Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Rental bikes and scooters have become a popular way to get around New Orleans. They’re easy to rent, fun to ride and offer a quick way to explore the city. But with this growing trend comes a serious question: what happens if you’re injured in a crash involving one of these vehicles?
Whether you were riding the scooter or hit by someone using one, figuring out who is responsible can be tricky. This blog will walk you through what you need to know about liability, Louisiana laws, and what to do if you’re involved in a rental bike or scooter accident in New Orleans.
New Orleans has embraced micro-mobility through companies like Bird and Lime. These services allow people to rent bikes or electric scooters using a mobile app. You can pick one up nearby and leave it almost anywhere when you’re done.
This convenience has made them popular with locals and tourists alike. However, the lack of docking stations and the fast-growing number of riders have also led to more accidents and injuries on the city’s roads and sidewalks.
Accidents involving rental scooters and bikes aren’t rare, particularly in crowded places like downtown or the French Quarter. Riders may not be familiar with traffic patterns or local laws. Many accidents happen when cars fail to see scooters or bikes. Other times, riders lose control or hit a bump in the road.
Some of the most common accidents include:
Identifying who is responsible in each case isn’t always easy. That’s where Louisiana law and rental agreements come into play.
Liability depends on who was careless and what led to the accident. Sometimes, more than one person or company is to blame.
If a rider acts recklessly—ignoring traffic lights or riding on the sidewalk—they could be held responsible. But if the accident happens because the scooter has a defect, the rental company might be at fault. In other cases, a careless driver, a pedestrian, or even the city could share the blame.
Most e-scooter rental agreements include liability waivers. But these do not always protect companies from claims if a mechanical defect contributed to the crash.
Gathering the right evidence—such as police reports, photos, and witness statements—can make a huge difference in these cases.
Louisiana follows a legal principle called “pure comparative negligence.” This means if you are partly at fault for your accident, you can still recover damages. But the amount you receive will be reduced based on your share of the blame.
A study in JAMA found that nearly 40% of e-scooter injuries involve head trauma, making helmet use a critical safety measure.
Let’s say you were riding a scooter and didn’t stop at a crosswalk, but a driver also failed to yield. If the court finds you 30% at fault and you win $10,000, you’ll receive $7,000 after your fault is considered.
This rule applies to both riders and pedestrians and is often central to accident cases involving rented scooters and bikes.
One of the most significant issues with rental scooters and bikes is insurance. Most rental companies do not offer coverage for riders. If you cause an accident, your insurance might not cover it either—especially if you’re not using a car.
That leaves many victims confused about where to turn for help. In some cases, a claim might be filed against the other party’s car insurance. In others, victims might have to pursue legal action to recover damages.
According to a CDC report, e-scooter injury rates surged over 220% between 2014 and 2020, with a noticeable rise in urban centers like New Orleans.
A personal injury lawyer can help determine which policies apply and how to move forward with your claim.
If you’re in a rental bike or scooter accident, get medical help immediately—even for minor injuries. Call the police to file a report. Take photos of the scene and gather witness info. Don’t admit fault. Contact a personal injury attorney to protect your rights and explore your legal options.
|
Scenario |
Potential Liable Party |
Notes |
| Scooter malfunctions due to poor maintenance | Rental company | If negligence in maintenance is proven |
| Collision caused by a distracted car driver | Motor vehicle driver | Driver failed to yield or was inattentive |
| Accident due to road hazards (e.g., potholes) | City or municipality | If the hazard was known and unaddressed |
| Pedestrian steps into scooter’s path unexpectedly | Pedestrian | If pedestrian’s actions contributed to the accident |
| Rider loses control due to excessive speed | Rider | If rider was operating recklessly or violating traffic laws |
Yes, if the company fails to maintain the scooter or bike correctly, you may be able to hold them responsible for your injuries.
Yes. Under Louisiana law, you can still recover compensation, but it will be reduced based on your level of fault.
Usually not. Most policies don’t include coverage for scooter accidents unless you have specific endorsements or umbrella coverage.
You have one year from the date of the accident to file a personal injury claim in Louisiana.
Most companies don’t provide safety gear. Riders are responsible for protecting themselves, and wearing a helmet is strongly encouraged.
Rental bikes and scooters offer a fun way to travel around New Orleans, but accidents can happen fast—and the legal issues that follow are rarely simple. Understanding your rights under Louisiana law and who may be liable is critical to recovering damages for your injuries.
If you’ve been hurt in a bike or scooter crash, especially one involving a rental company or careless driver, the legal team at Charbonnet Law Firm, LLC can help you figure out your next steps. With years of experience handling injury claims across New Orleans, We can assist you in navigating the procedure, safeguarding your rights, and getting the money you are due.
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.
