Can I still claim if I was riding e-scooter on the road?
Can I still claim compensation if I was riding my own e-scooter on the road? For example, if I hit a pothole in the road? Or if a pedestrian stepped out in front of me? Can I claim for head injuries even if I was not wearing a helmet?
Sudhir, by e-mail
Answer
If you are riding your own e-scooter (or a rental one) you can claim compensation if someone else’s negligence causes you injuries and financial loss. This applies to pot holes should certain criteria be met, for example if the local authority failed to deal with an actionable pot hole within a reasonable time frame. Accidents caused by negligent pedestrians, for example stepping into your path, can also lead to compensation claims but you should look into whether the pedestrian has the means to meet a claim or insurance that would cover such a claim.
Someone who sustains a head injury in an accident while riding an e-scooter can claim compensation if someone else was responsible for the accident. Whilst it is recommended that e-scooter riders wear a helmet, there is currently no law requiring this.
This is different to the case of motorcycle riders who are legally obliged to wear a helmet. Motorcyclists can still claim compensation for head injuries even if they were not wearing a helmet although the compensation will be reduced for the rider’s contributory negligence, for example if the injury could have been avoided by wearing a helmet.
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