If you are interested in riding an electric scooter in Philadelphia, you should know the local and state laws. Because these devices are effectively banned on the streets of Philadelphia, riders might have difficulty recovering compensation if injured in a crash.
Currently, electric scooters are not allowed in Philadelphia and in most other areas of Pennsylvania, as these devices do not meet the criteria for inspection and equipment standards in the state. Because electric scooters cannot be legally ridden on the streets of Philadelphia, riders might find that their injuries are not covered by their personal injury protection (PIP) insurance if a negligent driver strikes them. This means the only path to recovery might be to file a lawsuit in Philadelphia, which might be further complicated by Pennsylvania’s modified comparative fault laws. Our attorneys can help you navigate recovery after an electric scooter accident in Philadelphia so that you can claim the damages you deserve.
To schedule a free case review with our Philadelphia personal injury lawyers, call The Reiff Law Firm today at (215) 709-6940.
Are You Allowed to Ride an Electric Scooter in Philadelphia?
Although electric scooters have become a popular mode of transportation nationwide, they remain illegal in most of Pennsylvania, including Philadelphia. That means you cannot ride an electric scooter in Philadelphia.
Despite a recent push to legalize electric scooters in Philadelphia and throughout the state, little headway has been made. The current mayoral administration in Philadelphia and SEPTA, the city’s public transit system, have at times expressed concern over the prospect of electric scooters being ridden in the city. These devices don’t comply with the Pennsylvania Department of Transportation’s definitions of two-wheeled vehicle devices, nor do the pass equipment or inspection requirements, so special legislation that pertains specifically to electric scooters must be introduced. Despite other local politicians advocating for this convenient mode of transportation to be allowed in the city, they remain effectively banned in Philadelphia.
While Pennsylvania does allow electric assistive mobility devices unless otherwise prohibited by local ordinances, the definition of these devices does not pertain to electric scooters.
That said, you’ll still likely see people riding electric scooters throughout Philadelphia. These devices are unregistered and uninsured as they are not permitted for use, leaving riders vulnerable in the event of a crash. If you were injured while riding an electric scooter, our Philadelphia electric scooter lawyers can speak with you so that you can learn more about your options for compensation.
Does Insurance Cover Electric Scooters in Philadelphia?
Pennsylvania is a no-fault state for most auto accidents, meaning victims typically turn to their personal injury protection insurance for compensation after a crash. This presents a problem for people who are injured while riding an electric scooter in Philadelphia, where such devices are not allowed.
When injured in a car accident, either as a pedestrian, bicyclist, or driver, victims in Philadelphia can file a claim with their personal injury protection insurance. Because electric scooters aren’t defined or classified in Pennsylvania’s motor vehicle code, it’s unclear if they are covered by personal injury protection insurance. To err on the side of caution, assume they are not.
Like many other no-fault states, Pennsylvania doesn’t include motorcycles under PIP insurance. Because electric scooters are closely related to motorcycles, it makes sense to infer that electric scooters would also not be covered by PIP insurance in Philadelphia. However, Pennsylvania is currently considering legislation allowing electric scooters to be introduced to certain cities via a pilot program, as they were recently in Pittsburgh. In this pilot program, electric scooters would be afforded the same rights as bicyclists, who are covered by their PIP insurance. However, the possible pilot program doesn’t include Philadelphia.
Whether electric scooter riders are covered by their PIP insurance becomes even more complicated because these devices are not legal in Philadelphia, giving carriers reason to deny claims. Because of this, it’s best to contact our Pennsylvania personal injury lawyers to determine whether or not PIP covers you. If it doesn’t, which will likely be the case, our attorneys can help you pursue compensation via a lawsuit against a negligent driver.
How Might Comparative Fault Laws Impact Your Electric Scooter Accident Case in Philadelphia?
Since electric scooters are not allowed in Philadelphia, getting struck by a negligent driver while riding one can leave you in a difficult situation. While you may still be able to file a lawsuit for compensation, Pennsylvania’s modified comparative laws might present an issue.
Currently, electric scooters are not allowed in Philadelphia. You can’t ride them on streets or sidewalks in the city. But, many people do, in fact, own and operate electric scooters in Philadelphia. If those individuals are struck by a negligent driver while operating their devices, they may still be able to file a lawsuit for compensation. The path ahead, however, might be a bit more difficult.
Pennsylvania is a modified comparative fault state. This means that victims’ damages may be reduced proportionally to their liability if they share fault for their injuries, so long as their negligence does not outweigh a defendant’s. For example, motorcyclists or bicyclists that did not wear a helmet at the time of an accident might be found to be partially liable for their injuries if they sustained head injuries. This can considerably impact electric scooter riders injured in accidents as well.
Because electric scooters are not allowed in Philadelphia, Pennsylvania’s comparative fault laws might play into your case. Our Bucks County personal injury lawyers can prevent that from diminishing your damages unfairly. Our attorneys can show how a defendant’s negligence outweighs yours, helping you to recover the compensation you need after an electric scooter accident in Philadelphia.
Contact Our Philadelphia Lawyers After an Electric Scooter Accident
Call The Reiff Law Firm to schedule your free and confidential review of your case with our Delaware County personal injury lawyers today at (215) 709-6940.