E-Scooter And E-Rideable Accidents In Perth
perthnow.com.au have recently (May 2022) been reporting the increase in e-scooter accidents in Perth. In one article (6 May 2022) it was reported that since 1 January 2022 that St John’s Ambulance had attended more than 250 incidents involving e-scooters. That translates into about 50 incidents each month, or one or two every day where an ambulance needed to be called. The report says that most of those e-scooter accidents required Priority 1 response and that the accidents mainly involved e-scooters crashing into pedestrians, cars, or hills.
If You Are In An Accident Involving An E-Scooter Can You Claim Compensation?
That very much depends on whether you are the e-scooter rider, or, the person hit by the e-scooter.
- In Western Australia e-scooters are in a category known as e-Rideables. That category includes e-skateboards, hoverboards, e-wheels and e-skates. e-Rideables do NOT include things like electric bicycles or motorised scooters (exceeding 200w). There are a number of rules relating to owning and riding an e-scooter, including:
- if the rider is on a footpath, they cannot exceed a speed of 10km/hr;
- if the rider is on a bike path, the rider cannot exceed a speed of 25km/hr;
- the rider cannot ride on a road that has a speed limit exceeding 50km/hr;
- the rider must have a bell;
- if riding at night the e-scooter must have lights and reflectors.
I Was Hit By The E-Scooter: Can I Claim Compensation
If you are injured by somebody riding an e-scooter you may be able to claim compensation for your injuries. You will need:
- the name of the e-scooter rider;
- how the rider was negligent;
- the date of the accident;
- the names of any witnesses; and
- photographs of where the accident happened.
But an important consideration is whether it is worth suing for compensation. e-scooters are NOT required to be licensed. For that reason, they do not meet the definition of ‘motor vehicle’ under the Motor Vehicle (Third Party Insurance) Act and therefore do not carry Third Party insurance. The effect – if you are hit by an e-scooter you cannot claim compensation from the Insurance Commission of Western Australia.
That means that you will need to consider whether the rider has a policy of insurance (such as a public liability policy as part of their home and contents insurance), or, whether the rider has sufficient private assets to cover your claim. If you are injured by an e-scooter call Lian Hall Injury Law to chat about how to claim compensation for your injuries.
I Was Riding The E-Scooter: Can I Claim Compensation
Riders of e-scooters can suffer serious injuries. If you were riding an e-scooter and have been involved in an accident you can potentially claim compensation:
Were You Hit By A Car?
- If your accident was caused by the negligent driving of a car or motorbike, then you can potentially pursue your claim for compensation under the motor vehicle third-party insurance process with the Insurance Commission of Western Australia. Lian Hall Injury Law can guide you through that process;
Did You Hit Something On The Footpath Or Road?
- if your accident was caused by a feature of the path or landscape (such as a fence-post placed too close to the path, or, a kerb that was not obvious, or, something strung across the path at night) then you will need to prove that the occupier of that path (either the private property owner or the local authority) could have, and should have, done something that would have meant that your accident could have been avoided. Lian Hall Injury Law has years of experience in advising on public liability claims;
Did A Pedestrian Or Jogger Walk Out In Front Of You?
- if your accident was caused by a pedestrian walking in front of you, then you will need to prove that the pedestrian did something wrong, eg: they crossed the path without looking; they moved suddenly into your path of travel, etc. An important consideration to bear in mind when considering claiming against a pedestrian is whether that pedestrian has private insurance that will cover your losses, or, whether they have sufficient assets to cover your losses;
Did A Dog Run In Front Of You?
- if your accident is caused by a dog, then potentially you can make a claim under the Dog Act. Again you will need the name of the owner of the dog and details of what happened. Lian Hall Injury Law can guide you safely through that process.
