E-Scooters in Lethbridge: What’s the Law?

May 1, 2023 -

John McMullin, Juris Doctor, Associate Lawyer, LETOURNEAU LLP

E-scooters look they are becoming less of a fad and more of a fixture of summertime in Alberta. Orange Neuron e-scooters and e-bikes are scattered across the city of Lethbridge for anyone who needs a quick ride or to have a bit of fun. They’re easy to use, but what is the law around them, and what happens if you get into an accident while driving one?

Lethbridge Laws About E-Scooters

E-scooters are, oddly enough, defined as motor vehicles in Alberta’s Traffic Safety Act, since they use electricity rather than your muscles to move. This also means that, again according to the Traffic Safety Act, they can only be driven on private property.

However, municipalities can override the Traffic Safety Act when it comes to where scooters go, and Lethbridge allows e-scooters on public sidewalks and paths, as announced enthusiastically on the city’s tourism page.

E-Scooters and Alcohol

It’s important to note that the Traffic Safety Act’s definition of e-scooters still applies. That means, among other things, you cannot operate an e-scooter if your blood alcohol level is over the legal limit.

Lethbridge has dealt with this issue before in a SafeRoads Alberta hearing: Churchill (Re), 2022 ABSRA 619. In this case a woman on an e-scooter drove into a parked car. Multiple witnesses described that she was drunk and she blew over 100 mg% on her blood alcohol test. She was issued a Notice of Administrative Penalty at the scene and that notice was upheld at the SafeRoads hearing.

Riding a scooter while intoxicated may seem like a fun, enjoyable idea. The reality of the situation is that operating an e-scooter while drunk is against the law.

What happens in E-Scooter Accidents?

E-scooters accidents in Lethbridge are legally very similar to any other accident: the party that caused the accident is at fault and can be made to pay. There are a few wrinkles that are useful to know for these accidents.

Do you have the right of way?

If you are riding an e-scooter, you are not a pedestrian. This is important because it means you do not have the right of walk when you are crossing a crosswalk, meaning that it is your job to look out for other vehicles rather than being able to simply go across like someone walking.

Who gets sued?

If you cause an accident while riding an e-scooter, you can be sued for that accident. It is very important to note that you do not have your regular motor vehicle insurance coverage while riding an e-scooter; if you hurt someone, you’re responsible to pay them for their injuries on your own.

If someone else hurts you in an accident they caused, you would be able to sue them, just as if you were riding a bicycle or walking.

However, because e-scooters are owned by an independent company, that company may also get caught up in the litigation. Maybe the scooter broke due to poor maintenance. Maybe it was poorly designed, causing the accident. This can make your legal matter more complicated.

Is there any insurance coverage for e-scooters?

Yes, with some limitations. In Lethbridge, the primary company offering e-scooter services is Neuron. Neuron riders who are operating the e-scooter (or e-bike) in accordance with Neuron’s terms of service have some coverage if they are injured riding the e-scooter. This includes wearing a helmet. Impaired operators do not fall under Neuron’s policy.

There are a variety of coverages available, including dental, medical, physiotherapy, loss of use, funeral, day care, and home modification benefits, up to $50,000.00, with limits for each specific service or loss.

These insurance benefits, however, are only available if written notice is given to Neuron’s insurer within 30 days and written proof within 90 days.

If you were struck by an automobile, you may have coverage through the insurance on that automobile for treatment as well.

E-scooters make personal injury matters more complicated. If you’ve been involved in an e-scooter accident, we can assist you with those complications to ensure you get the compensation you deserve. Contact us by telephone at 403-329-4311 to set up a free personal injury consultation.

If you have been in an accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities. Contact LETOURNEAU LLP at 403-329-4311 to set up a free consultation for any accident-related injury.

Learn more about John McMullin, our Lethbridge Personal Injury Lawyer.

Learn more about Personal Injury Law.

This article is for information purposes only and does not constitute legal advice.