Scooters Are Everywhere. So Are the Injuries. It’s Time to Catch Up.

All Practice Areas

By Michael J. Epstein, The Epstein Law Firm, P.A.

 

If you’ve been to Hoboken, Jersey City, or even the quieter suburbs lately, you’ve seen it: scooters everywhere. They’re cheap, they’re green, they’re convenient—and they’re dangerous.

Emergency rooms across the country are sounding the alarm. Scooter-related injuries have skyrocketed in recent years, with thousands of riders suffering broken bones, concussions, and head trauma. Some studies show ER visits tied to scooters have tripled since 2017. In cities where shared scooters have become part of the daily commute, trauma centers have quietly adjusted staffing to handle the influx.

The problem is that scooters are spreading faster than our safety rules, insurance frameworks, and infrastructure can keep up. That’s not just a public health issue—it’s a legal one. And unless we act, it’s only going to get worse.

The Hidden Toll

On paper, scooters look like a safe bet. They top out at relatively low speeds—often capped at 15 miles per hour—and they’re lighter and less intimidating than motorcycles. But here’s the reality: most riders don’t wear helmets. Many are teenagers or young adults with little road experience. Scooters share the same streets as cars, trucks, buses, and distracted drivers. That’s a mismatch in physics, and the scooter rider always loses.

In my practice, I’ve seen firsthand what happens when scooters collide with cars—or when riders hit a pothole or crack in the pavement. Broken jaws, shattered wrists, spinal injuries. For every “near miss” you see on the road, there’s a family dealing with the aftermath in an emergency room.

The data backs this up. A 2019 CDC study found that nearly half of scooter-related injuries involve head trauma—no doubt this is getting worse. And unlike cycling, where helmet use is slowly becoming more common, scooter riders rarely take that precaution. The result? A predictable—and preventable—public safety crisis.

Why the Law Is Behind

Here’s where things get complicated. Scooters don’t fit neatly into existing legal categories. They’re not cars, so they don’t trigger the same insurance requirements. They’re not bicycles, which are recognized in most states’ traffic codes and usually covered by Personal Injury Protection (PIP) benefits if struck by a vehicle. Scooters float in a legal gray zone, where riders often discover—too late—that their injuries aren’t covered.

Take New Jersey’s recent Supreme Court ruling in Goyco v. Progressive Insurance Company. The Court held that scooter riders are not “pedestrians” under the No-Fault Act and therefore aren’t entitled to PIP benefits. Cyclists still get coverage. Walkers still get coverage. Scooter riders? They’re on their own.

This mismatch between how scooters are used and how the law treats them means injured riders frequently face staggering medical bills with no safety net. It’s a gap in the law, and it’s one that needs to be closed.

What Cities Are (and Aren’t) Doing

Some municipalities have responded by banning or restricting scooter use altogether. Others have partnered with scooter-share companies, hoping to cut down on car traffic and emissions. But few cities have tackled the core safety issues head-on.

Helmets: In New Jersey, only riders under 17 are required to wear helmets. That’s a law stuck in the past. Helmets save lives, period.

Infrastructure: Bike lanes often double as scooter lanes, but they’re too narrow and uneven to handle the surge in riders. Cracked pavement that might jostle a bike can throw a scooter rider headfirst into traffic.

Education: Few riders know the traffic laws that apply to scooters. They zip down sidewalks, weave through crosswalks, and ride at night without lights. It’s a recipe for disaster.

Scooters aren’t going away. The answer isn’t to ban them—it’s to regulate them like the serious vehicles they are.

What Needs to Change

1. Helmet Requirements: Every scooter rider, regardless of age, should be required to wear a helmet. We don’t hesitate to make motorcycle helmets mandatory. Why should scooters be different?
2. Insurance Clarity: State legislatures need to define whether scooters are entitled to PIP benefits or require operators to carry a basic insurance policy. Right now, riders are often blindsided by denials of coverage.
   
3. Better Infrastructure: If we’re going to encourage scooters as part of “green transportation,” we need safe lanes designed for them—not just bikes. Smooth surfaces, clear signage, and lighting are minimum requirements.
   
4. Company Accountability: Scooter-share companies should do more than flood the streets with devices. They should provide education, offer helmets, and carry insurance to cover their riders. Some companies already do this voluntarily; it should be the rule, not the exception.

The Lawyer’s Perspective

As an attorney, I see where this is heading: more lawsuits, more families devastated, and more confusion about who pays when scooters crash. That’s not good for riders, not good for insurers, and not good for cities.

The courts can only do so much. The bigger fixes must come from lawmakers and regulators who recognize that our transportation landscape is changing. Scooters are part of that change—but they can’t be allowed to operate in a regulatory vacuum.

Riders, Protect Yourselves

Until the law catches up, riders have to look out for themselves. That means:

• Wear a helmet every single ride.
  
• Check your health insurance so you know what’s covered.
  
• Treat scooters like vehicles—follow traffic laws, don’t ride on sidewalks, and make yourself visible.

Scooters should be fun, practical, and safe. Right now, they’re too often the opposite.

The Bottom Line

Scooters are here to stay. They’re an exciting part of the future of urban mobility. But with popularity comes responsibility—both for riders and for lawmakers. We can’t afford to wait until more lives are lost or more families are bankrupted by medical bills.

The public safety crisis is already here. It’s time we caught up.

Michael J. Epstein, a Harvard Law School graduate, is a trial lawyer and managing partner of The Epstein Law Firm, P.A., a law firm based in New Jersey.