Californa Assembly Approves New E-Scooter Law
Protection for renters of an e-scooter or an e-bike got a boost on May 20, when the California Assembly approved new legislation. Assembly Bill 1286 was sponsored by Assemblyman Al Muratsuchi and co-sponsored by the Consumer Attorneys of California. It forces vendors of shared mobility devices to have insurance that will protect not only renters of the devices but also pedestrians and others.
AB 1286: Shared Mobility Devices
The “Wild West” situation surrounding personal mobility devices such as e-scooters was addressed by the president of the Consumer Attorneys of California. He said regulations such as those included in Assembly Bill 1286 are needed. The dangers include an e-scooter left in the path of pedestrians or injuries while riding. The bill also offers protection against a lack of insurance coverage for both riders, pedestrians, and others. At this time, e-scooter and e-bike riders are forced into riding without protection from company negligence. Many rental companies make riders waive their rights with lengthy contracts. By signing the e-contract, riders release the company from liability.
Details of AB 1286
AB 1286 defines a shared mobility device as a motorized scooter, electric bicycle, or other personal transportation devices. Such devices are available to the public through a service provider for a fee, using an app. Under AB 1286, the agreement between the rental company and the city will require that the provider carry commercial general liability insurance. This insurance provides for a minimum of $1 million for each occurrence of bodily injury. The insurance must cover property damage and bodily injury caused by both the provider or the user. It must also cover financial loss to the user caused by the rental company. In addition, the rental company cannot ask the user to sign any agreement where they waive their right to compensation. Under AB 1286, the provider must have a permit from the city.
Sacramento Takes First Steps in March
In response to the injuries and deaths linked to motorized devices, the City of Sacramento took steps to control the use of scooters and bikes. The city voted to charge the rental companies a fee to operate in Sacramento. The costs would be used to designate parking spaces for the devices.
Insurance Laws for Ride-Sharing in California
Ride-sharing has grown across the country as an economical, convenient way to travel from one destination to another. AB 1286 follows in the footsteps of California AB 2293. In September 2014, a bill that would take effect in July 2015 was signed. This bill filled the gaps for rideshare drivers. The insurance for rideshares is needed only when the driver is actively doing their job. For example, there are three periods:
- Period one: When the driver’s app is active, and they are waiting for a passenger.
- Period two: This is the period when the driver has accepted a passenger but has not picked them up.
- Period three: This period represents the span between the time the passenger enters the vehicle until they exit.
The amount of coverage for period one is $50,000 for injury to one person, $100,000 for injury to multiple people and $30,000 for property damage. Once periods two and three begin, the company’s $1 million commercial liability insurance kicks in.
An E-Scooter Can Be Dangerous
Motorized bikes and e-scooters are popular in California. In late March, two people died due to an electric scooter, one in San Diego and another in Santa Monica. In Sacramento, Jump, an Uber company, provided more people an opportunity to use a motorized device with its rentals. In February, 100 scooters were added to the list of available rentals. On March 26, a pedestrian died along H Street in Sacramento. The pedestrian, 72, was hit by an e-bike, which was operated by a 54-year-old male. The pedestrian, identified as Romulo Mariano Hocson, was a resident of Sacramento and died at the hospital shortly after the accident.
Many scooter riders get injured. The American Medical Association reported that in two California hospitals alone, 200 people had injuries related to riding e-scooters.
Liability With Rental Scooters
Rental e-scooters and e-bicycles fill a void for many Sacramento residents. However, such mobile devices require maintenance to keep them running safely. If the vehicle is rented, it is the obligation of the rental company to do this. Some devices might be defective. It is the rental company’s responsibility to investigate recall measures and have the devices fixed or replaced. In the event that lack of maintenance or a defect occurs and causes an accident, the liability should be the responsibility of the rental company.
Sacramento Electric Scooter Accident Lawyer
I’m Ed Smith, a Sacramento electric scooter accident lawyer. Injuries by an e-scooter or e-bike can be devastating for the rider, pedestrians, or others. If this happened to you or if a member of your family was killed, call me at (916) 921-6400 for free and friendly advice. You can also reach me online or by calling (800) 404-5400.
I’ve worked for the past 37 years to help residents obtain the compensation they deserve. Some of the areas I’ve worked in include car accidents, pedestrian injuries, and wrongful deaths.
I am a member of the following organizations:
- National Association of Distinguished Counsel: This group awards membership to those lawyers who are dedicated to providing legal excellence in their practice.
- Million Dollar Advocates: Membership is based on winning more than $1 million for a client.
Go to the following pages to learn more about my practice:
Photo Attribution: https://www.pexels.com/photo/man-riding-on-bird-electric-scooter-1379374/
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