Shared electric scooters from Bird, Lime, and Spin have become a fixture in Phoenix, Scottsdale, and Tempe — and with increased use has come a significant increase in injuries. Whether you were riding a scooter and hit by a car, injured by a defective scooter, or hit as a pedestrian by a reckless rider, Arizona personal injury law applies. The question is who's liable.
When the scooter company may be liable
Scooter companies require riders to sign liability waivers, but those waivers don't eliminate all claims — particularly when the scooter itself was defective. If a brake failure, battery malfunction, or design flaw caused your crash, a product liability claim against the manufacturer or the scooter company may be available. Companies also have a duty to maintain their fleets; a scooter with a known mechanical problem that was still deployed can support a negligence claim.
When a driver is liable
If a motorist hit you while you were riding a scooter, the claim is similar to a bicycle accident. Arizona law requires drivers to exercise reasonable care around scooter riders, and the three-foot passing clearance requirement under A.R.S. § 28-735 applies. Distracted driving, failure to yield, and unsafe lane changes are the most common driver failures in scooter crashes.
When the city or property owner is liable
Dangerous road conditions — potholes, unmarked obstacles, missing warning signs — can make a government entity liable for a scooter crash. Claims against government bodies require a Notice of Claim within 180 days under A.R.S. § 12-821.01. If the crash happened on private property due to a hazardous condition, premises liability may apply.
Comparative fault
Arizona's pure comparative fault rule (A.R.S. § 12-2505) means your recovery is reduced by your percentage of fault. Riding on a sidewalk where prohibited, riding without a helmet in an area where one is required, or riding while distracted can all affect your fault percentage. See our post on Arizona comparative negligence law.
The filing deadline
Arizona gives most personal injury victims two years from the accident date (A.R.S. § 12-542). Claims against government entities require a Notice of Claim within 180 days. See our post on the Arizona personal injury statute of limitations.
Our bicycle and scooter accident attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.