E-Scooter & Personal Mobility Device Accident Compensation Lawyers
We are expert compensation lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast and major regional centres. Free initial advice and 100% risk-free claims with no upfront costs and our No Win, No Fee, No Catch® promise for anyone who has suffered an e-scooter or personal mobility device accident.
If you or a loved one has sustained an injury in an e-scooter or personal mobility device accident in Queensland due to someone else's fault or negligence, you may be entitled to claim compensation.
This guide will help you understand what you need to know about your rights to claim compensation, looking at the definition of an e-scooter or mobility device accident, who is most at risk, the process of making a claim and answering any questions about your claim that you may have in our FAQ.
Smith's Lawyers offers free initial advice with no-obligation appointments available at your home, in hospital, at our office, or over the phone - whatever works best for you. We operate under our unique No Win, No Fee, No Catch® promise, meaning you pay no upfront costs and we'll even cover the other side's legal costs if your case goes to court and is unsuccessful.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After E-Scooter & Personal Mobility Device Accidents
These types of accidents are becoming increasingly common across Queensland. Between January 2021 and December 2024, almost 5000 people had to visit a hospital because of an e-scooter injury. In 2024 alone, 8 lives were sadly lost.
The lifetime cost of serious injuries from e-scooter accidents can range from tens of thousands to over $1.5 million for catastrophic injuries. These may involve spinal damage or traumatic brain injuries.
Your Legal Rights: If you've been injured due to someone else's negligence, you have the right to seek compensation. However, e-scooter accidents present unique challenges as there’s no obligation to have Compulsory Third Party (CTP) insurance like motor vehicles require.
Key Compensation Schemes Available:
- Road and Car Accidents: CTP scheme only applies if a registered motor vehicle is at fault in the accident (e.g., car hits e-scooter rider)
- Workplace Accidents: WorkCover Queensland covers delivery riders and workers who use e-scooters during employment. On top of this, common law claims may apply where negligence can be shown.
- Accidents that Take Place in a Public Place: These may include public liability claims against councils for poor maintenance of land they manage or private property owners who show disregard for safety standards.
- Product Liability: This would include claims against manufacturers for mechanical failures or design defects
- Total and Permanent Disability (TPD): Superannuation claims for severe injuries preventing future work
What Are E-Scooter & Personal Mobility Device Accidents?
To state it simply, e-scooter and personal mobility device (PMD) accidents involve injuries which the user sustains while riding. It also includes, however, the risk of being struck by electric scooters, electric skateboards, hoverboards, or similar battery-powered devices. Such accidents as these can affect riders, pedestrians, as well as other road users.
How These Accidents Affect People:
- Physical injuries: these can range from the minor to the possibly life-threatening
- Emotional trauma and anxiety: especially when a person comes into contact with these following the incident
- Money: usually financial stress from medical bills and/or lost income
- Long-term effects: severe disability requiring ongoing care and rehabilitation
Severity Classifications:
- Minor: Cuts, bruises, minor fractures requiring basic treatment
- Moderate: Broken bones, concussion, most often requiring hospital treatment and time off work
- Severe: Head injuries, spinal damage, multiple fractures requiring surgery and extended rehabilitation
- Catastrophic: Permanent disability, brain damage, paralysis affecting a person’s life permanently
Impact on Daily Life: It goes without saying that these awful events can severely impact your ability to work, care for your family, enjoy life, and maintain your independence. Even "minor" injuries can have lasting effects which may not become apparent for many weeks or even months.
Common Causes of E-Scooter & Personal Mobility Device Accidents
This list of possible causes is extensive. We’ve divided them here into various categories which may help you better understand your injury or that of a loved one:
Collisions:
- Vehicle collisions at intersections or while lane sharing
- Pedestrian accident on footpaths or shared paths
- Bike lane crashes with cyclists
- Crashes where there was more than one rider
Infrastructure and Environmental Factors:
- Cracked or uneven footpaths
- Poor lighting in riding areas
- No designated lanes or parking
- Slippery surfaces after rain
- Construction zones without warnings
Mechanical Failures:
- Brake failures
- Battery malfunctions causing sudden stops
- Wheel or steering mechanism problems
- Inadequate maintenance
Human Factors:
- Inexperienced riders not having been trained properly
- Riding under the influence of alcohol or drugs
- Distracted while using mobile phones
- Going above the speed limit for the conditions presented
- Not wearing the required safety equipment, such as helmets
Simply Not Following the Rules:
- Riding in prohibited areas like shopping centres
- Underage riding or allowing children to use adult devices
- Exceeding speed limits (12km/h on footpaths, 25km/h on roads)
Workers Most at Risk
Certain occupations may face higher risks of e-scooter and PMD accidents simply given the fact that they may be used more frequently by certain professions.
High-Risk Industries:
- Food delivery services: Uber Eats, Deliveroo, DoorDash drivers face 60% higher injury rates due to time pressure and frequent riding
- Courier and logistics: Delivery workers using e-scooters to save time in larger housing estates
- Tourism and hospitality: Tour guides and hotel staff using e-scooters for guest services
- Security services: Guards patrolling large premises or events
- Healthcare workers: Staff moving between facilities or large hospital campuses
Main Risk Factors:
- Time pressure: Being pushed to drive quicker to get that day’s pay
- Weather exposure: Snow and rain making road surfaces more accident-prone
- Unfamiliar routes: Navigating new areas without the know-how
- Equipment maintenance: Using poorly maintained rental devices
Ways To Reduce the Risk:
- Comprehensive training programs, especially for new riders
- Regular safety equipment checks
- Policies which take into account the weather
- Adequate employer insurance
E-Scooter & Personal Mobility Device Claim Process - Key Steps
1. Seek legal advice
The first step is contacting a specialist law firm with expertise in e-scooter and personal mobility device claims and who understand your right to compensation. It’s also important to research whether this firm knows the ins-and-outs of the legal system within Queensland.
2. Engage a personal injury lawyer
At Smith’s Lawyers, during your no-obligation consultation, we'll explain the claims process, gather key information about your accident and injuries, assess your case strength, and identify potentially liable parties. Our client agreement will be clearly explained, and we run all claims completely risk-free under our No Win, No Fee, No Catch® promise.
3. Gather evidence to build your case
Your lawyer will collect key evidence like medical and accident reports, witness statements, CCTV or dashcam footage, and proof of lost earnings. Later, independent medical checks assess your ability to work and recover. For e-scooter claims, we also keep maintenance records and rental agreements.
4. File your personal injury claim
Your solicitor lodges the appropriate claim and begins negotiations with liable parties and their insurance companies. This might involve CTP insurers (if a motor vehicle was involved), WorkCover Queensland (for workplace accidents), council liability insurers, or product manufacturers depending on who was at fault.
5. Negotiate with the party at fault
Negotiations aim to achieve a fair settlement covering all your medical expenses, lost wages, pain and suffering, and future care needs. Most cases settle through compulsory conferences or mediation. But should going to court be necessary, your dedicated legal team will be there to guide you through every step of the way.
6. Settlement payment
Successful claims result in lump-sum tax-free compensation payments. The amount depends for the most part on the severity of the injury, if your earning potential has been affected, medical expenses, and pain and suffering (see how it is calculated). Our legal fees are only charged upon successful outcomes, calculated fairly based on the work performed rather than a percentage of your settlement.
Evidence You'll Need
Although your legal team will be able to help with this, it’s good to know what you might need and be prepared to gather it early on to save delays in the claims process.
Medical Documentation:
- Emergency department records and ambulance reports
- GP and specialist medical reports detailing all injuries
- Diagnostic imaging (X-rays, CT scans, MRIs)
- Treatment records from physiotherapists, psychologists, and other practitioners
- Medical certificates showing time off work
- Future treatment recommendations and cost estimates
Accident and Incident Reports:
- Police reports (mandatory for accidents involving motor vehicles)
- Council incident reports for public place accidents
- Workplace incident reports if injured during employment
- Rental company incident reports and device inspection records
- Insurance company claim forms and correspondence
Witness Information:
- Contact details for all witnesses (pedestrians, drivers, other riders)
- Written witness statements
- Expert witness reports, if necessary
Financial and Employment Records:
- Pay slips and tax returns showing pre-accident income
- Receipts and invoices for medical expenses
- Travel costs for medical appointments
- Home care and assistance expenses
- Evidence of impact on your career and future earning capacity
Visual and Technical Evidence:
- Photographs of your injuries at various healing stages
- Photos of the accident scene, road conditions, and any hazards
- Images of the e-scooter or PMD showing any damage or defects
- CCTV footage from nearby businesses or council cameras
- Dashcam footage from nearby vehicles
E-Scooter Specific Evidence:
- Rental agreements and user terms and conditions
- Device maintenance logs and inspection records
- GPS data showing speed and location at time of accident
- Battery and mechanical inspection reports
- Manufacturer's safety warnings and recall notices
How Is Compensation Calculated?
Compensation calculations for e-scooter and personal mobility accidents depend on multiple factors and the type of claim pathway available. We’ll try to simplify the data and tell you just what you need to know:
Differences Between Claim Types:
- CTP claims: Standardized assessment processes with defined benefit limits
- Public liability: No statutory limits but must prove negligence
- WorkCover: Statutory benefits plus potential common law claims
- TPD claims: Lump sum based on superannuation balance and policy terms
Factors Which May Affect Compensation:
- Severity of injuries
- Age and pre-accident earning capacity
- Impact on work and career prospects
- Pain, suffering, and inability to enjoy life
- Medical and rehabilitation costs (past and future)
- Home care and assistance needs
- Degree of liability from any of the parties involved
Types of Damages Available:
Economic Damages:
- Lost wages and salary (past and future)
- Medical expenses and ongoing treatment costs
- Rehabilitation and therapy expenses
- Home modifications for disability access
- Costs involved in needing carers/specialists
- Travel expenses for medical treatment
Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment
- Impacts on mental health and trauma
- Disruption to family life
Compensation Ranges Based on Injury Severity:
Some Real Case Examples:
- A delivery driver working in Brisbane suffered a fractured pelvis whilst at work and continues to experience ongoing pain: Settlement received: $180,000.
- A pedestrian on the Sunshine Coast was struck by an e-scooter and required shoulder reconstruction. Settlement received: $85,000.
- A tourist visiting the Gold Coast sustained a traumatic brain injury in an accident involving a rental e-scooter. Settlement received: $180,000.
Time Limits for Claims
For claims made within Queensland:
- WorkCover: 6 months to lodge initial claim, 3 years for common law proceedings from injury date or diagnosis
- CTP (Motor accidents): 9 months for Notice of Accident Claim (NOAC) form, or 1 month from first lawyer consultation, with 3 years for court proceedings
- Public liability: 3 years from injury date, but councils may require notice within 1-9 months depending on location
- Product liability: 3 years from injury date or when defect discovered
- TPD superannuation: No strict time limit but claims should be lodged promptly after disability stabilizes
Some Special Circumstances to Consider:
- Extensions may be possible for victims who were under 18 at the time of the incident
- Mental incapacity may also allow for extended time limits
- Late discovery of injuries or their full extent may allow extensions
- Some councils have shorter notice periods, making early legal advice crucial
Important Considerations: Evidence deteriorates over time. For example, CCTV footage is often deleted after 30 days, witnesses become harder to locate, and accident scenes change. Early legal intervention is essential to make sure you have all the right evidence to make the best claim possible.
Smith's Lawyers offers free case reviews to help you understand your legal rights and ensure you don't miss critical deadlines. We operate on our No Win, No Fee, No Catch® basis, meaning there's no financial risk in seeking advice.
Frequently Asked Questions
Can I claim compensation if I was injured on a rental e-scooter?
Yes, but it often depends on the cause. A mechanical failure, you might have a product liability claim against the manufacturer or rental company. Poor road conditions, a public liability claim against the council might be more appropriate. Rental company waivers don't always prevent claims, especially for gross negligence.
What if the at-fault e-scooter rider has no insurance or money?
This is a common challenge since e-scooters don't require CTP insurance. However, you might still have options through public liability (if poor infrastructure was a contributory factor), your own insurance, or CTP if a motor vehicle was involved.
How long does an e-scooter accident claim take to resolve?
Simple cases might settle within 6-18 months, while complex cases involving severe injuries or disputed liability can take 2-4 years. The timeline depends on injury recovery, evidence gatheSimple cases might settle within 6-18 months, while complex cases involving severe injuries or disputed liability can take up to 2-4 years. It depends on a number of factors: recovery time, gathering the evidence, and how complex the negotiation is.ring, and negotiation complexity. WorkCover claims typically process faster than public liability claims.
Can I claim if I was partially at fault for the accident?
Yes, Queensland uses "contributory negligence" principles. Your compensation will be reduced by your percentage of fault, but you can still recover damages. For example, if you're found to have been 30% at fault, you'll receive 70% of your assessed damages.
You're likely covered by WorkCover Queensland, which provides medical expenses, payments for lost wages, and rehabilitation support. In this case, it doesn’t matter who was at fault. You may also have a separate common law claim if your employer or another party was negligent, potentially providing an additional lump-sum.
The law in Queensland requires police reporting if the other party fails to share their contact details or if anyone is injured and requires medical attention. Even if not legally required, police reports provide valuable independent evidence for your claim.
If your injuries prevent you from ever working again in any capacity, you may be eligible for Total and Permanent Disability benefits through your superannuation. TPD claims can provide substantial lump-sum payments but they often have strict criteria establishing what is considered and not considered a disability.
Before anything else, seek medical attention, even for seemingly minor injuries. Gather evidence immediately. This might include photos, witness details, and the other party's information. Report the accident to relevant authorities and contact a specialist lawyer as soon as possible to preserve evidence and get on track with making your claim.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to E-scooter & PMD accident Compensation claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.