Bike Lanes, E-Scooters, and the Law: Who’s Liable in a Santa Ana Micromobility Accident

Micromobility (especially e-scooters and e-bikes) is quickly expanding in Santa Ana, California. For many users, electronic transportation devices can be a fast and environmentally-friendly way to get around town. But these devices also present new risks and accident potential. When a collision occurs—especially if it happens in a bike lane or with another vehicle—questions of fault naturally arise. 

What’s Micromobility and What Are the Rules?

The term “micromobility” encompasses a broad range of small motorized or electric vehicles typically used for short-distance travel. E-scooters and e-bikes fit in this category. Of course, these devices carry mechanical, electrical, and human-factor risks, such as brake failure, electrical issues, battery fires, or even rider error and/or intoxication.

California’s Rules on E-Scooters  

California has legal definitions of e-bikes, which include Class 1, 2, or 3, based on the type of assist and top speed. Rules on who can ride and how they can ride may vary by class and local ordinance. 

State law provides baseline requirements on e-scooter operation. Generally, riders should be at least 16 years old and have a valid driver’s license or permit. The majority of scooter companies themselves impose age minimums of at least 18 years.

Riders under 18 are required by law to wear a helmet. However, all users should strongly consider wearing a helmet regardless of their age. Additionally, riders should not exceed 15 mph when operating their scooter and must stay off sidewalks (except for short moments when attempting to cross). Riders must ride in bike lanes, if available—especially on streets with speed limits over 25 mph.

Where Accidents Happen: Bike Lanes and Roadways

Bike lanes are often safer for riders than sidewalks or motor vehicle lanes—but they also introduce new hazards. For instance, riders may need to exit a bike lane when turning or avoiding debris, and must yield to other traffic first. Unfortunately, some motor vehicle drivers do not properly see or yield to bike lanes—and that can result in a horrific collision.

Frequent Accident Scenarios

• Doorings: Car door opens into a cyclist or e-scooter rider in the bike lane.
• Right-hooks or left-turn collisions: Motorist turns across a bike lane without yielding.
• Road defects: Potholes or debris in bike lanes cause riders to crash—potential city or property owner liability.

Who Could Be at Fault?

Fault may rest on any or all parties involved. Consider the following:

The Rider

If a rider runs a red light or stop sign, speeds, rides on a sidewalk, is under the influence, or rides recklessly, he or she may be found partially or completely at fault. Riders are subject to California’s comparative negligence standard, meaning a partially at-fault injured party can still recover damages, but it will be reduced by their percentage of fault.

The Driver of Another Vehicle

Drivers of vehicles who fail to look for e-scooters, illegally drive in bike lanes, turn improperly, or drive distracted can be found liable. Whether a driver owed a duty of care to a vulnerable micromobility user—and if they breached that duty—is a decision a judge or jury would have to make.

The City or Municipality

If the crash was caused by a damaged or missing road sign, a defective road surface, a pothole, or an improperly designed or maintained bike lane, the city—or other relevant jurisdiction—could be held legally responsible. Please note, however, that these types of claims generally have strict notice requirements and timelines.

The Scooter or Bike Rental Company

Manufacturers and rental companies owe a duty of care to riders to maintain equipment in a reasonably safe condition. Things like a brake malfunction, loose handlebar, or a missing pedal could support a claim against the company, and sometimes the manufacturer, under product liability.

The Manufacturer or Retailer

If the bike or scooter was inherently unsafe due to a design defect, manufacturing error, or inadequate warning labels, a claim could be brought against the manufacturer or seller.

Potential Compensation After an Accident

Victims may be able to recover compensation for:

• Medical bills
• Lost income or earning capacity
• Pain and suffering and emotional distress
• Property damage or device replacement
• Funeral expenses or loss of support (in cases involving wrongful death)

To be clear, fault is not necessarily an all-or-nothing proposition. Multiple parties can share liability under California law.  

Steps to Take After a Micromobility Accident in Santa Ana

1. Seek medical treatment immediately—even if the injuries seem minor.
2. Document the accident scene and take photos of the road or bike lane conditions, the vehicle positions, and the scooter or bike.
3. Report the accident to the police and get a police report.
4. Gather witness information such as names and contact details.
5. Preserve evidence—do not throw away the device, and do not clean up debris without speaking to an attorney first.
6. Contact an experienced personal injury attorney to help you understand and protect your rights. An attorney who is familiar with these types of cases can make a real difference.

The Importance of Legal Representation  

In our experience, micromobility accident claims are rarely straightforward. E-scooter and e-bike accidents typically present new legal issues—particularly where more than one party shares fault. Micromobility accidents often involve new or unsettled laws. E-scooter and bike lane rules continue to evolve as cities like Santa Ana adjust to these emerging modes of transportation. That said, an attorney who stays on top of new legislation and case law can help identify those who broke the rules. This knowledge can be critical in proving fault and pursuing damages.

Additionally, insurance coverage is often tricky. Personal car insurance often does not cover scooter operation. Rental companies may have some insurance, but may also try to exclude some injuries or claim scenarios. If a driver is uninsured or underinsured, victims may need to explore whether their own auto or homeowners’ policy could apply. A skilled lawyer can help investigate every potential source of compensation.

With respect to preserving evidence,  when you work with a skilled attorney, they can obtain crash data and subpoena nearby surveillance video. If needed, an attorney can ensure an insurance company does not mischaracterize a rider’s statements in an effort to reduce payouts. An experienced lawyer will make sure the facts of the case are told accurately and persuasively.

Accordingly, hiring an attorney can give you peace of mind. A good lawyer gives you a voice and a fair shot at full compensation, both at the negotiation table and, if necessary, in court.

The Future of Micromobility, Policies, and Liability

Southern California continues to integrate micromobility devices like e-bikes and scooters into its transportation network. The devices present new ways to get around, and they can also lower emissions and energy consumption when compared with gas-powered cars. But if Santa Ana and other cities throughout California want to continue welcoming micromobility innovation while also protecting public safety, they must carefully adapt and enforce their safety laws.

There will need to be infrastructure improvements. While scooters and e-bikes are advertised as congestion-reducing, safer roads and bike lanes are a must. Cities are starting to invest in protected bike lanes, improved lighting, and clearer signage to better separate bikes and scooters from motor vehicles and pedestrians. Not only do these upgrades prevent accidents, but they can also help clarify the right of way when an accident does happen, which will make proving fault easier.

It’s also likely that micromobility data-sharing requirements will become more popular. As e-scooter and bike companies increasingly collect rider data on location and device usage, they will probably face calls to make this data available to cities. With this data, Santa Ana and other city planners and researchers can better identify where accidents are happening and which bike lanes are being used the most. Access to data will even help accident lawyers reconstruct crash scenes.

As a final thought, public education and awareness campaigns are likely to increase. Campaigns may take the form of reminding drivers to check bike lanes before turning, educating riders on the rules related to sidewalk riding, or even encouraging rider helmet use. Public safety will become less about an individual’s responsibility and more about a community’s shared responsibility.

Santa Ana residents should stay informed about these legal changes and trends. And work with attorneys who know and understand these changes as they happen.

Seek Legal Guidance from an Experienced Personal Injury Lawyer

Micromobility in Santa Ana opens up new possibilities for transportation, but those possibilities can come with legal challenges. When bike lane or sidewalk collisions occur, responsibility might be on the rider, motor vehicle driver, a company, a manufacturer, or even the city. To get the most out of a personal injury claim, micromobility accident victims should document everything, seek medical care, and at least talk to a qualified attorney to learn about the strict deadlines and nuanced liability rules involved. With smart urban design, thoughtful new legislation, and informed riders, micromobility in Santa Ana can remain both convenient and safe. Contact us today to discuss your options under the law.