Your rights if you’re hit by an e-scooter or if you hit a pedestrian

Sharing the road or footpath with an e-scooter or e-bike is becoming an everyday experience for many Australians commuting to work or enjoying the outdoors on the weekend.

According to recent Slater and Gordon research, conducted by Roy Morgan, more than half of Australian road users would prefer to have e-scooters off our roads, with half saying they should be banned from footpaths.

The majority of road users (56 per cent) are against sharing the road with e-scooters and e-bikes, saying they are too dangerous for road use and should be for private use only. While half (50 per cent) of the survey respondents said e-scooter and e-bikes should not be allowed on footpaths.

Your legal rights as a pedestrian are often limited if you have been knocked over and injured by a person riding an e-scooter.

“If you are riding an e-scooter or e-bike, keep left of oncoming bicycles and other personal mobility devices and follow the road rules. The rules vary depending on what state you riding the e-scooter in,” Slater and Gordon QLD Head of Work and Roads Peta Yujnovich says.

“In QLD, for example, when riding on the road, e-scooters must comply with normal road rules. In Victoria and NSW, you cannot ride on the footpath, but in all other states you can. In QLD, you can ride on a footpath at a maximum speed of 12km/h and you must give way to other path users.

“If you are hit as a pedestrian, you may have rights under public liability law - if you’ve been injured in a public place and you were not at fault. Whether or not you can access compensation to cover your injuries and any costs including loss of income, would depend on whether the other person involved in the accident is insured and what type of insurance they have.”

The majority of e-scooter companies have insurance policies to cover compensation for pedestrians, but it’s often limited and may not cover every aspect of a potential claim.

“If you hit a pedestrian while riding an e-scooter, you could potentially be responsible or liable for the accident and the person’s injuries, if negligence can be proven. A pedestrian could also make a claim directly against the rider of the e-scooter. If the rider has a public liability insurance policy that covers the riding of the e-scooter, the insurance company would cover the accident. If they don’t, the pedestrian could claim compensation directly from the individual e-scooter rider,” Ms Yujnovich says.

E-scooter riders can purchase insurance to cover them for their own injuries as well as others while riding, as well as for any damage to their e-scooter if they have an accident.

“You would potentially be relying on the insurance policy covering the e-scooter company and its riders. However, these policies usually only cover those who are legally able to ride an e-scooter and potentially those who have not broken any road rules,” Ms Yujnovich says.

Privately owned e-scooters can only be ridden on private property in NSW. E-bike riders are generally bound by the same rules that apply to bicycles but rules differ from state to state.

If you have been in an e-scooter accident, it’s important to understand what support is available you to help you recover and get back to work and your regular life as quickly as possible.

E-scooters on footpaths and roads

QLD

You can ride on footpaths (up to 12km/h), and shared paths (12km/h unless otherwise signed) as long as you follow the road rules such as giving way to and travelling at a safe distance from pedestrians. You can ride in bike lanes on roads with a speed limit of 50km/h or less, and can travel at up to 25km/h but you must follow speed limits lower than 25km/h.

VIC

When using commercial hire e-scooters, you must not ride on footpaths. You can only ride in bicycle lanes, on bicycle paths, shared paths and roads with a speed limit less than 50km/h.

NSW

E-scooters are not permitted on the road or footpaths. Riding on the footpath can cost you a $120 fine. You must not exceed 10km/h on shared paths, and 20km/h on bicycle paths/lanes and roads. At selected trial locations, e-scooter shared schemes are allowed on bicycle paths, shared paths and roads (including bicycle lanes) where the speed limit is up to 50km/h.

WA

You must not exceed the speed limit of 10km/h on a footpath or 25km/h on a carriageway, bicycle path or shared path.

NT

Only ride on footpaths and shared paths and bicycle lanes, unless prohibited. E-scooters are limited to 15km/h. If you are caught riding an unapproved e-scooter, you may be fined for driving an unregistered and uninsured motor vehicle.

SA

E-scooter trials are underway and may be ridden on footpaths and shared paths unless otherwise prohibited. Riders must not exceed 15km/h. Operating a privately owned e-scooter requires a driver’s licence, registration and compulsory third party insurance. They cannot be used on roads or road related areas such as foot paths, bike/pedestrian tracks, or vehicle parking areas.

TAS

E-scooters can be used on footpaths, shared and bicycle paths, and local roads with a speed limit of 50km/h or less, no dividing lines or median strip, and no multiple lanes if a one-way road.