Electric scooters have transformed how people get around Alabama’s cities. They’re accessible and affordable, but they’ve also raised new questions about safety and responsibility. States and cities have responded with laws and regulations that apply to electric scooter (e-scooter) riders.
This article explains how both Alabama state law and local Birmingham ordinances work to protect e-scooter users. It also discusses how an Alabama personal injury attorney can help after an e-scooter accident.
The Rise of Scooters – and Scooter Injuries
Electric scooters were invented in the early 1990s, but they did not become widely available until the early 2000s. By 2017, the convergence of improved GPS technology, increased smartphone usage, and a growing need to get around cities made e-scooter sharing very popular.
Unfortunately, as e-scooter use has risen, so have e-scooter injuries. A 2024 JAMA Network Open study found that emergency-room visits from e-scooter crashes increased from about 8,500 to more than 56,000 from 2017 to 2022. A recent study from the Centers for Disease Control and Prevention (CDC) found that nearly half of all e-scooter riders who were hospitalized suffered head injuries, many of them traumatic brain injuries. Other common injuries in the CDC study involved the face, hands, arms, feet, and legs.
E-scooter accidents can be caused by a variety of factors. Those related to scooter users include:
- Losing control after hitting a curb, object, or road hazard such as a pothole
- Riding on sidewalks
- Speeding
- Being inexperienced
- Failing to ensure visibility, especially at night
According to the Consumer Product Safety Commission, motor vehicles are the leading cause of fatalities for e-scooter riders. Drivers can endanger scooter users in many ways, including:
- Failing to yield while turning
- Driving while distracted
- “Dooring” (opening car doors into bike/scooter lanes)
- Driving into bike/scooter lanes
- Speeding
Alabama’s Scooter Laws
Under Alabama law, a scooter is “any two-wheeled device under 100 pounds, powered by an electric motor, and capable of traveling up to 20 miles per hour on level ground.” Alabama treats scooters like bicycles in many ways. Like cyclists, e-scooter riders must obey traffic signals, stop at red lights, and yield when required under the vehicle code. E-scooters can also use Alabama bike lanes.
However, Alabama has some regulations that apply specifically to scooter users. In Alabama, scooter riders
- Cannot operate scooters on sidewalks (Vehicle Code § 32-5A-52)
- Must stay as far to the right as possible (§ 32-5A-263)
- Cannot scooter at a speed that is greater than “reasonable and prudent” under the circumstances (§32-5A-170)
- Must use scooters with brakes (§ 32-5A-265)
- Must use front white lights and rear red reflectors or lights when scootering at night (§ 32-5A-265)
- Cannot park in a way that will obstruct pedestrian traffic (§32-5A-138)
Notably, Alabama’s helmet laws only apply to motor-driven cycles (e.g., mopeds and gasoline-powered, seated scooters like Vespas) and motorcycles. This is a major issue because, as noted above, many e-scooter riders suffer serious head injuries during falls and accidents.
Birmingham’s Scooter Ordinances
In addition to state law, scooter riders must also follow the local laws in their cities. Here in Birmingham, Ordinance No. 20-24 outlines the rules for scooters. The Birmingham ordinance differs from Alabama law in a few notable ways.
- Parking. While state law also limits where scooter users can park, Birmingham’s rules are more specific. In Birmingham, scooters must be parked on a curb or in a rack or corral. Parked scooters cannot block bus stops, pedestrian crosswalks, accessibility ramps for the disabled, or driveways. Additionally, there must be at least four feet of space between the parked scooter and the sidewalk.
- Age restrictions. In Birmingham, people under age 19 cannot rent scooters without parental permission.
- Time restrictions. Birmingham does not allow scooter rentals from 11 p.m. to 6 a.m. Additionally, the city may restrict rentals during special events or weather emergencies.
What Scooter Laws Mean for Birmingham E-Scooter Riders
If you are hit by a car while riding an e-scooter, you can file an injury claim. To win that claim, you’ll have to prove that the driver who hit you was negligent. This means that the driver acted in a way that a normal person would not have under the circumstances and that their failure to do so resulted in your injury. Once you prove negligence, you may be entitled to money for your accident injuries. However, there is a wrinkle.
In an injury claim, the law will look at everyone’s behavior before the accident. In most states, if the injured person is partly at fault for causing the accident, they can still get compensation. But Alabama follows a special rule called contributory negligence. Under this harsh rule, an injured person can only receive money if they had absolutely no role in causing the accident. If an Alabama court or jury finds that the injured person was even 1% at fault, they get nothing.
A reasonable person follows all laws. So, if you were on an e-scooter and the driver claims that you were not following either Alabama or local law while operating the scooter, they could use the contributory negligence rule against you. However, all rules have exceptions. An experienced Alabama injury attorney can help you figure out if any exceptions apply in your case.
Get Legal Help After a Scooter Accident
Scooters may be small, but the legal consequences of using them improperly can be huge. If you’ve been hurt in an e-scooter accident in Birmingham or anywhere in Alabama, Collins Law can help you understand your rights. Our team will investigate your accident and help you thoroughly understand how the law applies to your case. We’ll also fight hard to make sure you get the money you deserve to cover your medical bills, lost wages, and pain and suffering. To learn more about how our team can help you, call 205-588-1411 or use our online contact form to schedule a free consultation.
