Financial responsibility laws should cover electric scooters

Somebody must pay: Electric scooters are all the rage, with cities across the country allowing scooter rental companies to offer cheap rides with minimal oversight. But injuries resulting from those rides are far from cheap. Emergency room physicians are seeing a sharp increase in scooter-related injuries, two men died in September while riding scooters, and scooter rental companies like Lime and Bird avoid legal liability for users' injuries through terms of service agreements.

Scooters are far more likely than cars to be involved in severe injury and fatal crashes. They weren't designed for unpaved roads, major roadways or high speeds. The drivers are often untrained or unlicensed, and many scooters are operated under the influence of drugs or alcohol. More than 90 percent of drivers are uninsured, and few drivers wear helmets, which are no longer required by state law for drivers over the age of 18.

Let's look at the real price tag associated with an electric scooter accident. A driver without a helmet is at substantial risk of concussion or other serious head injury. Should traumatic brain injury occur, he or she could be rendered temporarily incapable of returning to normal activities such as school or work. Even worse, the victim could suffer permanent cognitive and neurological injuries that deprive him or her of the capacity to function in a workplace environment and could ultimately face the loss of tens or hundreds of thousands of dollars in lost wages.

Whether the driver suffers head trauma or severe bodily injury, he or she will likely need care for some period and could require a lifetime of disabled care, including nursing care, home care, rehabilitation expenses, and transportation costs. This could add up to millions of dollars.

When a 16-year-old suffers traumatic brain injury, there will likely be a bill for emergency room treatment, rehabilitation, and physical or occupational therapy. There could be charges as well for a wheelchair, prosthetics, or other assistive devices. There is a strong possibility that the driver will be facing a lifetime of medical treatment and lost wages. Who will pay the bill?

Absent a policy rider or other insurance coverage, few step up to claim financial responsibility for scooter accidents, as rental companies expressly disclaim liability. Drivers, often teenagers, likely fall outside the scope of their parents' automobile policies, which do not cover scooter-related accidents in any event. Even if medical costs are covered by health insurance, the costs of property damage, lost wages, and ongoing care fall into a black hole.

The California Vehicle Code warns purchasers of electric scooters that there may not be insurance coverage. Section 406(b) provides as follows:

"Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:

(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.

(2) The disclosure shall include the following language in capital letters:

'YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.'"

It's time to plug this gaping hole in our motor vehicle laws. Drivers of every other type of road vehicle, including motorcycles, must pay to play. California's Compulsory Financial Responsibility Law requires drivers and vehicle owners to be financially responsible for damages and injuries caused by accidents, regardless of fault, and it takes financially irresponsible drivers off the highways.

California Vehicle Code Section 16020(a) states, "All drivers and all owners of a motor vehicle shall at all times be able to establish financial responsibility pursuant to Section 16021, and shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle."

The same standard should apply to scooter owners and operators. Scooter rental companies such as Lime and Bird must require renters to have proof of coverage or must make coverage available for purchase, just as rental car companies do now. The cost of such coverage is insubstantial when compared to the catastrophic costs of a serious injury. The increasing number of stories about scooter deaths and injuries in cities across the country call for nothing less.