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Who Is Liable When a Car Hits an E-Scooter Rider in Washington?


E-scooters and e-bikes are everywhere in Washington cities now. People use them to get to work, run errands, or just get around without dealing with traffic. But more riders on the road means more crashes too. When a car hits someone riding an e-scooter, figuring out who pays for the damage can get complicated fast.

This post walks through the rules riders need to follow, who can be held responsible after a crash, and what steps to take if you get hurt.

E-Scooter and E-Bike Rules on Washington Roads

Riders of e-scooters and e-bikes have to follow many of the same traffic laws as bicyclists in Washington. That means you can’t just ride wherever you feel like. Where you’re allowed to ride depends on the type of device you’re using and the city you’re in.

Here’s what riders should keep in mind:

  • Follow the same basic traffic laws bicyclists follow, including stopping at signs and signals
  • Ride with traffic, not against it
  • Stay near the right side of the lane unless you’re passing, avoiding a hazard, or getting ready to turn left
  • Use bike lanes or shoulders when they’re available and safe
  • Signal before you turn or stop so drivers and other riders know what you’re about to do
  • Slow down on shared paths and give a warning before passing someone from behind
  • Check local rules, since cities like Seattle, Tacoma, and others may have their own restrictions on sidewalks or higher-speed roads

Washington law also splits e-bikes into different classes based on speed. A lower-speed e-bike might be allowed in more places, like shared-use paths, while a faster e-bike may be restricted to roads and bike lanes only. Sidewalk riding isn’t always allowed either, so it’s worth checking your city’s rules before you head out.

What About Helmets?

Washington doesn’t have a statewide law requiring helmets for e-scooter or e-bike riders. Some cities have their own rules though. Riders should wear a helmet anyway, law or no law, because it lowers the chance of a serious head injury.

There’s another reason to wear one. Insurance companies look for any reason to reduce what they pay out after a crash. If you weren’t wearing a helmet, the insurer might try to argue your injuries were worse because of it. Wearing safety gear takes that argument off the table and helps protect the compensation you’re owed.

Why E-Scooter Crashes Are on the Rise

Micromobility use has grown fast across Washington. Programs that help people buy e-bikes and shared scooter services in cities like Seattle have put thousands of new riders on the road in just a few years.

That growth has come with a jump in injuries. A Washington Traffic Safety Commission report that looked at medical data from Seattle found that e-scooter-related medical visits rose from just 3 in 2020 to 151 in 2023. The same report found that more than half of e-scooter injuries involved the head or neck, and at least 41 percent of injured riders weren’t wearing a helmet at the time.

Cities have started responding. Everett, for example, adopted new e-bike and scooter rules in 2026 after state health data showed the city had one of the highest rates of e-bike and scooter hospitalizations in the state. As more people ride, more crashes are likely to happen, and knowing your rights matters more than ever.

Who Might Be Liable When a Car Hits an E-Scooter Rider?

When a driver hits someone on an e-scooter, it might seem obvious the driver is at fault. Sometimes that’s true. But other parties can share the blame too, depending on what caused the crash.

Parties who might be held responsible include:

  • The driver, if they were speeding, distracted, or otherwise careless
  • The driver’s employer, if the driver was working at the time of the crash
  • A scooter or bike-share company, if poor maintenance played a part in the accident
  • A manufacturer, if a defective brake, battery, throttle, or frame caused or worsened the crash
  • A city or other government entity, if a dangerous road condition contributed to the crash

How Fault Gets Divided in Washington

Washington follows a rule called pure comparative negligence. This means you can still recover money even if you were partly to blame for the crash, even if you were found more than half at fault. Your payout just gets reduced by your percentage of fault.

Here’s an example. Say you’re awarded $100,000 in damages, but you’re found to be 20 percent at fault for the crash. Your actual payout would drop to $80,000.

This rule matters a lot for e-scooter riders, since drivers and insurance companies often try to shift blame onto the rider. That’s part of why having a lawyer look into your crash can make a real difference. A lawyer can help figure out exactly how much fault should fall on each party involved, so you’re not stuck paying for someone else’s mistake.

App Waivers and Rental Company Liability

If you were riding a rented scooter through an app like Lime or Bird, you likely agreed to a liability waiver when you signed up. These waivers try to limit how much you can hold the company responsible for. They don’t always hold up in court though, especially if the company was careless with maintenance or safety checks. An attorney can review the waiver and figure out whether it actually blocks your claim or not.

What to Do After an E-Scooter Accident

The steps you take right after a crash can affect your health and your case. Here’s what to do:

  1. Get medical attention right away, even if your injuries seem minor at first
  2. Take photos of the scene, your injuries, and the scooter or bike
  3. Get contact information from any witnesses
  4. Report the crash to police if another vehicle was involved
  5. Report the accident to the rental company if you were using a shared device
  6. Avoid signing anything or giving a statement to an insurance adjuster before talking to a lawyer

Rental companies only keep maintenance and usage data for a limited time, and witness memories fade fast. The sooner you get a lawyer involved, the better your chances of preserving the evidence your case may depend on.

Frequently Asked Questions

How long do I have to file a claim after an e-scooter accident in Washington?

In most cases, you have three years from the date of the accident to file a personal injury claim in Washington. If a city or other government entity might be responsible, you usually have to file a separate notice much sooner than that, so don’t wait to get your case looked at.

Can I still get compensation if I was partly at fault for the crash?

Yes. Washington’s comparative negligence rule lets you recover damages even if you share some of the blame, even if you were found more than 50 percent at fault. Your compensation just gets reduced by your percentage of fault.

Do I have to wear a helmet to file a claim after an e-scooter crash?

No, Washington doesn’t require helmets statewide for e-scooter or e-bike riders, so not wearing one won’t automatically stop you from filing a claim. That said, insurance companies may try to use it against you to argue your injuries were worse than they should have been. Wearing one protects both your head and your case.

Talk to an E-Scooter Accident Lawyer Today

Getting hit by a car while riding an e-scooter can turn your life upside down overnight. Between medical bills, lost wages, and insurance companies trying to shift blame onto you, it’s a lot to handle on your own. McNeese & Trotsky, PLLC, can look into your crash, figure out who’s responsible, and fight for the compensation you deserve. Call (206) 332-1918 today for a free consultation and find out what your case might be worth.

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If you’ve been injured and aren’t sure what to do next, the Washington personal injury attorneys at McNeese & Trotsky are here to help. We offer free, no-obligation consultations to review your case and explain your options. Contact our Bellevue office today and take the first step toward protecting your rights and your future.

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