E-Scooter Accidents: Can You Claim Compensation, According to a Law Firm in Cork?

by Breen Walsh Solicitors Solicitors In Cork

Recently, the traffic of e-scooters has increased significantly, the demand mostly originating from commuters who feel it’s cheap and environmentally-friendly. However, with the rise in such sustainable two-wheelers, the risk of accidents has also shot up. Many have suffered serious injuries and for a few, it has also proved fatal. A quick look at the data recorded between 2020 and 2022 reveals around 1370 traffic accidents, among which 440 were collisions.

Normally, there must be a legislative provision. Unfortunately, there is none, which implies that e-scooters are illegal to use in public places. However, anyone with the permission of the landowner may ride it on private land. Likewise, you may have countless questions regarding e-scooters. We have discussed them by speaking to a law firm in Cork about claims and compensations arising from e-scooter accidents. Move over to the upcoming sections to discover them.

Is E-Scooters Illegal in Ireland?

Yes, it’s illegal to drive an e-scooter in a public place. As per the Road Traffic Act 1961, such a two-wheeler is a mechanically propelled vehicle. It implies that a rider has to pay road tax, register the two-wheeler and have it covered under insurance. Sadly, there is zero legislation provision for the stated facts. Hence, it’s proved that an e-scooter cannot be allowed in public places without the landowner’s permission.

What are the Proposed Legislations?

A Road Traffic and Roads Bill has been proposed stating the following:

If e-scooters fall under the ‘powered personal transporters’ with a speed under 25 km/h, they shall be exempt from a licence, registration, tax, and insurance requirements.
Those exceeding 25 km/h shall fall under the moped and motorcycle categories and shall require all the above documents.
There shall be safety measures whereby the minimum age to drive an e-scooter shall be fixed at around 16 years and above.
Helmets shall be compulsory between the age group 16-18 years.
Running e-scooters on footpaths shall be banned.

Litigation Solicitors in Cork City are looking forward to passing this Bill.

Can You Bring up a Claim for Compensation Against MIBI?

According to the Motor Insurance Bureau of Ireland (MIBI), e-scooters are yet to achieve the title of ‘mechanically controlled vehicles’. Hence, if someone is hurt in an accident with an e-scooter, the victim cannot bring up a compensation claim even when the owner has no insurance covered. MIBI can compensate only when there is an equivalent scheme.

Things to Do When You Are Hit by an E-Scooter

Here is the course of action expected of a victim hit by an e-scooter on the road:

Stay calm and note down the rider’s name, address and contact details. If possible, take a photo of the person’s driving licence.
Take a photo of the e-scooter that hit you, the spot where the accident occurred and any other detail you feel is significant.
Save the contact details of witnesses around.
Seek medical attention if you are badly hurt.
Dial a Garda’s number and call him/ her.
If unavailable, report the incident when the Gardai is next accessible.
Never forget to note down the Garda’s name and reference number after reporting the accident.
Visit a law firm in Cork.

Since the e-scooter is not covered under insurance, the damages can only be recovered from the personal assets of the offender.

How Much Compensation is Guaranteed for an Injury?

It is entirely dependent on the nature of the injuries and the financial loss you suffered. It can include the following:

Current and foreseeable medical expenses
Care costs of the injuries
Compensation for the injuries caused, whereby the amount depends on how serious the injuries are and the time taken to recover
Miscellaneous expenses
Loss of earnings
The expenses involved in alterations to home or car due to injuries

By When Should You Make a Claim?

The Irish legislation normally mentions 2 years within which a victim can order a claim with a few exceptions:

If the victim is a child, you can take up the case at any time until he/ she reaches the age of 18. Once 18 years old, the child himself/ herself can bring a claim until he/ she reaches 20.
The time limit is infinite for someone with no mental capacity.

From the discussion, it’s clear that e-scooters are currently illegal in Ireland and waiting for the new Road Traffic and Roads Bill to pass for vehicles to be used in public places. Since the vehicles are not under insurance coverage, the cost of recovering injuries has to be cleared by the offender personally. It’s always better to seek legal advice and assistance from accident claims solicitors in Cork City to learn about the claim process in detail and have a confidential discussion on the accident with the legal specialist.

Author Bio:

The author writes informative content for readers to draw insights when looking for or engaging Law firm in Cork City. Many refer to her comprehensive guides, whereas others update themselves about the changes to Irish law in spheres typically around the property, family, employment, litigation, deed poll, wills & probate, medical negligence and others.