entity claims require 120-day notice under MCL § 691.1404 and must fit within the highway exception to governmental immunity under MCL § 691.1402.
Frequently Asked Questions
Q: Does my auto insurance cover a scooter accident?
This is one of the most complex questions in Michigan scooter law. If you were riding a scooter and were hit by a car, your own auto insurance PIP coverage may apply under MCL § 500.3114 if you have a policy. If you don't have auto insurance, the motorist's policy or the Michigan Assigned Claims Plan may provide PIP benefits. If you were a pedestrian hit by a scooter, your own auto insurance or the Assigned Claims Plan applies. The insurance analysis varies case by case — this is not a DIY situation.
Q: Can I sue the scooter company if the scooter malfunctioned?
Yes. If a brake failure, throttle stuck open, wheel detachment, or other mechanical defect caused the accident, the scooter company and/or manufacturer is liable under product liability law (MCL § 600.2946). The rental agreement's liability waiver may limit some claims, but waivers don't protect against product defects or gross negligence. I examine the scooter's maintenance history and the company's inspection protocols.
Q: I was a pedestrian hit by a scooter rider. What are my options?
The scooter rider is personally liable for negligent operation. Their homeowner's or renter's insurance may cover the claim. The scooter company may share liability if it deployed scooters in pedestrian-only areas or failed to enforce speed limits through its app. Your own auto insurance PIP benefits may cover your medical expenses. I analyze every available source of coverage because individual scooter riders rarely carry enough personal insurance to cover serious injuries.
Q: What is the statute of limitations for a scooter accident claim in Michigan?
Three years from the date of the accident under MCL § 600.5805. PIP benefits have a one-year-back rule under MCL § 500.3145. Government entity claims (for road defects that caused the accident) require 120-day notice under MCL § 691.1404. Product liability claims against the scooter manufacturer follow the three-year statute plus the 10-year statute of repose.
