Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Electric scooters are now part of everyday life in New Orleans. You’ll see them zipping through city streets, especially in busy areas filled with tourists and locals. They’re fast, affordable, and easy to rent. But as scooter use grows, so do the number of accidents—and the legal questions that follow.
If you’re injured on a scooter or involved in a scooter-related crash, things can get complicated. From safety laws to liability and insurance coverage, it’s essential to understand your rights under Louisiana law. This guide breaks down what every rider, driver, and pedestrian should know—and when it might be time to see a New Orleans scooter accident attorney.
New Orleans has had a complex relationship with electric scooters. In 2018, city officials rejected a proposal to allow dockless scooter programs. One of the main concerns was that the city lacked the infrastructure to safely support e-scooters, such as protected bike lanes and proper parking spaces.
In 2020, New Orleans passed an ordinance banning scooter rentals that didn’t have a physical storefront to store the vehicles. Since then, legal scooter rentals have returned through select providers that comply with local laws. Companies like Bird and Lime operate under specific rules that govern parking, storage, and rider behavior.
According to the U.S. Department of Transportation, over 150 U.S. cities have implemented e-scooter programs, with New Orleans gradually expanding legal access since 2020. E-scooters are now part of New Orleans’ transportation mix, offering both convenience and legal complexity.
To reduce accidents and injuries, Louisiana has enacted specific rules for electric scooters. Riders must follow the same traffic rules as bicycles, and scooters are considered motor-driven cycles under state law. That means safety features and equipment are not optional.
Some of the key requirements include:
Under Louisiana law, motorized scooters are subject to the same traffic regulations as bicycles and must adhere to helmet and lighting requirements. [La. R.S. §32:191.1]
Staying alert, checking the scooter before use, and avoiding distractions like headphones are also essential steps in preventing injury.
When an e-scooter crash occurs, who’s responsible? That depends on how the accident happened. Louisiana uses a fault-based system for personal injury claims, meaning the person or party who caused the accident may be financially liable
If a car hits a scooter rider, the driver may be responsible. If a pedestrian is hit by a scooter, the rider may be at fault. In other cases, the city or the scooter company could be liable—for example, if a road hazard caused the crash or the scooter was defective.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
Louisiana’s comparative fault law also applies. If both parties share responsibility, damages may be reduced based on each person’s level of fault.
Let’s break down some of the most common causes of scooter accidents in New Orleans and who might be liable in each case.
|
Cause of Incident |
Potential Liable Party |
Notes |
| Car collides with scooter | Driver of vehicle | May involve distracted or reckless driving |
| Scooter malfunctions (e.g. brakes) | Scooter rental company | Manufacturer liability may also apply |
| Poor road conditions (potholes) | City of New Orleans | Requires proof of negligence in road maintenance |
| Scooter rider hits pedestrian | Scooter rider | Violations of local traffic laws may be considered |
| Dual riders or improper use | Scooter rider and rental company | Breach of rental agreement terms or user error |
Most people assume their auto insurance will cover them in the event of a scooter crash. Unfortunately, that’s not always true. Standard car insurance typically excludes e-scooter use, and homeowner’s and renter’s policies may also exclude injuries involving motor vehicles.
Some companies now offer separate scooter insurance, covering things like bodily injury and property damage. These policies may offer up to $50,000 in injury liability and $25,000 for property claims.
Studies by the CDC show that nearly half of scooter injuries involve head trauma—emphasizing the importance of helmet compliance and safe riding practices.
Always review your insurance policy to see if scooters are covered—or consider purchasing a separate policy.
Accidents happen quickly, but the steps you take afterward can affect your legal rights. Start by getting medical attention, even for minor injuries. Some symptoms don’t show up right away. Then, document the scene. Take clear photos of the damage, location, and any visible injuries. Gather contact info from witnesses.
Their statements may help clarify what happened. Report the incident to the scooter rental company and your insurance provider as soon as possible. Keep copies of everything—medical reports, receipts, and correspondence.
Consulting a scooter accident lawyer in New Orleans can help you understand your options and whether you’re eligible to recover compensation for your injuries.
Yes, they are legal under city ordinances, but operators must follow Louisiana traffic and safety laws.
Seek medical help, document everything, report the incident, and consider speaking with a lawyer.
The City of New Orleans may be held liable if it fails to maintain the roadway.
Most auto policies don’t. Riders should check their policy or explore scooter-specific coverage.
Yes, if the failure resulted from negligence or a known issue not addressed by the company.
Yes, helmets with chin straps and visors are mandatory under Louisiana law for motor-driven cycles.
Electric scooters offer a flexible way to move around New Orleans, but they also raise legal questions when accidents happen. Whether you’re injured as a rider or a pedestrian, understanding your rights under Louisiana law is key. Liability can fall on multiple parties, and insurance coverage isn’t always clear-cut.
Charbonnet Law Firm, LLC has decades of experience helping clients navigate injury claims involving modern transportation. If you’ve been hurt in a scooter accident, knowing your legal options can help you protect your rights and recover what you’re owed.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
