Florida Injury Lawyer Blawg
Parked along every street corner or perched against the sides of South Miami buildings, taunting drivers sitting in grid-locked traffic on U.S. 1, is a cluster of e-scooters for rent.
The “epidemic,” as Ira Leesfield, the Founder and Managing Partner of Leesfield & Partners, first dubbed it in 2019 has become the cause for concern for councilmembers, politicians and safety advocates across the United States and abroad. Without licensing, insurance or age requirements, the drivers of electric scooters and bikes can go anywhere they please, meaning sidewalks, streets, pedestrian paths and more.
“Being unsightly may not be unforgivable, but landing innocent pedestrians or others in a neurosurgical coma is,” Leesfield said. “Not to mention a slew of other reported serious injuries … Just ask those who work at Hospitals and Emergency rooms or walk-in medical facilities.”
E-bikes and scooters are banned from all Miami Beach boardwalks and beach paths and a ‘zero tolerance’ policy was adopted by the Miami Beach Police Department in May 2024 for the e-vehicles on the beach pedestrian path, which goes from Bal Harbour to South Pointe Park.
In Key Biscayne, following the tragic death of a beloved school teacher in a crash with an e-bike, a temporary ban was issued in the island village starting in May 2024. This ban barred the e-vehicles from all roadways, sidewalks, beaches and bicycle paths excluding Crandon Park and Bill Baggs Cape Florida State Park.
Dangers Stretch Abroad
In Melbourne, Australia, e-scooter rentals were banned entirely due to hundreds of complaints and concerns over rising accident reports. Local officials said the e-modes-of-transport reigned “havoc” over their city and this week’s decision would make the “city safe again,” according to reporting from CNN.
As of December 2023, according to a report from the Royal Melbourne Hospital, there were 256 e-scooter-related injuries and one fatal crash as micro-mobility machines continue to grow in popularity. And Melbourne isn’t the only place spotting the obvious dangers. Paris voted to ban them in 2023, the machines have been banned in Copenhagen since 2020 before reintroducing them with strict rules later on. They are partially banned in Barcelona and, in London, privately-owned e-scooters are banned from public roads.
A Look at the Numbers
In the U.S., data from the Consumer Product Safety Commission states that there was a 21% increase from 2021 to 2022 in injuries involving these electric modes of transportation in the United States. Minors 14 years old and younger make up a “significant” amount of the reported injuries, according to reporting from CBS Miami.
The CPSC also reported that, in addition to crashes, the e-bikes also have issues with fires. Electric vehicle fires can burn hotter and longer than gas-powered fires and can be more difficult to put out and pose a significant threat to firefighters. While EV fires occur less frequently than traditional gas fires, they take a considerable amount of time and more water to put out. From January 2021 until November 2022, the CPSC reported at least 19 deaths as a result of fires involving the micro-mobility machines.
When it comes to litigation, municipalities allowing e-bike and e-scooter rental companies to operate within their city limits must hold them accountable. This means, according to a February 2019 article by Leesfield and Partner Justin Shapiro with the firm published in Trial Magazine, that these companies must warn customers about potential dangers.
“Because they are supplying a new transportation method that must co-exist alongside cars, trucks and pedestrians, service providers should have a duty to offer, at a minimum, reasonable warnings, instructions, and training,” the attorneys wrote in the article.
These companies must also be responsible for the proper maintenance of the bikes and or scooters they are offering for rent. These companies are each responsible for thousands of micro-mobility machines on the road that may have been used by hundreds of people before any maintenance on parts of the machines such as brakes, and or tires is conducted.
No regulations either at the municipal end of within these companies’ regulations require users to wear a helmet while riding an e-bike or e-scooter. While some companies offer free or discounted helmets on their websites, helmets are not mandatory. This unregulated aspect of e-bikes and e-scooters could likely be the cause of hundreds of cases of head injuries out of hospitals all over the country. Simple regulations such as helmet usage combined with age and insurance requirements could be the key to preventing multiple injuries and even deaths involving e-bikes and scooters.
“[ In Florida,] we regulate the age and education of auto operators and even require insurance,” Leesfield said. “The E-bike operators and, more importantly, the distributors must play by some rules.”
