A guide to e-Scooter safety, dangers and rights

The success of e-scooter rental schemes from companies such as Lime and Neuron has seen many people hiring them to commute around our cities.

Given the popularity of these e-scooters for hire, it’s hardly surprising that the trend to own your own personal electric scooter is also on the rise.

The benefits are broad-ranging; e-scooters are small, lightweight, inexpensive to run, reduce your environmental footprint, and are easy to store.

Riding an e-scooter allows you to avoid congestion, but riders should be aware that this benefit also brings risks. As the number of e-scooter riders rises, so does the number of accidents. Principal Lawyer Alison Barrett explains the risks of riding e-scooters, the laws that apply and understanding your rights. 

E-scooter rules and responsibilities

The rules around the use of e-scooters vary between each state and territory, so it’s important to understand the laws of your state.

For example, in Queensland, the maximum speed an e-scooter can travel is 25km/h, and you can ride on a road in a local street that has a speed limit of 50km/h.

However, the same e-scooter must not be ridden on roads in the Brisbane CBD, meaning users are only permitted to ride e-scooters among pedestrians, on busy footpaths.

In Victoria, e-scooters are permanently legal as of October 2024. Private e-scooters can be used on public roads, shared paths, and approved council areas, provided riders comply with the rules. Hire e-scooters remain limited to participating councils and approved operators.

In late 2020, the National Transport Commission made some recommendations about the use of e-scooters for the Australian Road Rules.

Despite these recommendations, there continues to be inconsistency across the states and territories as to whether e-scooters are permitted on roads and footpaths, and if they are, the rules surrounding their use. This creates confusion and complexity for e-scooter riders and increases the risk of electric scooter accidents. 

Most importantly, when you are using an e-scooter, ensure you are riding at safe speeds around other road users and pedestrians, wear a helmet and do not ride under the influence of drugs or alcohol.

Related article: Surging use of e-Scooters raises questions

The risks and dangers of electric scooters

Even if e-scooters are authorised to be ridden on roads, many riders opt to use footpaths due to the vulnerability of riders and the safety concerns of riding a scooter alongside vehicles that are much larger and faster. While riding on the road may pose a danger for e-scooter riders, riding on footpaths also has its dangers.

What happens if you collide with a pedestrian, causing them a serious injury? What happens if you hit a crack in the footpath and fall off? What happens if you fall off and are seriously injured?

Studies of e-scooter injuries show that serious accidents are rising across Australia. While millennials remain affected, research from the University of Melbourne reveals that children under 18 now account for over one-third of e-scooter fatalities. Deaths have increased from 1-2 per year in 2020/2021 to 13 in 2024, with 10 recorded in the first half of 2025. Many incidents involve collisions with vehicles, especially among younger riders.

In Victoria, hospitals are treating a growing number of serious e-scooter injuries, including head trauma, fractures, and internal injuries, reflecting a nationwide increase in harm from e-scooter use.

Do you need insurance to ride an e-scooter?

Having insurance that covers e-scooters is a good way to protect yourself in case of an accident.

If you cause damage to someone’s property or injure a pedestrian while riding an electric scooter, you may be liable to pay for their medical expenses or property damage bill, which insurance would cover. 

Private e-scooter riders may need to check personal insurance policies, including home-and-contents or specific personal liability coverage, to confirm whether accidents are covered.

Superannuation insurance may provide some protection if you are unable to work due to injury, depending on the type of cover your fund offers. Check your policy carefully to understand what is included.

Does superannuation cover electric scooter accidents?

If you fall off an e-scooter and you are unable to work due to your injuries, you could face serious financial hardship.

One way to protect yourself is to check that your superannuation has adequate insurance attached to it. Many funds have automatic insurances such as life insurance, total and permanent disability insurance and sometimes even income protection.

However, not all funds offer the same level of protection, nor do they offer all insurances as an automatic added inclusion.

If you sustain an injury or illness from an e-scooter accident, our superannuation team can help you check the protections attached to your superannuation fund.

Other legal rights regarding electric scooter accidents

If you are injured or someone else is injured while riding an e-scooter, you may have legal options. There are many circumstances, including:

• Colliding with another road user, such as a car
• Colliding with another e-scooter on a busy street
• Getting your e-scooter wheels caught in defects in the road or footpath
• Malfunction or defects in an e-scooter

Where it is a third party’s fault that the accident occurred, such as a car or a local council due to footpath defects, you may have legal rights you can pursue. It's best to seek legal advice as soon as possible after an accident to understand what laws apply and what options you may have. 

What should you do after an electric scooter accident?

If you find yourself in the unfortunate situation of being in an e-scooter accident, you should:

1. Seek medical treatment if you are injured, including calling triple zero (000) if you need urgent assistance;
2. Take photos of the issue that caused your accident, such as the footpath or the scooter itself;
3. Obtain the contact details of any witnesses to the accident and any other party involved in the accident;
4. Report the accident to the police if it involved a vehicle;
5. Report the accident to the hire company if you hired the e-scooter.

If you think you may be eligible for a public liability or road injury claim, get in touch with one of our personal injury lawyers today to best understand your options for compensation. 

A final word on e-scooter safety

Personal e-scooters can be a fun and convenient way to get around, and are likely to be an increasingly popular transport option. But as with all vehicles on our roads and footpaths, there is an element of risk.

We encourage all riders to enjoy their e-scooters, but to do so safely by making sure they’re following the road rules that apply where they live, and ensuring they are protected if they hurt themselves or someone else while on the e-scooter.