Accident While On a Scooter —Am I Still Considered a Pedestrian?

Can a scooter rider still be considered a pedestrian under California law? It’s a question more people in Visalia and across California are asking, especially after an accident while on a scooter. Whether you’re riding to work, school, or just around downtown near Mooney Boulevard or the Visalia Transit Center, these new modes of mobility are everywhere. 

But if you get hit, do you have the same rights as someone crossing the street on foot? The answer depends on how California classifies your movement, and the legal nuances matter. Here’s what injured accident victims should know.

Why Scooter Accidents Are On the Rise

Modern convenience has fueled the rise of dockless scooters across California cities, but with convenience comes increased risk. A study published in the National Library of Medicine tracked emergency room visits over 34 months and found that more than 3,300 individuals were treated for injuries related to e-scooters. 

Alarmingly, scooter-related injuries surged sixfold after shared e-scooter services launched in August 2018, from 26.9 to 152.6 injuries per month. These figures highlight a growing problem that cities like Visalia, CA, must face. 

As more people use e-scooters, skateboards, and other mobility devices, we need clarity on when a rider is considered a pedestrian and how that affects their legal rights after a crash.

Are You a Pedestrian If You’re on a Scooter?

Yes — but it depends. Under California Vehicle Code 467, a pedestrian is someone:

• Who is afoot (walking), or
• Using a conveyance propelled by human power (not a bicycle), or
• Using an electric personal assistive mobility device.

Section 467 also expands the definition to include individuals using self-propelled wheelchairs, motorized tricycles, or quadricycles due to a physical disability.

If you’re riding a kick scooter or manual skateboard, you might still be considered a pedestrian under California law. However, your classification and legal protections might change if you use motorized scooters, especially for recreation.

Why It Matters: Legal Implications of Your Classification

Whether or not you’re classified as a pedestrian affects everything from insurance claims to how traffic laws apply to your accident. Here’s why it’s critical:

• Pedestrian rights offer stronger legal protections under California law.
• If you’re a pedestrian, motorists have a greater duty of care.
• Your personal injury claim could be more favorable if you were considered a pedestrian.

Key legal differences may include:

💡Always consult a qualified lawyer to confirm how your case is classified and what coverage or rights apply to your situation.

What to Do After an Accident While On a Scooter

If you’re involved in an accident while on a scooter, take these steps immediately to protect your health and legal rights:

1. Seek Medical Attention

Even if injuries seem minor, brain injuries, spinal cord injury, or head injury may not show symptoms right away. Get a medical treatment evaluation as soon as possible and keep medical records.

2. Document Everything

• Photos of the scene, your scooter, and property damage
• Names and contact info of witnesses
• Detailed notes of the incident

3. Collect Insurance Information

Get the insurance information from the driver or any party involved. Don’t discuss fault.

4. Contact a California Personal Injury Lawyer

A pedestrian accident lawyer in Visalia can help determine your classification, protect your rights, and handle insurance companies that may try to minimize your claim.

5. File Your Claim Promptly

Under California’s statute of limitations, most personal injury cases must be filed within 2 years from the date of the accident. Don’t delay.

When Insurance Companies Complicate Things

Insurance carriers may deny your claim if they believe you weren’t a pedestrian. They may argue:

• You weren’t on a legal path
• You weren’t using protective gear like a helmet
• You were violating local traffic laws

This is why having personal injury attorneys on your side is crucial. They can challenge these assumptions and work to secure your maximum compensation for medical bills, lost wages, and even emotional damages like pain and suffering.

What Compensation Might You Be Entitled To?

If a negligent driver or unsafe conditions caused your scooter accident, you may be entitled to compensation for:

• Medical expenses (ER, rehab, surgery)
• Lost wages and reduced earning capacity
• Property damage to your scooter or belongings
• Pain and suffering
• Long-term care in cases involving traumatic brain injury or shoulder injury
• Emotional distress

Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case.

Navigating Scooter Accidents in Visalia

If you’ve had a scooter accident in Visalia—whether near Main Street, Visalia Mall, or around Riverway Sports Park—you’re not alone. Increased scooter use around public areas and schools makes awareness of your rights more critical than ever.

A trusted pedestrian accident lawyer in Visalia understands how local traffic laws and enforcement trends impact your case and can advocate for your rights with insurance companies and courts.

Frequently Asked Questions (FAQs)