Denver E-Scooter Accident Attorney

What should you do after an e-scooter accident in Denver?

Get medical care, call the police, and save the evidence before it disappears. Adrenaline hides pain, and head injuries and internal bleeding may not show for hours.

1. See a doctor the same day. Your medical records are the foundation of your claim.
2. Call 911 and get a report number, even if no car was involved.
3. Photograph everything: your injuries, the scooter, the road surface, any vehicle, the plate and the surroundings.
4. Screenshot the app and your ride receipt. Note the scooter’s ID number.
5. Get names and numbers for the driver, any witnesses and any other rider.
6. Look for cameras. Shops, traffic cameras and doorbell cameras often record over footage within days.
7. Don’t give a recorded statement to any insurer or the scooter company before you talk to a lawyer.

Who is liable in a Denver e-scooter crash?

It depends on what caused the crash, and more than one party may be responsible. The usual possibilities are:

• A driver. Cars turning across a bike lane, drivers opening doors into a rider’s path and drivers who fail to yield cause many serious scooter injuries.
• The scooter company. Companies that put scooters on the street have to keep them safe. Brake failures, sudden power cutoffs, loose handlebars and geofencing errors that shut a scooter off mid-ride can point back to the operator.
• A manufacturer, if a defect in the scooter or a part caused the crash.
• The city or another government, if a pothole, cracked pavement or unmarked construction hazard caused your fall.
• Another rider or a pedestrian, if they ran into you. Their renter’s or homeowner’s insurance can sometimes cover it.

We look at every one of them.

What injuries do e-scooter crashes cause?

Riders have almost no protection, so injuries can be serious. The ones we see most often are:

• Traumatic brain injury
• Spinal cord and back injuries
• Broken wrists, arms and collarbones
• Road rash and deep cuts that need surgery
• Shoulder, knee and ankle ligament tears
• Facial fractures and dental injuries
• Internal organ damage in higher-speed crashes

Insurers sometimes argue that riding without a helmet means you share the blame. That argument has limits, and we push back on it.

Why do e-scooter crashes happen on Denver streets?

Most happen because the street, the driver or the scooter did not leave the rider a margin for error. Scooters have small wheels and sit low. A crack, pothole or rail groove that a car never feels can throw a rider. Bike lanes may end without warning, leaving riders in traffic. Drivers watch for cars and sometimes miss a scooter at an intersection, in a driveway or when they turn.

More riders on the road also means more crashes with other riders and pedestrians. In each case we ask the same thing: who failed to use reasonable care, and what proof is there?

Do riding rules, like sidewalks and helmets, affect your claim?

They can come up, but breaking a rule rarely ends a claim by itself. Cities set rules for where scooters may be ridden, including whether you may use the sidewalk, and the rules can differ by area. Colorado also has its own rules for riders. An insurer may point to a rule you broke to argue you share the blame.

If that happens, the fault rule above applies. Your award can be reduced by your share of the blame, but another party who was mostly at fault can still be responsible. The same goes for riding without a helmet. We look at what the rules actually say where you were hurt, and what actually caused the crash.

What insurance can pay for an e-scooter injury?

Several policies may apply, and we look at all of them. Depending on how the crash happened, they can include:

• The driver’s auto insurance, if a car or truck hit you or caused you to fall.
• Your own auto policy’s uninsured/underinsured motorist coverage, if the driver fled or had too little insurance. Colorado insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, and your policy includes it unless you turned it down in writing.
• The scooter company’s insurance, if the scooter or the way it was kept played a part.
• A renter’s or homeowner’s policy belonging to another rider who hit you.
• Your health insurance, which can pay for treatment while the claim is open. We deal with any bills the insurer wants repaid from your settlement.

What can you recover after an e-scooter crash?

You can claim the money the crash cost you and the harm it did to your life. That includes:

• Medical bills, past and future: ER care, surgery, physical therapy and rehab.
• Lost pay, and lost earning power if you can’t return to the same work.
• Property damage, including a personal scooter, your phone, helmet and clothing.
• Pain and suffering, including anxiety, sleep loss, fear of riding or crossing a street, and loss of enjoyment of the things you used to do.
• Permanent injury, scarring or disfigurement.
• Loss of consortium, the harm to your relationship with a spouse.

For injury cases filed on or after January 1, 2025, Colorado caps noneconomic damages (like pain and suffering) at $1.5 million per defendant. Damages for physical impairment or disfigurement are not limited by this cap. The cap adjusts for inflation starting in 2028. (C.R.S. § 13-21-102.5 (as amended by HB24-1472)) For how we think about harm that doesn’t come with a bill, see pain and suffering in personal injury cases.

If a loved one died in a scooter crash, a wrongful death claim may be possible. We are sorry for your loss, and we can explain what the law allows.

How do you prove an e-scooter claim?

You show that someone failed to use reasonable care and that this caused your injuries. That means four things: someone owed you a duty of care, they failed to meet it, that failure caused your injuries, and you suffered real harm. Read more on how to prove negligence.

Evidence we look for includes:

• The police report, witness statements and video.
• The scooter’s GPS, speed and maintenance records, which we ask the company to keep.
• Photos of the road, the scooter and your injuries.
• Your medical records and bills.
• Crash reconstruction, when the facts call for one.

Can you still recover if you were partly at fault?

Yes, if you were less than 50% at fault. Colorado’s fault rule (C.R.S. § 13-21-111) reduces your award by your share of the blame. If you are found 25% at fault, your award drops by 25%. At or past that limit, you recover nothing.

Insurers push hard on fault. We answer with evidence.

How long do you have to file an e-scooter claim in Colorado?

It depends on who is responsible, and one deadline is much shorter than the rest.

• Crash with a vehicle: usually 3 years from the date of the crash (C.R.S. § 13-80-101(1)(n)).
• Defective scooter or part: 2 years (C.R.S. § 13-80-106).
• City or other government: written notice within 182 days (C.R.S. § 24-10-109). Miss it and the claim can be lost, however strong it is.

Don’t wait to find out which one applies to you. Talk to us for a free case review.

How does an e-scooter claim work with us?

We investigate fast, build the claim, then negotiate.

1. Free case review. We look at what happened and who may be responsible.
2. Investigation. We get the police report, ask for the scooter data, request video and talk to witnesses.
3. Demand and negotiation. We document your medical bills, lost pay, future care needs and pain and suffering, then negotiate.
4. Lawsuit, if needed. Most cases settle, but we file suit when an offer doesn’t reflect what the case is worth.

What if the scooter company says the crash was your fault?

Expect that. Their first move is often to protect the company. A rental company may point to the terms you accepted in the app, say you misused the scooter or say the crash was a rider error. Those statements are not the final word on responsibility.

Before you sign anything or send a written account, talk to us. We look at what the app says, what the scooter’s own data shows and what actually caused the crash. If a brake failed, a battery cut out or the scooter shut off mid-ride, the evidence usually lives in the company’s records, and records can be overwritten. Early on, we send a written request that the company keep the GPS routes, speed data, maintenance logs and repair history for your scooter.

If the company offers to cover your bills, read the paperwork carefully first. Accepting money can come with terms that give up your right to claim more.

How much does a Denver e-scooter accident attorney cost?

You pay no fee unless we win. We work on contingency, so our fee is a percentage of what we recover, explained in writing before you sign. The first consultation is free.