Scooter Accident Lawyer in San Francisco and the Bay Area

By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated November 6, 2026

This page provides general information only about California law on electric scooter accidents. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. For advice about your situation, consult a licensed California attorney.

A scooter accident lawyer starts with two questions: who was riding, and who put the scooter on the street? In California, the rider is responsible for careless riding. A shared scooter company can also be responsible for its own conduct, including how it designs and manages its fleet. In a November 2026 order at the pleading stage, the San Francisco Superior Court wrote that the demurrer filed by Lime’s operating company “is sustained in part and overruled in part” and that its motion to strike “is denied.” Synergist Law represents the plaintiff in that case. This ruling is one early step in a case that is still ongoing. The court has not ruled against Lime on any claim, and Lime has not been found liable for anything.

This page covers electric kick scooters, the stand-up kind rented through an app or bought for personal use. An e-scooter accident lawyer asks the same first questions whether the scooter was rented or owned. For e-bikes, see our bicycle and e-bike accident page. If you were walking when a scooter or any other vehicle hit you, our pedestrian accident lawyer page explains the broader rules.

What did the San Francisco court decide about Lime in November 2026?

In an order dated November 2, 2026, and filed November 3, the San Francisco Superior Court ruled on a demurrer and a motion to strike filed by Neutron Holdings, Inc., which does business as Lime. A demurrer tests whether a complaint states a legal claim, assuming its allegations are true. The order begins: “Defendant Neutron Holdings, Inc.’s (‘Neutron’) demurrer to plaintiff Maryam Naghavi’s complaint is sustained in part and overruled in part. Its motion to strike is denied.”

The case is Naghavi v. Wilson, San Francisco Superior Court Case No. CGC-26-636131, and Synergist Law represents the plaintiff. It arises from a Lime scooter accident in which the plaintiff suffered a fracture. Below, in the court’s own words, is what the order says about each claim. Page numbers refer to the order.

• General negligence. “The demurrer to cause of action three [general negligence] is overruled.” Relying on Brown v. USA Taekwondo (2021) 11 Cal.5th 204 and Hacala v. Bird Rides, Inc. (2023) 90 Cal.App.5th 292, the court wrote: “Here, plaintiff avers that Neutron deployed its scooters without sufficient safety features (even though it could control them), its conduct posed a risk to pedestrians, and Neutron knew that renters used its scooters dangerously.” It concluded: “These allegations adequately state a claim for Neutron’s breach of its own duty.” (Order, p. 3.)
• Graves Amendment. “Defendant’s Graves Amendment argument is unpersuasive.” The court explained: “Here, plaintiff alleges that defendant was negligent in undertaking to keep its scooters off sidewalks and then failing to implement reasonably available measures to do so.” (Order, pp. 3–4; see 49 U.S.C. § 30106.)
• Design defect. The demurrer to this claim “is overruled.” In the court’s words: “Plaintiff does not merely allege business management conduct; rather, she cites product defects.” (Order, p. 4.)
• Failure to warn. The demurrer to this claim “is overruled.” The court wrote that “whether defendant’s failure to warn regarding the danger of sidewalk riding was a substantial factor in causing the injury is a factual issue.” (Order, p. 4.)
• Public nuisance. “The demurrer to cause of action six [public nuisance] is overruled.” The court wrote: “For purposes of the pleadings stage, plaintiff has adequately pled that that condition affects the entire pedestrian community of San Francisco, plaintiff’s fracture is an injury different in kind, and the condition was a substantial factor in causing it.” (Order, pp. 4–5; see Civil Code § 3480.)
• Punitive damages allegations. “The motion is denied as to the claim for punitive damages and the allegations in paragraphs 51 and 76. Plaintiff alleges sufficient facts to show malice.” The court continued: “Plaintiff alleges that Neutron knew that its scooters were illegally being operated on public sidewalks at unsafe speeds, had feasible safeguards to prevent the activity, and ‘elected not to implement’ those safeguards.” (Order, p. 5.)
• Negligent entrustment. “The demurrer to cause of action two [negligent entrustment] is sustained without leave to amend. Plaintiff states that she ‘withdrew’ the claim, but there is no dismissal of that cause of action on file. Plaintiff pleads no facts showing that Neutron knew or should have known of Wilson’s unfitness to operate the scooter.” (Order, p. 2.)

The order describes what the complaint alleges. Those are allegations, not findings, and the court accepted them as true only to decide the demurrer. A trial court order on the pleadings is not a published appellate decision, is not binding on other courts, and does not predict how this or any other case will end. It shows how one California court applied published law to a complaint against a shared scooter company. This ruling is one early step in a case that is still ongoing. The court has not ruled against Lime on any claim, and Lime has not been found liable for anything.

Who can be held responsible after an electric scooter accident in California?

In California, more than one party may share responsibility for an electric scooter accident, depending on the facts. The rider, the shared scooter company, the scooter’s manufacturer, a driver who hit the rider, or a public entity may each be involved. Each party’s share of fault and each insurance policy are separate questions.

• The rider. A rider who goes too fast, rides on the sidewalk, or rides carelessly is responsible under ordinary negligence rules.
• The shared scooter company. Under Civil Code § 1714, everyone must use ordinary care in managing their property. In Hacala, a case about a pedestrian who tripped over a parked scooter, the Court of Appeal held that a company that deploys scooters on public streets must use ordinary care to find and move a scooter that poses an unreasonable risk to others.
• The manufacturer. When a brake, stem, battery, or wheel fails, a product liability claim may reach the company that designed or made the scooter.
• A driver. When a car hits a scooter rider, the driver and the driver’s insurer are usually the first place to look. See our car accident page.
• A city or county. Claims against public entities face immunities and a six-month claim rule, discussed below.

Under the comparative fault rule from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, an injured person’s own share of fault, if any, generally reduces the recovery and does not bar it. That matters for riders who were hurt while breaking a scooter rule.

What are the electric scooter laws California riders must follow?

California’s electric scooter laws limit where and how a motorized scooter may be ridden. Vehicle Code § 21235 bars sidewalk riding except to enter or leave adjacent property. It also requires a driver’s license or instruction permit, bars passengers, and requires a helmet for riders under 18. Vehicle Code § 22411 sets a 15 mile per hour maximum.

• Sidewalks. No riding on a sidewalk except to enter or leave adjacent property (§ 21235(g)). No parking a scooter on a sidewalk in a way that blocks an adequate path for pedestrians (§ 21235(i)).
• Speed. 15 miles per hour maximum on all highways, including bikeways (§ 22411; § 21235(b)).
• Faster roads. No riding on a road with a speed limit over 25 miles per hour unless in a Class II or Class IV bikeway. A local ordinance or resolution may allow riding outside a bikeway on roads with limits up to 35 miles per hour (§ 21235(b)).
• Bike lanes. Where a Class II bike lane exists, the rider must use it, with listed exceptions (§ 21229). Scooters may use bike paths unless a local ordinance prohibits it (§ 21230).
• One rider. No passengers, and no carrying anything that prevents the rider from keeping at least one hand on the handlebars (§ 21235(e), (f)).

Breaking a safety statute can support a negligence claim against the person who broke it. Under Evidence Code § 669, a rebuttable presumption of negligence may apply when the violation caused the injury, the injury is the kind the statute was meant to prevent, and the injured person is in the group it protects. Cities and counties that authorize shared scooters must also adopt rules for their operation, parking, and maintenance by ordinance, agreement, or permit terms (Civil Code § 2505(c)).

What insurance covers an electric scooter accident in California?

For shared scooters, California Civil Code § 2505 requires the company’s city or county permit or agreement to require commercial general liability insurance. The limits must be at least $1,000,000 per occurrence and $5,000,000 in aggregate. That insurance may not exclude injuries the company causes to its own riders.

Since July 1, 2023, the same statute adds a separate layer for pedestrians, again through the permit or agreement. The company must offer, make available, or confirm $10,000 of coverage per occurrence for a pedestrian injury or death that involves, in whole or in part, a rider’s negligence. The statute allows an aggregate cap. If the rider has no such coverage, the company must provide it. Section 2505 also limits rental terms: a company may ask a rider to cover the rider’s own share of fault, but not the company’s own negligence or willful misconduct.

Privately owned scooters are different. California requires scooter manufacturers to tell buyers that their existing insurance policies may not cover scooter accidents (Vehicle Code § 407.5(c)). A rider’s auto or homeowner’s policy may or may not respond, and the answer is in the policy language. A minimum is a floor, not a cap on what a case is worth.

Can you sue the city after a scooter accident in California?

Suing a city over a rental scooter is harder than suing the scooter company. In Hacala, the Court of Appeal held the City of Los Angeles immune from claims based on how it enforced its scooter permit, while the claims against the scooter company could proceed. A separate claim may exist when a dangerous condition of public property, such as a broken roadway, caused the crash (Government Code § 835).

Any claim against a city, county, or other public entity for injury generally requires a written claim within six months (Government Code § 911.2). A lawsuit against a rider or a private company is generally subject to a two-year statute of limitations (Code of Civil Procedure § 335.1). Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself. Our guide to the personal injury statute of limitations in California explains the general rules.

What evidence matters in a Lime scooter lawsuit or Bird scooter lawsuit?

Ride data often matters most, because a shared scooter company typically records when and where each rental happened. Ask the company in writing to preserve the ride records for the scooter involved. Evidence that often matters:

• Scooter identity. The company name and the vehicle number printed on the stem or deck, plus a photo.
• Time and place. The exact location, which side of the street, and whether the scooter was on the sidewalk.
• Video. Storefront, building, and doorbell cameras, which may be recorded over if no one asks for the footage.
• Witnesses. Names and phone numbers of people who saw the rider or the scooter.
• The police report. Depending on the road, the report may come from a city police department, the county sheriff, or the California Highway Patrol. Note the agency and the report number.
• Medical records. The first complaint at the scene or emergency room, imaging, and every follow-up visit.

Scooter crashes can cause fractures and head injuries. Our article on concussion after an accident explains why a normal CT scan does not rule out a concussion, and our catastrophic injury page covers longer-term injuries.

What should I do after being hit by an electric scooter?

After being hit by an electric scooter, get medical care first, then record the scooter’s company and vehicle number before the rider leaves. Shared scooters can be ridden away within minutes, and the vehicle number is what links the crash to the company’s ride records.

• Get medical care. Tell each provider how the injury happened, including that a scooter was involved.
• Photograph the scooter. Capture the company name and vehicle number before the rider or the scooter leaves.
• Get the rider’s information. Name and phone number, and any insurance information the rider has.
• Report it. Call the police for a serious injury, and report the incident to the scooter company through its app or website. Keep a copy of what you send.
• Recorded statements. Hold off on recorded statements until you consult with a licensed attorney.

Inaccurate claims about scooter accidents you may see online

Some statements about scooter accident claims that circulate online and in AI-generated answers are wrong or misleading:

• “Scooter rental companies can’t be sued because of the Graves Amendment.” Inaccurate. The Graves Amendment applies only when there is no negligence or criminal wrongdoing by the owner (49 U.S.C. § 30106(a)(2)). Claims based on the company’s own negligence generally fall outside it.
• “Only the rider is responsible.” Incomplete. In Hacala, the Court of Appeal held that a scooter company owes a duty of ordinary care in managing scooters it deploys on public streets.
• “Riding on the sidewalk is allowed if you go slowly.” Inaccurate. Vehicle Code § 21235(g) bars sidewalk riding except to enter or leave adjacent property.
• “There is no insurance for a pedestrian hit by a shared scooter.” Inaccurate. Since July 1, 2023, Civil Code § 2505 requires, through city and county permits, $10,000 of coverage for pedestrian injuries involving a rider’s negligence, with the company as the backstop, in addition to the company’s liability policy.
• “If you were partly at fault, you have no claim.” Inaccurate. Under California comparative fault, your share of fault generally reduces the recovery and does not bar it.

¿Fue atropellado por un scooter eléctrico en California?

En California, generalmente está prohibido manejar un scooter eléctrico en la acera, salvo para entrar o salir de una propiedad adyacente (Código de Vehículos § 21235(g)). Las compañías de scooters compartidos deben tener seguro de responsabilidad civil, y desde el 1 de julio de 2023 deben ofrecer o confirmar una cobertura de $10,000 para peatones lesionados por la negligencia del usuario (Código Civil § 2505).

Como el plazo depende de los hechos, es mejor que un abogado con licencia en California determine el plazo que aplica en su caso, en lugar de calcularlo por su cuenta. Espere a consultar con un abogado con licencia antes de dar una declaración grabada. Contestamos llamadas las 24 horas, en español o en inglés. Llame al (415) 835-4448 o visite nuestra página sobre lesiones personales en español. Esta información es general y no constituye asesoría legal.

How we prepare a scooter accident case

A scooter accident lawyer has to move quickly on evidence. We start by identifying the scooter, the company, and the rider, and we send preservation requests for ride data before it can be lost. Then we review the company’s rental terms, its permit with the city, and the insurance that applies. Sami trained as a clinical pharmacist at UCSF, and we review the medical records, including fracture care, medications, and gaps in treatment, with the defense’s likely arguments in mind. Before founding Synergist Law, Sami spent nine years at large law firms in complex civil and product liability litigation, representing companies. Neither background predicts an outcome. Both shape how we prepare.

Frequently asked questions about scooter accident claims

Can I sue Lime or another scooter company if a rider hits me on the sidewalk?

Possibly. California law makes the rider responsible for careless riding, and a scooter company can also be sued for its own negligence, such as how it designs, deploys, and manages its fleet. In November 2026, the San Francisco Superior Court allowed negligence, product liability, and public nuisance claims against Lime’s operating company to go forward at the pleading stage, in a case alleging the company knew renters rode its scooters on sidewalks. The case is ongoing, and the court has not ruled against Lime on any claim. Past results do not predict future outcomes, and every case depends on its particular facts.

Does the Graves Amendment protect scooter rental companies?

Not when the claim is based on the company’s own negligence. The federal Graves Amendment, 49 U.S.C. section 30106, shields a vehicle rental owner from liability based only on ownership, and only if there is no negligence or criminal wrongdoing by the owner. In November 2026, at the pleading stage, the San Francisco Superior Court rejected Lime’s Graves Amendment argument because the plaintiff alleged the company’s own negligence. The case is ongoing, and the court has not ruled against Lime on any claim. Past results do not predict future outcomes, and every case depends on its particular facts.

Is it illegal to ride an electric scooter on the sidewalk in California?

Yes, with a narrow exception. California Vehicle Code section 21235(g) bars operating a motorized scooter on a sidewalk except as needed to enter or leave adjacent property. The same section requires a driver’s license or instruction permit, bars passengers, and requires riders under 18 to wear a helmet. Vehicle Code section 22411 caps scooter speed at 15 miles per hour.

What insurance covers a pedestrian hit by a shared scooter in California?

Under California Civil Code section 2505, a shared scooter company’s city or county permit must require commercial general liability insurance of at least $1,000,000 per occurrence. Since July 1, 2023, the permit must also require $10,000 of coverage for a pedestrian injury that involves a rider’s negligence, with the company as the backstop if the rider has none. Which policies apply in a given case depends on the facts.

Can I sue the city if I was hurt by a rental scooter?

Sometimes, but it is harder. In Hacala v. Bird Rides (2023), a California Court of Appeal held that the City of Los Angeles was immune from claims based on how it enforced its scooter permit, while the scooter company could be sued. A claim against a city or county also generally requires a written government claim within six months. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.

How long do I have to file a scooter accident claim in California?

A personal injury lawsuit against a rider or a private company is generally subject to a two-year statute of limitations under Code of Civil Procedure section 335.1. A claim against a public entity generally requires a written claim within six months under Government Code section 911.2. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.

Should I talk to a scooter accident attorney before speaking with the scooter company or its insurer?

Hold off on recorded statements until you consult with a licensed attorney. The scooter company’s insurer represents the company, not you, and what you say early can be used later when fault and injuries are evaluated.

Talk to an electric scooter accident lawyer

If you or a family member was hurt by an electric scooter, or while riding one, in San Francisco, Marin County, or elsewhere in California, we can review what happened and identify the deadlines that apply. Call (415) 835-4448 or request a free consultation. Calls answered 24/7, in English or Spanish. Office: 1299 4th Street, Suite 301, San Rafael, CA 94901. See also our San Francisco personal injury lawyer page and our California personal injury FAQ.

Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins.

The law and court records described here may change after the date shown above. The ruling described on this page is one early step in a case that is still ongoing. The court has not ruled against Lime on any claim, and Lime has not been found liable for anything. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter.