E-Scooters, E-Bikes and the Legal Risks of Riding without a Helmet.

In recent years, the popularity of electric scooters (e-scooters) and electric bicycles (e-bikes) has skyrocketed in cities across the UK. These vehicles offer a convenient, eco-friendly alternative for short trips and commuting. However, their rise has also brought a sharp increase in related accidents – and a growing number of personal injury claims.

If you are using an e-scooter or e-bike, whether privately owned or rented through a city scheme, it is important to understand the legal implications surrounding safety, especially when it comes to helmet use and insurance coverage.

Helmet Use and Contributory Negligence

Currently, UK law does not require helmet use for e-bike riders (unless it is a speed pedelec) or e-scooter users, though it is strongly recommended. Despite the lack of a legal mandate, failing to wear a helmet can still have significant consequences if you are injured in an accident.

This is where the concept of contributory negligence comes into play. In a personal injury claim, if the injured party is found to have contributed to their injuries by their own actions – or inactions – the court may reduce the compensation awarded. For example, if a rider was not wearing a helmet whilst riding a bike and ends up sustaining a head injury, a defendant may argue that the injury was partially self-inflicted due to the lack of protective gear.

While the courts will consider expert evidence on whether a helmet would have realistically prevented or reduced the severity of the injury, not wearing one could be used to reduce a claimant’s damages by a certain percentage – sometimes up to 50% or more in head injury cases.

Insurance: A Common Oversight

Many riders are unaware that insurance coverage for e-scooters and e-bikes is not straightforward, especially when it comes to e-scooters.

• Privately owned e-scooters are currently illegal to use on public roads and pavements in the UK, unless part of a government trial scheme. As they are classified as motor vehicles, using one without insurance (and a proper license) is technically a criminal offence. As a result, if you are involved in an accident, you may not only be liable for damages, but could also face prosecution.
• Hired e-scooters (through government-backed schemes like Lime, Tier or Voi) typically include basic third-party insurance as part of the rental agreement. However, this won’t cover personal injuries to the rider or property damage in most cases and the coverage may be limited.
• E-bikes (that meet standard pedal-assist limits) are generally treated the same as regular bicycles and do not require insurance. However, some riders opt for cycle insurance, which can include personal injury, third-party liability and theft cover.

If you’re riding either vehicle type in a city, it is wise to review your personal insurance policies – including home insurance and any specialist bike or mobility cover – to ensure you’re protected.

Key Takeaways

• Always wear a helmet when riding an e-scooter or e-bike – even if it’s not legally required. It could protect you both physically and legally, if you were to have an accident.
• Understand the legal status of your vehicle. If you are using a private e-scooter, you may be unknowingly breaking the law.
• Check your insurance cover before you ride. Don’t assume you’re protected by default.
• If you’re injured in an accident while riding, seek legal advice promptly – especially if your helmet use (or lack thereof) could become a point of dispute.

At Lanyon Bowdler, we specialise in personal injury claims involving road traffic accidents and urban transport. If you’ve been injured in an accident while using an e-scooter or e-bike, we can help assess your case and advise you on your legal options. Please get in touch today, we would love to hear from you.