Scooter Was Riding Against Traffic – Who’s at Fault in Indiana?

Electric scooters are becoming more and more popular, but riders are not always aware of the laws surrounding them. If you were involved in an accident where someone on a scooter was riding in the opposite direction of traffic, this could affect who is at fault.

Generally, fault is not a black-and-white issue, and multiple people could share responsibility for a crash. Vehicles on the street must drive on the right side, and anyone driving the wrong way would likely be at fault for a crash. However, other factors like speed, drunk driving, etc. may outweigh this fault. You also have to be riding a street-legal vehicle, or else that could also contribute to fault.

For help with an accident, call Wruck Paupore’s Indiana personal injury attorneys at (219) 322-1166 today.

Are Scooters Street Legal in Indiana?

State and local laws may differ from place to place, changing what requirements are needed to ride a scooter legally on the road. In Indiana, scooter laws break down vehicles into these categories with these restrictions:

• Human-powered scooters have no pedals or motor and have no age, registration, or license requirements. You can often ride these anywhere you can ride a bike, though local laws might allow their use on a sidewalk.
• Electric foot scooters weigh under 100 lbs, have handles and a floorboard, and cannot go more than 20 mph. These do not require licenses or registration, and you may ride on the street.
• Motor driven cycles have a max engine size of 50 ccs and do not require insurance or licensure, but you have to be at least 15 to operate it. You cannot ride on the sidewalk or highway.
• Motorcycles are any two- or three-wheeled vehicle with an engine 50 ccs or larger. This requires insurance, registration, and a motorcycle endorsement on your license. You must ride on the street.

What if Your Scooter Isn’t Street Legal?

If you are riding on a scooter that is not street legal, and you get into a crash, that is not necessarily the end of the case. Courts and insurance companies still need to compare fault and look at who did what wrong to cause the crash.

What Constitutes Fault in a Scooter Accident Case?

For anyone to be held “at fault” for a crash, they must have done something wrong to contribute to the accident. This usually means meeting four elements:

• The party owed the other a legal duty. This can be based on reasonableness in a given scenario or on specific rules, such as traffic laws.
• The party breached a legal duty by violating these rules or failing to use the proper care and skill.
• That breach caused the accident.
• The victim suffered damages and injuries.

Without all four elements, that party cannot be held at fault.

Comparative Fault Rules

Once a party meets this threshold to be “at fault,” courts and insurance companies turn to determining how much fault they share. In Indiana, our scooter accident lawyers can still help victims recover partial damages, as long as they were a maximum of 50% at fault.

Types of Comparative Fault

There are four general types of comparative fault rules:

• Pure Contributory Negligence – If the victim shares any fault, they lose their case.
• Pure Comparative Fault – If the victim shares fault, their damages are reduced by their percentage of the blame (using whole-number percentages).
• Modified Comparative Fault with 50% Bar – The victim’s damages are reduced for partial fault, but they can still sue as long as their fault is under 50%.
• Modified Comparative Fault with 51% Bar – The victim’s damages are reduced for partial fault, but they can still sue as long as their fault is 50% max.

Indiana

Indiana uses a modified comparative fault rule with a 51% bar. So, for example…

• A scooter and a car crash into each other.
• The scooter rider suffers $100,000 worth of damages.
• The court finds the scooter rider 20% at fault and the driver 80% at fault.

In that case, the scooter rider recovers $80,000 from the driver. If the driver suffered damages, too, they cannot sue because their fault was over 50%.

Does Riding a Scooter the Wrong Way Make You at Fault?

Generally, yes. If you are riding a vehicle on the street and you go the wrong way, you could be at fault for a crash. However, your fault needs to be compared to the other driver’s fault.

For example, if you are trying to make a left turn, so you cut across the street and “go the wrong way” for only a few feet, but you get hit by a drunk driver going 100 mph in a 25, your fault might be only a low percentage compared to the other driver’s fault. If they were reckless, it may also trump your mere “negligence.”

If, instead, you were driving the wrong way continually, and the other driver was merely speeding a bit, you might be 95% fault and unable to bring a claim.

What if the Accident Wasn’t on the Street?

If you were hit on your scooter while legally riding on a sidewalk or bike path, then the driver is probably at fault. Cars cannot be on the sidewalk or bike path, so that driver is likely completely at fault for driving off the road in the first place.

Your direction of travel probably will not come into play.

What if Your Scooter is Illegal?

If your scooter is not street legal, it may increase your percentage of fault. It does not definitively make you 100% at fault, but it could put you over your state’s limit for a lawsuit.

Going the wrong way, combined with the fact that you are riding without a license or using an illegal vehicle, your percentage fault could easily block you from suing.

Does Insurance Cover Scooter Accidents?

Indiana is an at-fault state for insurance. This means that if a driver hits you, you bring your claim against the at-fault driver.

As long as they were at fault, then their insurance should cover the damages they caused you. If you were partially at fault, damages are reduced, and you are barred from your claim if your fault is over 50%.

What if You Don’t Have Insurance?

If your scooter is considered a motorcycle, and you ride without insurance, you may be blocked from full recovery in Indiana. Our “no pay, no play” law prevents uninsured motorists from recovering non-economic damages (i.e., pain and suffering).

This only applies if your vehicle was a motorcycle; other e-scooters and foot scooters do not require insurance in the first place.

Call Our Scooter Accident Lawyers Today

For your free case evaluation, call Wruck Paupore’s Indianapolis, IN personal injury lawyers at (219) 322-1166.