E-Scooter and E-Bike Accidents in Boston, Massachusetts: Your Legal Rights
Electric scooters and e-bikes have become a common sight in Boston, Cambridge, Somerville, and communities across Massachusetts. While these vehicles offer convenient, affordable transportation, they also expose riders to serious injury risks. Riders share the road with cars and trucks with minimal protection, often on streets with poor infrastructure for micromobility.
If you are injured in an e-scooter or e-bike collision, understanding your legal rights is essential. An e-scooter e-bike accident lawyer serving Boston, Massachusetts and the surrounding communities can help, because these claims involve unique liability questions, insurance gaps, and regulatory issues that differ from standard car accident claims.
Massachusetts E-Bike and E-Scooter Laws
Massachusetts updated its laws governing electric bicycles in 2022 (M.G.L. c. 90, Section 1). Understanding the classifications matters because they affect where you can ride and what rules apply.
E-bike classifications:
- Class 1: Pedal-assist only, motor of 750 watts or less, motor stops assisting at 20 mph. No license or registration required.
- Class 2: Throttle-assisted, motor of 750 watts or less, maximum assisted speed 20 mph. No license or registration required.
Massachusetts law does not recognize the “Class 3” category (pedal-assist up to 28 mph) used in some other states. A faster or more powerful e-bike falls outside the electric bicycle definition and can be treated as a motorcycle, which requires a motorcycle license, registration, and insurance. See our guide to Massachusetts e-bike laws.
Electric scooters: Under M.G.L. c. 90, Section 1E, a motorized scooter may not be operated on a public way by anyone without a valid driver’s license or learner’s permit, may not exceed 20 mph, and every operator must wear protective headgear. Rental e-scooter programs (Lime, Bird, Spin) operate under municipal permits, and rules vary by city regarding where scooters can be ridden, parked, and the speed limits.
Mopeds must be registered with the RMV, and the rider needs a driver’s license or learner’s permit under M.G.L. c. 90, Section 1B. See our guide to registration, license, and insurance rules.
Helmet requirements: Riders 16 or younger must wear a helmet on bicycles and e-bikes (M.G.L. c. 85, Sections 11B and 11B3/4). There is no statewide adult helmet requirement for Class 1 or Class 2 e-bikes, though helmets are strongly recommended. Motorized scooter operators of any age must wear protective headgear under M.G.L. c. 90, Section 1E. The Massachusetts bicyclist safety law provides additional protections for riders.
Common E-Scooter and E-Bike Accidents
The most frequent accident scenarios we see include:
Dooring: A driver or passenger opens a car door into the path of an e-bike or e-scooter rider. This is one of the most common causes of serious cyclist and scooter rider injuries in urban areas. Massachusetts law (M.G.L. c. 90, Section 14) prohibits opening a car door into moving traffic without first checking that it is safe.
Left-turn and right-turn collisions: Drivers making turns fail to see riders in bike lanes or at intersections. These collisions often result from the driver’s failure to yield.
Rear-end collisions: A vehicle strikes a rider from behind, often because the driver was distracted or following too closely.
Road hazards: Potholes, cracked pavement, sewer grates, construction plates, and debris are particularly dangerous for e-scooter and e-bike riders. Small obstacles that a car would drive over without issue can send a scooter rider to the ground.
Scooter malfunctions: Brake failures, throttle malfunctions, and handlebar or stem breaks on rental scooters. These defects can cause sudden crashes at speed.
Pedestrian collisions: Riders striking pedestrians on sidewalks or in crosswalks. Massachusetts law prohibits riding e-bikes on sidewalks (M.G.L. c. 85, Section 11B3/4), and local rules may restrict sidewalk riding for e-scooters as well.
Who Is Liable?
Liability in e-scooter and e-bike accidents depends on the cause of the collision:
At-fault driver: If a motor vehicle caused the collision (turning into you, dooring, rear-ending), the driver is liable for negligence. The driver’s auto insurance covers your claim, including bodily injury liability and, in some cases, uninsured/underinsured motorist coverage.
Municipality: If a road hazard (pothole, defective pavement, missing manhole cover) caused your crash, the city or town may be liable. Claims against Massachusetts municipalities for road defects are governed by M.G.L. c. 84, Section 15, and require written notice within 30 days of the injury under Section 18. Be aware that damages on a municipal road defect claim are capped at $5,000 by statute, so identifying every other potentially responsible party is critical.
Scooter rental company: If a rental scooter malfunctioned, the rental company may be liable for negligent maintenance. The manufacturer may also be liable for design or manufacturing defects.
Property owner: If the collision occurred on private property due to a dangerous condition, the property owner may be liable under premises liability law.
Another rider: If another e-scooter or e-bike rider caused the collision, that rider is liable for negligence. Their homeowner’s or renter’s insurance may cover the claim.
Insurance Gaps
One of the biggest challenges in e-scooter and e-bike cases is the insurance gap. Unlike car accidents where auto insurance is mandatory, e-scooter and e-bike riders often have no insurance specific to their vehicle.
When a motor vehicle is involved: If a car or truck hit you, the at-fault driver’s auto insurance applies. Whether PIP coverage pays your medical expenses depends on what you were riding. A bicyclist hit by a car can claim PIP from the car’s policy, and a Class 1 or Class 2 e-bike rider has a strong argument for the same result, though no Massachusetts appellate court has decided it. Moped riders are excluded from PIP under the standard Massachusetts auto policy, and coverage for electric scooters is unsettled. See PIP after an e-bike, moped, or scooter crash.
When no motor vehicle is involved: If you crashed due to a road defect, scooter malfunction, or single-vehicle incident, there may be no auto insurance available. You would pursue a claim against the responsible party (municipality, scooter company, manufacturer) using their general liability insurance.
Health insurance: Regardless of other coverage, your health insurance covers your medical treatment. If you have a viable personal injury claim, your health insurer may assert a subrogation or reimbursement claim against your settlement.
Common Injuries
E-scooter and e-bike riders are exposed to the same injury risks as cyclists, with minimal protection:
- Traumatic brain injuries: The most serious risk, particularly for riders without helmets. Even low-speed falls can cause concussions or more severe brain injuries.
- Concussions: May not show symptoms immediately. Delayed diagnosis is common.
- Fractures: Wrist, collarbone, and facial fractures from impact with the ground or other vehicles.
- Road rash: Skin abrasions from sliding on pavement. Can cause scarring and require skin grafts in severe cases.
- Dental and facial injuries: Forward falls from e-scooters frequently cause facial impact.
- Spinal injuries: Neck and back injuries from high-speed collisions with vehicles.
Comparative Negligence
Massachusetts comparative negligence law applies to e-scooter and e-bike cases. If you are found partially at fault, your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.
Insurance companies will argue comparative negligence based on:
- Not wearing a helmet (relevant to injury severity)
- Riding on sidewalks where prohibited
- Running red lights or stop signs
- Riding at night without lights
- Riding while impaired
- Not following traffic laws applicable to bicycles
Even if you share some fault, you can still recover compensation as long as your fault does not exceed 50%.
Steps After an E-Scooter or E-Bike Accident
- Get to a safe location if possible and call 911 if there are injuries.
- Call the police. A police report documents the collision and the parties involved.
- Photograph everything: the vehicles, road conditions, hazards (potholes, debris), your injuries, and the scooter/bike. If a rental scooter malfunctioned, photograph the scooter’s serial number and any visible damage.
- Get witness information.
- Report the incident to the rental company if you were on a rental scooter, but do not sign any documents or accept a settlement from the company.
- Seek medical attention promptly, even if injuries seem minor. Delayed symptoms are common with head injuries.
- Preserve the scooter or bike if you own it. Do not repair or dispose of it, as it may be evidence.
- Contact a personal injury attorney experienced in micromobility cases.
Frequently Asked Questions
Do I need a license to ride an e-scooter or e-bike in Massachusetts?
For e-bikes classified under Massachusetts law as Class 1 (pedal-assist up to 20 mph) or Class 2 (throttle-assist up to 20 mph), no license or registration is required. Massachusetts law does not recognize a Class 3 category; faster e-bikes fall outside the electric bicycle definition and can be treated as motorcycles. Under M.G.L. c. 90, Section 1E, a motorized scooter may not be operated on a public way by a person without a valid driver’s license or learner’s permit, although rental e-scooter programs like Lime or Bird operate under municipal permits with their own rules. Mopeds require a license and registration.
Does my car insurance cover an e-scooter or e-bike accident?
If you are hit by a motor vehicle while riding an e-scooter or e-bike, the at-fault driver’s auto insurance applies. PIP may also pay your medical expenses, depending on what you were riding: an e-bike rider has a strong argument for PIP from the car’s policy, moped riders are excluded under the standard auto policy, and coverage for electric scooters is unsettled. However, if you crash without a motor vehicle being involved (hitting a pothole, for example), auto insurance typically does not apply and you would need to pursue a claim against the responsible party, such as a municipality for a road defect or a scooter company for a defective scooter.
Can I sue a scooter rental company if their scooter malfunctions?
Yes. If a rental e-scooter malfunctions due to poor maintenance, a mechanical defect, or a design flaw, you may have a product liability or negligence claim against the rental company and potentially the manufacturer. Common defects include brake failures, throttle malfunctions, and handlebar or stem breaks.
Is a helmet required for e-scooters and e-bikes in Massachusetts?
Riders 16 or younger must wear a helmet when riding bicycles and e-bikes in Massachusetts (M.G.L. c. 85, Sections 11B and 11B3/4). There is no statewide adult helmet requirement for Class 1 or Class 2 e-bikes. For motorized scooters, however, M.G.L. c. 90, Section 1E requires every operator to wear protective headgear regardless of age. Regardless of the law, wearing a helmet significantly reduces the risk of traumatic brain injury and strengthens your legal position if you are injured.
About the Author
Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car accidents, premises liability incidents, wrongful death cases, and other personal injury claims.
Talk to an E-Scooter E-Bike Accident Lawyer Serving Boston, Massachusetts
E-scooter and e-bike accident cases require an attorney who understands the unique liability, insurance, and regulatory issues involved. Scalli Murphy Law represents riders injured across the Boston area and throughout Massachusetts.
Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.
Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923
Related Resources:
- E-Bike, Scooter & Moped Accident Lawyer
- Boston E-Scooter Accident Lawyer
- New Massachusetts Bicyclist Safety Law
- Bicycle & Pedestrian Accident Practice Area
This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.