Electric bikes and electric scooters have become a popular way to get around Chicago and communities throughout Illinois. They can provide a convenient, affordable, and environmentally friendly way to travel. However, accidents have been becoming more common and leave riders with serious and sometimes life-changing injuries.
A collision involving an e-bike or e-scooter can result in catastrophic injuries including traumatic brain injuries, broken bones, spinal cord injuries, and more. According to the U.S. Consumer Product Safety Commission (CPSC), “injuries associated with all micromobility devices increased nearly 21% in 2022 from 2021.”
An injured rider has the right to seek compensation for medical expenses, lost income, pain, and other damages. Determining who is legally responsible for an e-bike or e-scooter accident can be complicated. Understanding your rights first can help you make an informed decision after a crash.
Illinois Laws Affecting E-Bikes and E-Scooters
Illinois law treats electric bicycles and electric scooters differently. Therefore, determining the type of device involved in an accident is important when investigating a claim.
Illinois law now includes low-speed electric bicycles within its statutory definition of a bicycle. Illinois law allows low-speed electric bicycles to be operated on highways, streets, and roadways authorized for bicycles, including bicycle lanes. They may also be operated on bicycle paths unless the municipality, county, or other local authority prohibits.
Electric scooters are subject to different rules. Illinois law allows municipalities, park districts, forest preserve districts, and conservation districts to authorize and regulate low-speed electric scooters in areas under their jurisdiction. The Illinois Vehicle Code also prohibits operating a low-speed electric scooter on a highway with a posted speed limit above 35 mph, prohibits operation by anyone under 18, and prohibits their use on State highways.
Since local governments can impose additional requirements, the rules applicable to an e-bike or electric scooter may depend on where the accident occurred. An accident investigation should, therefore, consider both Illinois law and any applicable local ordinances.
Common Causes of E-Bike and E-Scooter Accidents
Micromobility, the use of small vehicles for one or two passengers, has surged over the last decade, especially with the introduction of electric-powered motors and ride-sharing platforms. Such vehicles have proven to be dangerous in the hands of beginners and accidents can happen for many reasons including:
- Drivers failing to yield the right of way
- Distracted driving
- Speeding
- Drivers opening vehicle doors without looking
- Failure to check riders before changing lanes
- Defective scooters and e-bikes
- Potholes and unsafe road conditions
Illinois law requires motorists overtaking a bicycle to leave a safe distance of at least three feet and maintain that distance until safely past the bicyclist.
Illinois Safety Improvements
Illinois communities have taken steps to improve safety and better regulate the use of micromobility devices. State law establishes rules governing where and how certain e-bikes and e-scooters operate, while local governments impose additional requirements in their jurisdictions.
In May 2026, the Chicago Department of Transportation launched an e-scooter safety campaign ahead of the peak riding season. Chicago is also continuing to expand its network of bikeways and other infrastructure designed to accommodate riders.
Such continued efforts are intended to make micromobility travels safer. However, safety initiates cannot eliminate every risk.
Who is Responsible for an E-Bike or E-Scooter Accident?
Liability can depend on the facts of a particular accident. More than one person or entity may be potentially responsible for an injured rider’s damages.
Negligent Motorists
A driver who speeds, fails to yield, or violates traffic laws may be responsible for injuries caused by a collision. Illinois law also contains specific rules concerning motorists passing bicyclists.
Evidence such as traffic-camera footage, surveillance video, and witness statements may help establish what happened.
E-Bike or E-Scooter Manufacturers
If a defective product contributed to an accident, the manufacturer or third party in the product’s distribution chain could face a product-liability claim.
The specific model, serial number, condition, any modifications, and maintenance history to the device can become important evidence.
Other Riders
Another e-bike, e-scooter, or bicycle rider may be liable if negligent or unsafe operations cause a crash.
Rental Companies
Many riders use rented e-bikes and e-scooters. If a rental device malfunctions because of inadequate maintenance, a failure to address a known problem, or another negligent act, the rental company may become a part of the investigation.
Rental records, maintenance records, electronic data, and the condition of the device may all become important evidence.
Property Owners
A dangerous condition on a sidewalk, parking lot, roadway, or other property may contribute to an accident. Depending on circumstances, a property owner, government entity, or contractor could be potentially liable.
Claims involving governmental entities can be subject to special rules and shorter deadlines. Prompt investigation is particularly important in these cases.
What if the E-Bike or E-Scooter was Rented?
After a crash involving a rented e-bike or e-scooter, riders should preserve the rental receipt, app information, ride history, photographs, and any communication with the rental company.
Do not discard or repair the potentially defective device before it can be properly documented and evaluated. The condition of the device may be important if a malfunction or maintenance issue contributed to the accident.
A rental company’s involvement does not automatically mean the company is legally responsible. Liability depends on the accident circumstances and the evidence established.
What Compensation May Be Available?
An injured e-bike or e-scooter rider may be able to seek compensation for losses resulting from the accident. Depending on the circumstances, damages may include:
- Emergency medical treatment
- Hospital and physician expenses
- Rehabilitation and physical therapy
- Prescription and other medical costs
- Pain and suffering
The value of claim depends on factors such as the severity of the injuries, medical treatment, expected future care, and the evidence established liability.
The growing use of electric bicycles and scooters has lead to an increase in reported injuries and hospitalizations. The JAMA Network analyzed an estimated 45,586 e-bike injuries and 189,517 e-scooter injuries during the 2017-2022 period, where riders required emergency medical care.
What if the Injured Rider was Partly at Fault?
Being partially responsible for an accident does not necessarily prevent an injured person from recovering compensation in Illinois.
Illinois follows a modified comparative-fault system. If an injured person’s contributory fault is 50% or less, the damages recovered are reduced in proportion to the plaintiff’s share of fault. If the person’s fault is more than 50%, the plaintiff is barred from recovering damages under the statute.
Determining fault is often one of the most disputed parts of an accident claim. An insurance company may attempt to place some of the blame on the injured rider, making evidence from the accident scene particularly important.
What Should You Do After an Illinois E-Bike or E-Scooter Accident?
After a crash, your health and safety should come first. Once you are able, consider taking the following steps:
- Seek medical attention.
Get medical attention as soon as possible, even if injuries initially seem minor. Some injuries may not be apparent immediately.
- Report the accident.
A police report can document basic circumstances of the crash and may identify the people and vehicles involved.
- Document the scene.
If you are able to, photograph or video the accident scene, roadway conditions, traffic signs, damage, and your injuries. Conditions like potholes, debris, or construction can change quickly.
Collect witness information.
Obtain names and contact information of people who witness the accident. Independent witnesses may provide important evidence about how the collision occurred and who was at fault.
- Preserve the e-bike or scooter.
Keep the e-bike or e-scooter in the condition it was in after the accident whenever possible. Do not discard, alter, repair, or modify the device before it can be properly documented.
- Keep records.
Keep copies of medical bills, medical records, prescriptions, rental records, photographs, and other documents related to the accident. Maintaining these records can establish the extent of your losses.
- Speak with an Illinois personal injury attorney.
An attorney can advise you about your legal options. Prompt legal advice can be important when evidence may get lost or when special deadlines apply.
Illinois Has a Deadline for Personal Injury Claims
Illinois generally requires personal injury claims to be filed within two years after the accident occurs. There can be important exceptions and special rules depending on the circumstances, including claims involving governmental entities, minors, and other significant factors.
Missing an applicable deadline can prevent a person from pursuing a claim. An injured rider should not assume there is unlimited time to investigate an accident or file a lawsuit.
Contact The Illinois Hammer
An e-bike or e-scooter collision can be more complicated than it initially appears. Determining who was responsible for may require examining traffic laws, vehicle, and device damage, witness testimony, and potentially defective equipment.
If you or a loved one were injured in an e-bike or e-scooter accident in Illinois, contact The Illinois Hammer here or call (888-4-HAMMER) to learn about your legal options.
