Electric Scooter Accidents in Michigan: Who is Liable?

E-scooters are cheap, quiet and convenient on campuses and in downtowns. They also put riders, pedestrians and drivers in close quarters with almost no crash protection. Injuries are common. This is how Michigan classifies these machines, who may be at fault and how No-Fault can still apply when a car is involved.

WHAT IS AN ELECTRIC SCOOTER?

Michigan’s Vehicle Code does not use the words “electric scooter.” Stand-up e-scooters are almost always electric skateboards under MCL 257.13f:

• A wheeled device with a floorboard you stand on
• No more than 60 inches long and 18 inches wide
• Designed for one rider
• Electric propulsion of 2,500 watts or less
• Top speed of 25 mph or less on a paved, level surface
• May have handlebars and may also allow human propulsion

A machine that is faster, heavier or has a seat and no stand-on deck may instead be a moped, motorcycle or something else. Those classes have different license and insurance rules. See our moped and scooter overview.

WHAT ARE THE MICHIGAN LAWS FOR ELECTRIC SCOOTERS?

MCL 257.658 and MCL 257.660 are the core statewide rules:

• No one under 12 may operate an electric skateboard on a public highway or street
• Operators younger than 19 must wear a crash helmet
• One rider only
• Do not ride faster than 25 mph
• Without handlebars: stay off streets posted over 25 mph, except to cross
• With handlebars (typical rental scooters): stay off streets posted over 45 mph, except to cross
• No lane splitting (MCL 257.660(5))
• No more than two abreast except on a path set aside for that use
• Ride as near the right as practicable; yield to pedestrians
• Cities and townships may add sidewalk, downtown and waterfront rules

Lighting, MCL 257.662, when you ride from a half-hour after sunset to a half-hour before sunrise:

• A white front lamp visible from at least 500 feet
• A red rear reflector visible from 100 to 600 feet in low-beam headlights
• A red rear lamp visible from 500 feet is allowed in addition to the reflector, not required

Detroit and other cities cap shared scooter speed (often about 15 mph) and control where they may park. Check the local ordinance before you unlock an app scooter. Statewide equipment and age rules are usually civil infractions. A city public-safety ordinance can add its own penalties.

ARE ELECTRIC SCOOTERS DANGEROUS?

Riders have almost no metal around them. Small wheels catch potholes, streetcar tracks and broken sidewalk. Helmets are optional at 19 and older, and many rental users skip them. Shared fleets turn over fast; damage is not always reported. Phones distract riders, walkers and drivers.

DOES MICHIGAN NO-FAULT COVER E-SCOOTER CRASHES?

An electric skateboard is not a “motor vehicle” under the No-Fault act. There is no PIP on the scooter itself.

If a car or truck hits the rider, the injured person is generally treated like a pedestrian or bicyclist. PIP can still be owed by an involved auto insurer under the priority rules (often the rider’s own household auto policy first, then the striking vehicle). Medical PIP follows whatever limit that policy carries after the 2019 reforms, not unlimited coverage as a default.

A third-party claim against the driver for pain and suffering still has to meet MCL 500.3135 (serious impairment of body function, serious permanent disfigurement or death). MCL 600.2959 bars noneconomic damages if the injured person is more than 50 percent at fault.

A scooter-only crash (you vs. a pedestrian, another scooter or a curb) is ordinary negligence, not No-Fault. You may still have a claim against a careless rider, a property owner or, if the machine failed, a rental company or manufacturer.

WHO IS LIABLE?

It depends on how the crash happened:

• A negligent driver who hits a scooter
• A negligent scooter rider who hits a pedestrian
• A rental company that put a damaged scooter back on the street
• A manufacturer if a defect caused the wreck
• A city or property owner in a limited set of road or sidewalk defect cases (short notice deadlines)

More than one defendant is common. Michigan’s three-year personal-injury clock still applies to most private claims.

CAN I SUE IF I SIGNED A WAIVER?

Rental apps almost always include a release. Those contracts can make a case harder. They do not automatically wipe out every claim, especially against someone who was not a party to the app, or for conduct a court may treat as gross negligence. Do not assume the click-through screen is the last word. Have a lawyer read it.

OUR ELECTRIC SCOOTER ACCIDENT LAWYERS

If you or a loved one is hurt on or by an e-scooter, we can help. These files mix vehicle, premises and sometimes product law.

Electric scooter accident law is complicated, but finding the right bicycle and pedestrian accident lawyer is simple.

Don’t let the legal clock run out. Fill out the brief form below or contact us for a free, no-obligation consultation.