Delivery Driver Lawsuits: Navigating E-Bike and E-Scooter Liability Challenges

Description

Over the past several years businesses have turned to e-bikes and e-scooters for delivery or retained delivery drivers who use them. Deliveries may not be the only way in which an employee might use an e-scooter or bike while on the job. Proponents of e-scooters or e-bikes--which have many variations and levels of performance--usually tout their lower cost and maneuverability in high congestion areas or areas with limited parking.

When someone is injured, it is often difficult to determine who is liable and whether there is insurance coverage because e-bikes and scooters are often not considered motor vehicles under relevant laws. The employment relationship of the e-scooter or e-bike operator at the time of injury-causing event can further complicate recovery.

It's often necessary to look to employers, manufacturers, and other third parties to compensate victims. E-bikes and e-scooters can cause accidents for many different reasons, including sudden stops or turns, improperly secured goods, inadequate training, distracted driving, negligent hiring or supervision, or any number of mechanical or product failures. Whether the driver was in violation of laws governing these vehicles could play a role, and at least one state has recognized the tort of negligent hiring of an independent contractor.

Listen as our experienced panel offers guidance on the unusual issues that must be addressed when litigating liability for accidents caused by delivery drivers on e-bike and e-scooters.