Electric scooters and e-bikes are everywhere in New Jersey now — on Shore boardwalks, in towns, on commutes. New Jersey legalized low-speed electric scooters and e-bikes in 2019, treating them much like bicycles. But when a rider is hit by a car, the legal and insurance picture is more complicated than either a typical car crash or a bicycle case, and riders are often left unsure of their rights.
Riders have the same road rights as cyclists
Under New Jersey’s 2019 law, low-speed electric scooters and e-bikes are generally governed by the same rules of the road as bicycles. That means riders have a right to be on the road, and drivers owe them the same duty of care they owe any other vulnerable road user. A driver who turns across a bike lane, opens a door into a rider, or simply fails to look is just as responsible as if they’d hit a cyclist or a pedestrian.
Who pays for the injuries
Figuring out the coverage is often the hardest part of an e-scooter or e-bike case:
- The at-fault driver’s auto liability policy — the primary source when a car causes the crash.
- Your own auto policy — PIP medical benefits and UM/UIM coverage may apply depending on your household’s policies, even though you were on a scooter.
- Rental/share-program operators — in some cases involving a defective shared device, a product-liability or operator claim.
- A dangerous roadway or property condition — potholes or hazards that contributed, which can implicate a property owner or, for public roads, the 90-day Tort Claims Act notice.
The injuries are often serious
With no enclosure and little protection, scooter and e-bike riders absorb the full force of a collision. Head injuries and concussions, fractures, road rash, and spinal injuries are common. Prompt, well-documented medical care matters both for recovery and for the claim.
Shared fault and deadlines
Insurers may argue the rider was partly at fault — riding outside a lane, at night without lights, or against traffic. New Jersey’s comparative-negligence rules mean that even a partly-at-fault rider can recover, reduced by their share, as long as they’re not more at fault than the driver. The two-year personal-injury deadline applies (with the much shorter public-entity notice where a government road or vehicle is involved).
Hit while riding? Don’t assume you’re on your own
Riders often think that because the scooter wasn’t insured, there’s no recovery — that’s usually wrong. If a car hit you while you were on an e-scooter or e-bike anywhere in New Jersey, we’ll find every policy that applies and pursue the driver who hurt you. The consultation is free.