E-Scooter Accident Lawyer: Injury Claims Under Pennsylvania's Unsettled Scooter Law

Can you bring a claim after an e-scooter crash in Pennsylvania?

Yes. If a careless driver hit you while you were on an electric scooter, you can bring a negligence claim against that driver, and if a scooter rider hit you while you were walking, you can bring a claim against the rider. What is uncertain is how the scooter's legal status affects fault and insurance, because Pennsylvania has not written e-scooters into its traffic laws.

This page sets out what the law says as of September 2026, what it does not say, and how those gaps play out in a real claim. Because parts of this are unsettled, a scooter case needs a lawyer to look at the specific device and the specific policies.

What Pennsylvania law says about e-scooters today

PennDOT's micromobility information sheet, updated in August 2026, lists the electric scooter as "not specifically classified or defined in the PA Vehicle Code." PennDOT's position is that devices not defined in Pennsylvania law may not be legally operated on highways, and that this includes sidewalks, bike lanes and roads (PennDOT PUB 944). It also notes that DUI laws can apply to scooter riders, since the Code's definition of "vehicle" is broad.

Several things are easy to confuse with an e-scooter but are treated differently:

• Electric personal assistive mobility devices (self-balancing two-wheel devices) are defined in the Code and, according to PennDOT, may be ridden on sidewalks unless a municipality prohibits it, but not on freeways (75 Pa.C.S. § 102).
• Seated motor scooters are motor-driven cycles, which require registration, insurance and a license (75 Pa.C.S. § 102; PennDOT PUB 944).
• E-bikes with operable pedals that meet the pedalcycle with electric assist test are legally bicycles. See our e-bike accident page.

What is not settled

Bills to legalize low-speed electric scooters have been introduced in Harrisburg, including Senate Bill 1008, which was referred to the Senate Transportation Committee in September 2025. As of this writing none has become law. If one passes, the rules on this page will change.

Until then, three questions in scooter injury claims have no clear statutory answer:

• First-party benefits for a rider hit by a car. Pennsylvania bars first-party benefits for operators of motorcycles, motor-driven cycles, motorized pedalcycles "or like type vehicle required to be registered" (75 Pa.C.S. § 1714). A stand-up scooter cannot be registered, and an insurer may argue either way about whether the exclusion reaches it. Expect this to be contested.
• How riding an unauthorized device affects fault. Insurers will argue that riding a scooter on the road was itself careless. Under Pennsylvania's comparative negligence rule, any fault assigned to the rider reduces the recovery, and bars it only if the rider's share is greater than the defendants' combined fault (42 Pa.C.S. § 7102). The driver's own carelessness, such as a turn without looking, still counts.
• Coverage for a rider who hits a pedestrian. The rider usually has no auto policy covering the scooter. Whether a homeowner's or renter's policy responds depends on its wording, and many exclude motorized vehicles.

If a scooter rider hit you while you were walking

Pedestrians hit by scooter riders on sidewalks, at the 69th Street Transportation Center and on the busy blocks of West Philadelphia have a straightforward negligence claim against the rider. The practical problem is collecting. Get the rider's name, phone number and address, photograph the scooter's make and model, and call police so there is a report. Your own health insurance will usually pay your medical bills in the meantime.

If the rider was working, for example making deliveries, the business may also be responsible. Ask what company the rider works for, and look for delivery bags or branded clothing in any photos or video.

Deadlines and next steps

The usual 2-year deadline for injury lawsuits applies to scooter crashes (42 Pa.C.S. § 5524). A crash in Upper Darby, Lansdowne or Yeadon is usually filed in the Delaware County Court of Common Pleas in Media, and one in Overbrook or Kingsessing in the Philadelphia Court of Common Pleas. Keep the scooter, its charger and your purchase records, and do not post about the crash online.

Your Legal Warrior works on a 100% contingency fee: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery, and nothing owed if there is no recovery. Call (267) 412-4601 or send the free case review form.