Ohio's New E-Scooter Rules: What They Mean After a Scooter Crash in Dayton

Published April 22, 2021 · New Laws

Electric scooters have gone from novelty to fixture in a few short years, on campus sidewalks, downtown streets, and neighborhood bike paths. Until last week, Ohio had no statewide rules written specifically for them. That changed on April 15, 2021, when House Bill 295 took effect.

If you are a pedestrian clipped by a scooter on a Dayton sidewalk, or a rider knocked off one by a turning car, the new law matters to your claim. It sets a standard of conduct for riders, gives local governments tools to require insurance, and clarifies how scooters fit into Ohio's traffic code. Here is what changed and what it means for injured people.

The bill and its timeline

H.B. 295 of the 133rd General Assembly was signed by Governor DeWine on January 13, 2021, as reported by the University of Cincinnati Law Review. It took effect April 15, 2021. The bill created a new statute, R.C. 4511.514, and added a definition to R.C. 4511.01.

What is a "low-speed micromobility device"?

The law does not say "scooter." It uses the term "low-speed micromobility device," defined in R.C. 4511.01 as a device weighing less than 100 pounds, with handlebars, propelled by an electric motor or human power, with a top speed on a paved level surface of no more than 20 miles per hour under motor power. That covers the stand-up rental scooters most people picture and many privately owned ones.

For purposes of the traffic code, the same statute now says that the word "vehicle" does not include these devices. That matters for insurance, as explained below.

The new rules of the road

R.C. 4511.514 sets out where scooters may go and how they must be ridden:

• Where: Scooters may be operated on public streets, highways, sidewalks, shared-use paths, and bike lanes. Provisions of Ohio's traffic code that by their nature could apply to a scooter apply to it and its rider.
• Pedestrians first: A rider must yield the right-of-way to pedestrians "at all times" and must give an audible signal before overtaking and passing a pedestrian.
• Lights at night: After dark, the scooter or rider must have a white front lamp visible from at least 500 feet and a red rear reflector.
• Speed: No one may operate a scooter faster than 20 miles per hour.
• Rentals and age: No one under 16 may rent a scooter, and no one may knowingly rent one to, or on behalf of, someone under 16.
• Penalty: A violation is a minor misdemeanor.
• Local control: Cities, counties, townships, and park districts may regulate or prohibit scooters on streets, sidewalks, and paths in their jurisdiction. They may also require scooter rental and sharing companies to carry commercial general liability insurance, with limits of up to $1 million per occurrence and $2 million in the aggregate.

Why the rules matter in an injury claim

For pedestrians hit by a scooter

Before this law, a pedestrian struck from behind on a sidewalk had to argue general negligence: the rider should have been more careful. Now there is a specific statutory duty. A rider who fails to yield to a pedestrian, passes without warning, rides at night without a light, or exceeds 20 mph has broken a written safety rule. Violating a specific safety statute is powerful evidence of negligence, and in many cases Ohio courts treat it as negligence as a matter of law.

The harder question is often who pays. A rider may have homeowner's or renter's insurance that covers liability away from home, or may have nothing. Where a rental company is involved, the local insurance requirement in R.C. 4511.514(F)(3) may become an important source of coverage, depending on what your city requires. Our pedestrian and crosswalk injuries page discusses how these claims are built.

For riders hit by a car

The most serious scooter injuries usually involve a car or truck. The driver who turns across a bike lane or pulls out of a driveway without looking owes a scooter rider the same care owed to anyone lawfully on the road or sidewalk, and the driver's auto liability insurance is the first place to look.

When that driver is uninsured or underinsured, look to your own auto policy. Because Ohio's traffic code now says a scooter is not a "vehicle," a rider struck by a car may stand in a position closer to a pedestrian or cyclist than to a driver for purposes of many auto policies. Uninsured motorist coverage often protects family members who are hurt by an uninsured driver while not in a car, but the policy's definitions control. Read yours before you assume either way.

For riders hurt by the scooter itself

Brakes fail, throttles stick, and batteries overheat. If a defect caused your crash, the manufacturer or the rental company may be responsible. Preserve the scooter if it is yours, photograph the device and its identification number if it is a rental, and keep your app records. I first wrote about these issues when scooters arrived in Ohio, in our 2018 post on electric scooter liability.

Watch out for the app's fine print

Rental scooters come with terms of service that most riders accept with a tap. Those terms often include liability waivers and arbitration clauses. Ohio courts do enforce some waivers, but not all, and not against every claim; we explained the limits in our post on liability waivers. The UC Law Review article also notes that the major rental companies set their own minimum age of 18, higher than the new state minimum of 16. A waiver signed by a minor, or one that tries to excuse a defective device, deserves a close look.

What to do after a scooter crash

The first steps are the same as after any collision, with a few additions:

• Call 911 and get a report number. Scooter crashes are often treated as minor, so insist on a report.
• Photograph the scooter, its ID number, the scene, any sidewalk or pavement defect, and the lighting.
• Get the names of witnesses and the rider or driver involved.
• Screenshot the rental app's ride history and receipt before the account changes.
• Get medical care the same day. Head and wrist injuries are common and often worse than they first appear.

Our guide chapter on the first 72 hours after an injury walks through each step.

What this means for you

Ohio now has clear, enforceable rules for e-scooters, and those rules protect pedestrians and riders alike. If you were hurt, the questions that decide your recovery are who broke which rule, and which insurance policy applies: the rider's, the driver's, the rental company's, or your own. Our bicycle, scooter, and e-bike injury practice handles exactly these questions.