E-Scooter Accidents in Murfreesboro: Liability and Compensation

Electric scooters (e-scooters) have surged in popularity in Murfreesboro, Tennessee, offering an eco-friendly and convenient way to navigate the city. However, their rise has led to an increase in accidents, raising complex questions about liability and compensation. This article explores the legal framework governing e-scooter accidents in Murfreesboro, including relevant statutes, liability rules, compensation options, and key considerations for victims seeking justice.

Understanding E-Scooter Accidents in Murfreesboro

E-scooters, such as those operated by companies like Bird and Lime, are classified in Tennessee as “electric scooters” under Tennessee Code § 55-8-301. They are subject to specific regulations, such as operating on streets with speed limits of 35 mph or less and yielding to pedestrians. Unlike motor vehicles, e-scooters are not required to carry liability insurance, which complicates compensation claims when accidents occur.

Accidents involving e-scooters in Murfreesboro can involve collisions with vehicles, pedestrians, or other scooters, as well as injuries due to defective equipment or poorly maintained roads. Common causes include rider inexperience, distracted driving, failure to yield, or hazardous road conditions, particularly at busy intersections like Murfreesboro Pike and Bell Road.

Liability in E-Scooter Accidents

Tennessee is a fault-based state for motor vehicle accidents, meaning the party responsible for the crash is liable for damages (Tennessee Code § 55-10-101). E-scooter accidents follow a similar framework, but liability can be complex due to the involvement of multiple parties:

• E-Scooter Rider: Riders may be liable if they violate traffic laws, such as running red lights or riding recklessly. For example, failing to yield to pedestrians or vehicles can establish negligence.
• Motor Vehicle Driver: Drivers of cars or trucks may be liable if they fail to observe traffic laws, such as yielding to e-scooters in designated lanes or at intersections.
• Scooter Companies: Companies like Bird or Lime may face liability if a malfunctioning scooter (e.g., faulty brakes) causes an accident. In Tennessee, product liability laws (Tennessee Code § 29-28-101) allow claims against manufacturers or distributors for defective products, though riders often sign liability waivers that may limit claims unless gross negligence is proven.
• Local Government: The City of Murfreesboro could be liable if poorly maintained roads or inadequate signage contribute to an accident. However, claims against municipalities face strict procedural requirements under the Tennessee Governmental Tort Liability Act (TGTLA) (Tennessee Code § 29-20-101).
• Pedestrians: In rare cases, a pedestrian’s actions (e.g., stepping into a scooter’s path) may contribute to an accident.

Tennessee follows a modified comparative negligence system (Tennessee Code § 20-1-119), also known as the “49% rule.” This means a victim can recover damages as long as they are less than 50% at fault, but their compensation is reduced by their percentage of fault. For example, if a rider is 20% at fault for an accident and suffers $50,000 in damages, they can recover $40,000.

Proving Liability

To establish liability, the injured party must prove negligence, which includes:

1. Duty of Care: The responsible party had a legal obligation to act reasonably (e.g., drivers must obey traffic laws).
2. Breach of Duty: The party failed to meet this obligation (e.g., a driver ran a red light).
3. Causation: The breach directly caused the accident and injuries.
4. Damages: The victim suffered measurable losses (e.g., medical bills, lost wages).

Evidence such as police reports, eyewitness statements, traffic camera footage, and accident reconstruction reports is critical. For accidents involving defective scooters, expert testimony may be needed to prove product defects.

Compensation for E-Scooter Accident Victims

Victims of e-scooter accidents in Murfreesboro may seek compensatory damages, which include:

• Economic Damages:
  • Medical expenses (hospital bills, rehabilitation, ongoing care)
  • Lost wages or earning capacity
  • Property damage (e.g., to the scooter or personal belongings)
• Non-Economic Damages:
  • Pain and suffering
  • Emotional distress
  • Loss of quality of life

In cases of egregious negligence, punitive damages may be awarded to punish the at-fault party, though these are rare (Tennessee Code § 29-39-104).

Challenges in Securing Compensation

Several factors complicate compensation claims:

• Lack of Insurance: E-scooters are not required to carry liability insurance, and riders may rely on the at-fault party’s insurance or their own uninsured/underinsured motorist (UM/UIM) coverage (Tennessee Code § 56-7-1201).
• Liability Waivers: Scooter companies often require riders to sign waivers, which may limit claims unless gross negligence or willful misconduct is proven.
• Short Statute of Limitations: In Tennessee, personal injury lawsuits must be filed within one year from the date of the accident (Tennessee Code § 28-3-104). For property damage, the limit is three years (Tennessee Code § 28-3-105).

Relevant Statutes and Regulations

Key Tennessee statutes governing e-scooter accidents include:

• Tennessee Code § 55-8-301: Defines e-scooters and outlines operational rules, such as speed limits and right-of-way.
• Tennessee Code § 55-10-101: Establishes fault-based liability for vehicle accidents.
• Tennessee Code § 20-1-119: Governs comparative fault, allowing additional defendants to be named within 90 days of a defendant’s answer.
• Tennessee Code § 29-28-101: Covers product liability for defective scooters.
• Tennessee Code § 29-20-101: Limits liability for governmental entities under the TGTLA.

Murfreesboro’s local ordinances may also impose additional rules, such as designated scooter zones or parking regulations, which can affect liability if violated.

Recent Changes and Legal Nuances

While no major legislative changes specific to e-scooters have occurred in Tennessee as of April 2025, the legal landscape is evolving:

• Local Regulations: Murfreesboro has implemented pilot programs for e-scooter companies, with rules on where scooters can operate and park. Violations of these rules may impact liability determinations.
• Insurance Gaps: The lack of mandatory insurance for e-scooters remains a challenge, prompting some victims to rely on UM/UIM coverage or personal health insurance.

Federal law has minimal impact on e-scooter accidents, as regulation is primarily a state and local matter. However, federal safety standards for e-scooter manufacturing (e.g., Consumer Product Safety Commission guidelines) may be relevant in product liability cases.

Steps to Take After an E-Scooter Accident

To protect your rights and maximize compensation, follow these steps:

1. Seek Medical Attention: Even if injuries seem minor, get evaluated to document your condition.
2. Report the Accident: Notify the Murfreesboro Police Department, especially if damages exceed $1,500 or injuries occur (Tennessee Code § 55-12-104).
3. Gather Evidence: Take photos of the accident scene, injuries, and damage. Collect witness contact information.
4. Avoid Admitting Fault: Do not apologize or admit responsibility, as this could be used against you.
5. Consult a Lawyer: An experienced Murfreesboro personal injury attorney can navigate Tennessee’s comparative fault laws, negotiate with insurance companies, and file claims within the one-year statute of limitations.

Why Hire a Murfreesboro Personal Injury Attorney?

E-scooter accident cases are complex due to multiple liable parties, insurance disputes, and Tennessee’s strict legal deadlines. A skilled Murfreesboro personal injury attorney can:

• Investigate the accident to establish liability.
• Collect evidence, including police reports and expert testimony.
• Negotiate with insurance companies to secure fair settlements.
• Represent you in court if a lawsuit is necessary.

Firms like Gritton & Gritton in Murfreesboro offer free consultations and work on a contingency fee basis, meaning you pay nothing unless they recover compensation.

Conclusion

E-scooter accidents in Murfreesboro present unique legal challenges, from determining liability under Tennessee’s fault-based system to navigating compensation claims without mandatory scooter insurance. Victims must act quickly due to the one-year statute of limitations and gather strong evidence to counter comparative fault arguments. By understanding the relevant laws and working with an experienced attorney, you can protect your rights and secure the compensation you deserve.