An e-scooter rider who is seeking compensation after suffering serious injuries when he was overtaken by a London bus is set to be a test case for the estimated 750,000 two-wheelers used on public roads.
The man, aged in his fifties, suffered multiple fractured ribs, a dislocated right shoulder and a collapsed lung, followed by pneumonia, when he was clipped by the wing mirror of the bus during a summer’s morning last year.
He had an extended stay in hospital, still has limited arm movements as well as chest pain, and now his team of solicitors are seeking tens of thousands of pounds of compensation from the bus company’s insurers.
However, as private e-scooters are only legally allowed on private land, anyone who suffers an injury while driving one on a public road might not be able to sue a motorist, even if they can prove the fault of the driver involved.
An e-scooter ride who suffered multiple fractured ribs, a dislocated right shoulder and a collapsed lung, followed by pneumonia, after he was clipped by an overtaking London bus is seeking compensation from the bus company’s insurers (stock image)
Ben Pepper, an associate solicitor at Bolt Burdon Kemp (BBK), a firm of solicitors in London, argued his client, who was wearing a hi-visibility jacket and a helmet when the collision happened, ‘took reasonable precautions and was riding his e-scooter safely’.
He told The Times: ‘If he had been riding a bicycle instead, it is likely that he would have suffered similar injuries.
‘Why should his claim for compensation be any less valid than a cyclist’s claim?’
Mr Pepper said his client’s claim shows there are ‘a lack of adequate laws to keep people safe’ when it comes to e-scooter riders on roads.
He added: ‘We hope this case will help to give some clarity to the legal position for those injured in e-scooter accidents where the privately owned e-scooter was being ridden on a public road.
‘But really we urgently need new legislation and we’re calling on the government to implement laws to make e-scooters safer for riders and other road users and to enable injured people to access compensation.’
Ben Pepper, an associate solicitor at Bolt Burdon Kemp (BBK), a firm of solicitors in London, who is representing the injured e-scooter rider said his client’s claim shows there are ‘a lack of adequate laws to keep people safe’ when it comes to e-scooter riders on roads
The latest claim comes after police reported a huge rise in e-scooter crashes, with at least one a day in London, compared to just nine in the whole of 2018.
Latest figures show there were 258 collisions in the capital in the first six months of last year.
By comparison, there were just nine in 2018, rising to 38 in 2019.
As the popularity of e-scooters took off, 2020 saw 266 crashes. But that figure is likely to be dwarfed by the final 2021 total.
There have also been a spate of serious accidents across the country in recent months. Most recently, a pensioner was killed after crashing into parked cars on New Year’s Day in Tameside, Greater Manchester.
Great-grandfather David Ackers lost his balance and collided with two vehicles the day before his 75th birthday, dying at the scene from a suspected bleed on the brain.
Weeks earlier, an inquest heard how a teenager was listening to music on his headphones when he turned off a footpath and hit an oncoming car in Portsmouth. George McGowan, 19, died after suffering a brain injury.
According to the Department of Transport, e-scooters are classed as ‘powered transporters’ and meet the legal definition of a ‘motor vehicle’.
They must therefore meet a number of requirements in order to be used on the road, including having insurance and conforming to ‘technical standards.’
Privately owned e-scooters are considered illegal to use on roads in Britain.
The Metropolitan Police has said riders risk being fined or even having penalty points added to their licence. Riders also risk having their e-scooters seized by police.
The Department of Transport said e-scooters are covered by the 1988 Road Traffic Act, which also includes Segways, hoverboards, go-peds (combustion engine-powered kick scooters), powered unicycles, and u-wheels.
The ban does not apply to electrically-assisted pedal bicycles.
Private e-scooters are only legally allowed on private land, meaning anyone who suffers an injury while driving one on a public road might not be able to sue a motorist, even if they can prove the fault of the driver involved (stock image)
E-scooters are not allowed on public roads unless they are rented from Government-backed trial schemes available in certain areas.
They were involved in 460 accidents in 2020 in the UK and there were 484 casualties, of whom one died and 128 were badly hurt.
Transport for London has banned private e-scooters on its network after one burst into flames on the Underground at Parsons Green Tube station.
Last week, Labour’s London Assembly policing and crime spokesman Unmesh Desai – who obtained the latest figures – said: ‘The use of illegal e-scooters on our roads and pavements is putting Londoners at risk of significant harm, especially the most vulnerable in our communities.’
In July 2020 the UK Government introduced legislation trialling the use of e-scooters, through local authorities, for a period of 12 months via approved rental companies. The vehicles are capped at 15.5mph. Some 32 locations are involved in the trial. Privately owned e-scooters cannot be used in the trial areas.
Privately owned e-scooters can be used on private land with the landowner’s permission.
Can you legally use an e-scooter on the road or on the pavement?
According to the Department of Transport, e-scooters are classed as ‘powered transporters’ and meet the legal definition of a ‘motor vehicle’.
They must therefore meet a number of requirements in order to be used on the road, including having insurance and conforming to ‘technical standards.’
Privately owned e-scooters are considered illegal to use on roads in Britain. The Metropolitan Police has said riders risk being fined or even having penalty points added to their licence. Riders also risk having their e-scooters seized by police.
In May 2019, the Metropolitan Police ran an operation in London seizing e-scooters which were being illegally used on the city’s streets
The Met has warned e-scooter users from riding their machines on the road
The Department of Transport said e-scooters are covered by the 1988 Road Traffic Act, which also includes Segways, hoverboards, go-peds (combustion engine-powered kick scooters), powered unicycles, and u-wheels.
The ban does not apply to electrically-assisted pedal bicycles.
According to the Department of Transport: ‘For motor vehicles to use public roads lawfully, they must meet a number of different requirements. These include insurance; conformity with technical standards and standards of use; payment of vehicle tax, licensing, and registration; driver testing and licensing; and the use of relevant safety equipment.
‘If the user of a powered transporter could meet these requirements, it might in principle be lawful for them to use public roads. However, it is likely that they will find it very difficult to comply with all of these requirements, meaning that it would be a criminal offence to use them on the road.’
In July 2020 the UK Government introduced legislation trialling the use of e-scooters, through local authorities, for a period of 12 months via approved rental companies. The vehicles are capped at 15.5mph. Some 32 locations are involved in the trial. Privately owned e-scooters cannot be used in the trial areas.
Privately owned e-scooters can be used on private land with the landowner’s permission.
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Source: Daily Mail
