Electric scooters have become a fixture in Baltimore, the DC suburbs, and college towns across Maryland. With that growth has come real confusion about who has the right of way, where scooters are legally allowed, and what happens when a scooter is involved in a crash. Here's what the law actually says.
Maryland law treats standard electric scooters (technically "Electric Low Speed Scooters") largely the same as bicycles for traffic purposes, meaning a scooter rider generally has the same rights and responsibilities as a cyclist. To qualify under this classification, the scooter generally needs to be designed for a single rider, weigh under 100 pounds, be capable of no more than 20 mph on level pavement, and be equipped with handlebars and a standing platform.
Riders under 16 are generally required to wear a helmet meeting ANSI or Snell safety standards. No driver's license is required to operate one.
Scooter accidents raise questions that don't come up in a typical car accident case. Was the rider following the rules of the road? Was a driver failing to watch for scooters the same way they'd watch for a cyclist? Or was a scooter improperly parked somewhere that created a hazard for a pedestrian?
Because Maryland is a contributory negligence state, how a scooter accident is characterized (who was where, who had the right of way) can matter even more than usual. A rider who was technically outside a designated lane, or a driver who says the scooter "came out of nowhere," can turn into a fault dispute that determines whether an injured person recovers anything at all.
Am I covered by insurance if I'm hurt on a rental scooter?
It depends on the rental company's terms, your own auto or health insurance, and the specifics of what caused the accident. This is worth reviewing with an attorney rather than assuming either way.
Can I sue a scooter company after an accident?
Depending on the circumstances (a mechanical defect, improper maintenance, or a hazard the company should have addressed), there may be a claim beyond just the other person involved.
What should I do immediately after a scooter accident?
Get medical attention. Document the scene and any witnesses. And avoid discussing fault with anyone, including insurance adjusters, before speaking with an attorney. That last part matters even more given Maryland's contributory negligence rule.
Been hurt in a scooter accident in Maryland, whether as a rider, a driver, or a pedestrian? Call Portner & Shure for a free consultation. We'll help sort out what actually happened before an insurance company decides it for you.
Every case turns on its own facts, and a short conversation is the fastest way to find out where you stand. Call Portner & Shure at (410) 995-1515 for a free consultation, or contact us online. We have offices across Maryland and Virginia and have recovered over $500 million for our clients.
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