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E-Scooter Accidents on the Rise

  • Writer: Dave Shellnutt
    Dave Shellnutt
  • Jul 21
  • 4 min read
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We recently spoke with CBC’s Ian Hanomansing about e-scooter accidents*, increased use of e-scooters and what the public needs to know. We also spoke to the Toronto Star following the death of a young boy (Mikhai Hines) on an e-scooter and his mom not knowing there was an age requirement.


In our experience representing people injured on e-scooters (and e-bikes for that matter) there is a real lack of awareness out there about your rights and responsibilities utilizing these micromobility devices.


Some of the most important things to remember are:


Now, we definitely see people younger than 16 riding e-scooters. We recently talked to a father of a 14-year-old that was riding an e-scooter on a sidewalk and was hit by a motorist pulling out of his driveway. Despite the illegality of riding underage and on a sidewalk this young person may still have legal recourse if injured by a motorist.


They can still access Accident Benefits, which is no-fault insurance that applies to anyone involved in a collision with a motor vehicle (cyclist, pedestrian, passenger, other driver, etc.) They can be supported by Accident Benefits for medical costs ($3,500, $65,000 or $1million depending on severity of injury) and even get coverage for lost wages (if they were working before the crash).


In addition to Accident Benefits, if you are hit on your e-scooter you may be able to bring a lawsuit. Even if the young person was not of age to ride the e-scooter, they would not necessarily be barred from advancing a civil claim. They would be penalized for anything they did that contributed to the collision and injuries (age, sidewalk riding, no helmet) but their lawsuit would not be outright denied. They may have their claim reduced by the percentage of their contributory negligence.

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However, from a civil suit perspective, if the e-scooter was modified to have a greater wattage or its speed boosted, the legal case is much more difficult.  There are a growing number of cases involving e-bikes that suggest that if you have modified your bike speed or battery wattage above what is legal in the province, then your e-bike would be considered a motor vehicle pursuant to the Highway Traffic Act. [See R. v. Pizzacalla, 2024 ONCJ 776.]


The major issue with that is, if you are operating a motor vehicle you must have a license and insurance. If you don’t and you are involved in a collision. Even if you are not at fault. You cannot sue for your damages.  The Insurance Act states:

267.6 (1) Despite any other Act, a person is not entitled in an action in Ontario to recover any loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile if, at the time of the incident, the person was contravening subsection 2 (1) of the Compulsory Automobile Insurance Act in respect of that automobile.


2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

(a) operate the motor vehicle; or

(b) cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance


What to do if a collision occurs:

If after reading the above you are still confused, you are not alone.  Micromobility device cases in Ontario are extremely complex.  What you need to know is that if you or someone that you know is involved in a crash while using one of these devices. Be sure to read our Crash Guide and follow these critical steps:

  • Get the driver’s information – license plate, insurance and identification.

  • Call 911 and get authorities to the scene. Take photos while you wait.

  • Seek medical attention, even if you think you have minor injuries.

  • Contact a lawyer. We are specialists in vulnerable road user cases and represent e-bikers, cyclists, pedestrians and e-scooter riders across Ontario.


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We recognize that e-scooters present both an opportunity and challenge on our roadways.


E-scooter riders, like all road users, must understand and follow the rules of the road. E-scooter riders must always prioritize the safety of pedestrians and be respectful of fellow road users.


However, we are firmly against any police enforcement of e-scooter riders. Government has failed the people of this province by downloading e-scooter regulation responsibility to Municipalities.  Each municipality has taken a different approach resulting in a confusing and often contradictory patchwork of rules and regulations.


Municipalities have also erred in downloading responsibilities onto their citizens by either permitting e-scooter rentals without helmets or, like in Toronto, allowing shops to sell e-scooters that do not meet safety regulations.


We expect and demand our governments to take the lead on e-scooters, e-bikes, and all transportation to ensure that safe, fun and environmentally friendly transportation modalities are allowed to flourish appropriately.


*We use the word Accident for SEO purposes only, we know that barring a medical emergency all road collisions are preventable. Not accidents.

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