
Bellevue Scooter Accident Attorney
Scoot Accident Lawyer in Bellevue or Scooter Accident Victims

Operating an electric motorized scooter is one of the most fun ways to travel. It can be the most convenient when traveling in large metropolitan areas. However, due to the significant physical exposure while traveling on a scooter, operators are at risk of serious injuries if they are involved in a collision with an automobile or truck. Even a collision with a pedestrian or another scooter can cause serious injuries due to the lack of surrounding protections.
If you have been in a scooter accident and have any legal related questions, please feel free to reach out to Charles McNeese and Adam Trotsky for a free phone, video, or in-person consultation. We look forward to answering any of your questions.
The Law
Washington has enacted the following statutes related to scooters, mopeds, and wheelchairs:
RCW 46.61.710: Mopeds, EPAMDs, motorized foot scooters, personal delivery devices, electric-assisted bicycles, class 1 electric-assisted bicycles, class 2 electric-assisted bicycles, class 3 electric-assisted bicycles—General requirements and operation.
(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with RCW 46.16A.405(2).
(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive mobility device, or motorized foot scooter on a fully controlled limited access highway is unlawful. Operation of a personal delivery device on any part of a highway other than a sidewalk or crosswalk is unlawful, except as provided in RCW 46.61.240(2) and 46.61.250(2). Operation of a moped on a sidewalk is unlawful. Operation of a motorized foot scooter or class 3 electric-assisted bicycle on a sidewalk is unlawful, unless there is no alternative for a motorized foot scooter or a class 3 electric-assisted bicycle to travel over a sidewalk as part of a bicycle or pedestrian path, or if authorized by local ordinance, as provided in RCW 46.61.715.
(4) Removal of any muffling device or pollution control device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles.
(6) Electric-assisted bicycles and motorized foot scooters may have access to highways of the state and may be parked to the same extent as bicycles, subject to RCW 46.61.160.
(7) Subject to subsection (10) of this section, class 1 and class 2 electric-assisted bicycles and motorized foot scooters may be operated on a shared-use path or any part of a highway designated for the use of bicycles, but local jurisdictions or state agencies may restrict or otherwise limit the access of electric-assisted bicycles and motorized foot scooters, and local jurisdictions or state agencies may regulate the use of class 1 and class 2 electric-assisted bicycles and motorized foot scooters on facilities, properties, and rights-of-way under their jurisdiction and control. Local regulation of the operation of class 1 or class 2 electric-assisted bicycles, upon a shared use path designated for the use of bicycles that crosses jurisdictional boundaries of two or more local jurisdictions, must be consistent for the entire shared use path in order for the local regulation to be enforceable; however, this does not apply to local regulations of a shared use path in effect as of January 1, 2018.
(8) Class 3 electric-assisted bicycles may be operated on facilities that are within or adjacent to a highway. Class 3 electric-assisted bicycles may not be operated on a shared-use path, except where local jurisdictions may allow the use of class 3 electric-assisted bicycles. State agencies or local jurisdictions may regulate the use of class 3 electric-assisted bicycles on facilities and properties under their jurisdiction and control. Local regulation of the operation of class 3 electric-assisted bicycles, upon a shared use path designated for the use of bicycles that crosses jurisdictional boundaries of two or more local jurisdictions, must be consistent for the entire shared use path in order for the local regulation to be enforceable; however, this does not apply to local regulations of a shared use path in effect as of January 1, 2018.
(9) Except as otherwise provided in this section, an individual shall not operate an electric-assisted bicycle or motorized foot scooter on a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. A local authority or agency of this state having jurisdiction over a trail described in this subsection may allow the operation of an electric-assisted bicycle or motorized foot scooter on that trail.
(10) Subsections (1) and (4) of this section do not apply to motorized foot scooters. Subsection (2) of this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or hiking or recreational trail was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built or maintained with federal highway transportation funds may be used by persons operating motorized foot scooters only when signed to allow motorized foot scooter use.
(11) A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
(12) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation may prohibit the operation of an EPAMD on public highways within their respective jurisdictions where the speed limit is greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city engineer or designee of the municipality. Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.
RCW 46.61.715: Motorized foot scooters and shared scooters—Local authority may regulate—Contracts offered by scooter share programs to scooter share contractors—Written disclosure.
(1) A local authority may regulate the operation of motorized foot scooters and shared scooters within its jurisdiction which may include, but is not limited to, the following:
(a) Determining if shared scooters may be operated within the local authority’s jurisdiction, and if allowed, where they may be operated;
(b) Requiring scooter share programs to pay reasonable fees and taxes;
(c) Requiring that shared scooters be staged in a manner compliant with the Americans with disabilities act, to ensure clear passage of pedestrian traffic on sidewalks; and
(d) Adopting and assessing penalties for moving or parking violations involving shared scooters to the person responsible for such violation.
(2) A contract offered by a scooter share program to a prospective scooter share contractor must make the following written disclosures to a prospective scooter share contractor:
WHILE YOU ARE LOCATING AND RETURNING SCOOTERS, PROVIDING TRANSPORT, BATTERY CHARGE, OR REPAIR SERVICES, YOU MAY BE ENGAGED IN COMMERCIAL ACTIVITY. YOUR PRIVATE PASSENGER AUTOMOBILE, HOMEOWNERS, CONDOMINIUM, OR RENTERS INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR YOU, DEPENDING ON THE TERMS OF YOUR POLICY.
(3) For the purposes of this section:
(a) “Scooter share program” means a person offering shared scooters for hire. All scooter share programs must carry the following insurance coverage:
(i) Commercial general liability insurance coverage with a limit of at least one million dollars for each occurrence and five million dollars aggregate;
(ii) Automobile liability insurance coverage with a combined single limit of at least one million dollars; and
(iii) If a local authority authorizes operation of a motorized foot scooter by persons under sixteen years of age, the local authority may require all scooter share programs offering shared scooters for hire to such persons under sixteen years of age to carry insurance coverage at greater amounts negotiated between the programs and the local authority.
(b) “Scooter share contractor” means a person other than an employee of a scooter share program retained under an independent contract to provide scooter location or transport and/or scooter battery charging or repair services to a scooter share program.
(c) “Shared scooter” means any motorized foot scooter offered for hire. All shared scooters must bear a single unique alphanumeric identification visible from a distance of five feet, which shall not be obfuscated by branding or other markings, which shall be used throughout the state, including by local authorities, to identify the shared scooter.
RCW 46.61.720: Mopeds—Safety standards.
Mopeds shall comply with those federal motor vehicle safety standards established under the national traffic vehicle safety act of 1966 (15 U.S.C. Sec. 1381, et seq.) which are applicable to a motor-driven cycle, as that term is defined in such federal standards.
RCW 46.61.723: Medium-speed electric vehicles.
(1) Except as provided in subsection (3) of this section, a person may operate a medium-speed electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, if:
(a) The person does not operate a medium-speed electric vehicle upon state highways that are listed in chapter 47.17 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) The person does not operate a medium-speed electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW. The department must track medium-speed electric vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a medium-speed electric vehicle upon a highway of this state without first obtaining a valid driver’s license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a medium-speed electric vehicle subject to registration under chapter 46.16A RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a medium-speed electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, or forty-five miles per hour as provided in subsection (4) of this section, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, and occurs at an intersection of approximately ninety degrees, except that the operator of a medium-speed electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of medium-speed electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with this title, except that:
(a) Local authorities may not authorize the operation of medium-speed electric vehicles on streets and highways that are part of the state highway system subject to Title 47 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) Local authorities may not prohibit the operation of medium-speed electric vehicles upon highways of this state having a speed limit of thirty-five miles per hour or less; and
(c) Local authorities may not establish requirements for the registration of medium-speed electric vehicles.
(4) In counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate a medium-speed electric vehicle upon a highway of this state having a speed limit of forty-five miles per hour or less. A person operating a medium-speed electric vehicle as authorized under this subsection must not cross a roadway with a speed limit in excess of forty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of forty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a medium-speed electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a medium-speed electric vehicle.
RCW 46.61.725: Neighborhood electric vehicles.
(1) Absent prohibition by local authorities authorized under this section and except as prohibited elsewhere in this section, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, if:
(a) The person does not operate a neighborhood electric vehicle upon state highways that are listed in chapter 47.17 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) The person does not operate a neighborhood electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW. The department must track neighborhood electric vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a neighborhood electric vehicle upon a highway of this state without first obtaining a valid driver’s license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a neighborhood electric vehicle subject to registration under chapter 46.16A RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a neighborhood electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, or forty-five miles per hour as provided in subsection (4) of this section, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less, or forty-five miles per hour or less as provided in subsection (4) of this section, and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of neighborhood electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:
(a) Local authorities may not authorize the operation of neighborhood electric vehicles on streets and highways that are part of the state highway system subject to the provisions of Title 47 RCW along segments where the posted speed limit exceeds thirty miles per hour;
(b) Local authorities may not prohibit the operation of neighborhood electric vehicles upon highways of this state having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any requirements for the registration of neighborhood electric vehicles.
(4) In counties consisting of islands whose only connection to the mainland are ferry routes, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of forty-five miles per hour or less. A person operating a neighborhood electric vehicle as authorized under this subsection must not cross a roadway with a speed limit in excess of forty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of forty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (3) of this section.
(5) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a neighborhood electric vehicle.