E-Scooter Accidents & the Law

Like Cycle Toronto, other active transportation and mobility justice advocates, we support all manner of active mobility and e-mobility device use that allows people to move around safely. If an e-scooter gets someone out of a car to help us fight congestion, climate change and the dangers inherent with motor vehicles, we are all for it.

That said, these devices are not without risks. We want people who use them to know their rights and be prepared should the unfortunate occur (see below).

SickKids Hospital recently raised alarm bells noting that in June and July of 2024, they had seen 16 injuries related to kids on e-scooters, highlighted by a lack of helmet usage and interaction with motor vehicles.

E-Scooter Law

On November 27, 2019, the Province of Ontario passed Highway Traffic Act (HTA) Regulation 389/19, launching a 5-year pilot to permit municipalities to regulate the use of e-scooters (defined as “Electric Kick-Scooters”). Under Regulation 389/19 e-scooters must include the following characteristics:

• Two wheels placed along the same longitudinal axis, one placed at the front of the kick-scooter and one at the rear,

• A platform for standing between the two wheels,

• A steering handlebar that acts directly on the steerable wheel, and,

• An electric motor not exceeding 500 watts that provides a maximum speed of 24km/h [IMPORTANT: If your e-scooter has been modified to travel faster than 24km/h and you get in a collision you may have voided your protections under the Insurance Act and not be able to sue or seek benefits.]

  
  

The Highway Traffic Act confirms an electric kick-scooter is deemed not to be a motor vehicle under the Act, but they must follow the rules of the road.

Additional requirements for e-scooters include:

• A maximum weight of 45 kg;

• Two wheels and brakes;

• A horn or bell;

• At least one white light on front, one red light on rear and reflective material on sides;

• A maximum wheel diameter of 17 inches;

• You must be at least the age of 16 to operate an e-scooter;

• You must wear a helmet while riding an e-scooter if you are 18 years or younger;

• It is illegal to operate an e-scooter while under the influence of alcohol and/or drugs;

• Keep a safe distance, yield to, and pass pedestrians safely;

• Only one person permitted on the e-scooter and no towing; and

• Don’t leave it in the middle of the road or sidewalk when not in use.

  
  

If you are pulled over by police, you are not required to have a license to operate an e-scooter and so providing only your name, address and date of birth is permissible and advisable [s. 11 O.Reg 389/19].

Where can I ride my e-scooter?

It remains illegal to operate an e-scooter in the City of Toronto as it has not signed on to the pilot project. However, confusingly you can rent and buy e-scooters throughout Toronto, which sends a very mixed message to its citizens.

Municipalities that currently allow e-scooters include: Ottawa, Hamilton, Waterloo Region, Windsor, London, Markham, Brampton, Guelph, Mississauga and more. It is important to check for any additional requirements in each municipality prior to operating an e-scooter such as:

• Where e-scooters may be operated;

• Where e-scooters may park;

• Whether a business permit or license is required for e-scooter companies; and,

• Whether insurance is required (the type of coverage).

E-scooter Accident

If you are involved in a collision with a motor vehicle on your e-scooter the same rules apply as if you were a pedestrian, cyclist, or another motorist. You are immediately entitled to no fault Accident Benefits (read more here). You may also be able to sue the motorist that hit you for pain and suffering, lost income, and future care costs.

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.

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 completely failed the people of this province. From downloading e-scooter regulation responsibility to Municipalities, this has created a confusing and contradictory patchwork of laws and rules.

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 but expecting people not to use them.

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.

Stay Informed

Thanks to our Articling Student Kayla Israeli for helping draft this blog!

*We use the term accident for SEO purposes only, thereby ensuring critical information reaches the most people possible. When a motor vehicle is involved we call them collisions because accidents take away the fault associated with distracted, dangerous and negligent driver behaviours. Rarely are there ever real “accidents”.

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