Companies like Bird and Lyme require riders to agree to a liability waiver before renting one of their e-scooters. This protects the companies from nearly all insurance claims and civil lawsuits based on personal injuries or deaths from falls and crashes.

However, a rider who can show that he or she would not have crashed except for the fact that the e-scooter he or she rented had a design defect will have grounds for holding the scooter company accountable.

In other circumstances, an e-scooter rider who suffers injuries in a crash caused by a negligent or reckless driver will have the legal right to file auto insurance claims against the at-fault driver.

EJL