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Electric Scooters and New Jersey Law: What You Need to Know

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Electric Scooters and New Jersey Law: What You Need to Know

November 21, 2023

Electric Scooters and New Jersey Law: What You Need to Know

In the dynamic world of urban transportation, electric scooters and bicycles have become increasingly popular, offering an eco-friendly and efficient way to traverse the bustling streets of New Jersey’s cities. However, with this rise in popularity, it’s crucial to stay informed about the evolving legal framework surrounding these modes of transportation, particularly in light of recent legislative changes in New Jersey.

This article aims to provide a detailed overview of the current laws and regulations in New Jersey as they pertain to electric scooters and bicycles, emphasizing the importance of understanding these laws for safe usage and in the event of an accident.

Understanding New Jersey’s Electric Scooter Laws

New Jersey has been progressive in terms of addressing the emergence of electric scooters on its roads. The laws and regulations have been formulated keeping in mind both safety concerns and the need to promote green transportation:

Age Restrictions

  • Minimum Age Requirement: In New Jersey, an individual must be at least 16 years old to legally operate an electric scooter. However, it’s important to note that many scooter sharing platforms and companies often set their own age restrictions, which can sometimes be as high as 18 years.

Helmet Use

  • Helmet Recommendations: While the state-wide law doesn’t mandate all riders to wear helmets when using electric scooters, it is highly recommended for safety reasons. Certain municipalities or cities might have stricter regulations, especially for minors. It’s always a good practice to check local regulations and always prioritize safety by wearing a helmet regardless.

Speed Limit

  • Maximum Speed: Electric scooters in New Jersey have a maximum speed cap of 19 mph. This regulation ensures that the scooters are used safely and don’t pose a high-speed risk on roads and pathways.

Riding and Operational Zones

  • Permitted Areas: Generally, electric scooters are permitted on roads, bike lanes, and certain paths where bicycles are allowed. Riding on sidewalks can be prohibited in specific areas, especially those with high pedestrian traffic or in densely populated urban zones. Local municipalities might have clearer demarcations of where scooters can and cannot be used.

Parking and Storage

  • Responsible Parking: Riders are encouraged to park their electric scooters responsibly. This means avoiding obstructions like pathways, entrances, and pedestrian zones. Certain cities may have designated parking zones or spots for electric scooters to ensure they don’t clutter public spaces or pose a hazard.

Equipment and Safety Features

  • Mandatory Equipment: To enhance visibility and safety, especially during nighttime or low-light conditions, New Jersey law mandates that electric scooters should come equipped with bells or horns and must have operational front and rear lights.

Insurance and Registration

  • Current Requirements: As of my last update in September 2021, New Jersey doesn’t require electric scooters to be insured or registered like traditional motor vehicles. However, it’s always recommended to stay updated with any changes in laws or regulations, as states often review and revise policies in response to emerging trends and safety data.

Legal Implications in Electric Scooter Accident Cases

Understanding the nuances of the law is crucial, especially when it comes to accidents involving vehicles like electric scooters. The framework of the legal system shapes every aspect of an accident case, from determining who’s at fault to deciding how much compensation victims may receive. Below, we delve into the key ways in which New Jersey law impacts electric scooter accident cases.

Determining Fault and Liability

  • Law Compliance: New Jersey laws governing electric scooters, like all other traffic laws, set clear parameters for how they should be operated. If an accident occurs and a rider is found violating any of these laws—say, speeding beyond the 19 mph cap or riding on prohibited areas like sidewalks—it can be deemed evidence of negligence. Such violations can shift or share the blame onto the scooter rider. Conversely, if another vehicle causes an accident with a scooter and the vehicle operator is found to be breaking any laws, that evidence can be used to establish their fault.

Impact on Compensation

  • Compensation Factors: The specifics of the law play a direct role in determining the amount and type of compensation victims might receive. For instance, if a scooter rider isn’t wearing a helmet and suffers head injuries, even though the state law doesn’t mandate helmet use for all, the defense could argue contributory negligence—claiming that the victim’s injuries might have been less severe had they taken proper precautions. Compensation can cover a wide array of costs, from medical bills and therapy costs to loss of wages, pain, and suffering.

Insurance Implications

  • No-Fault Insurance System: New Jersey operates under a no-fault insurance system. This means that after most vehicular accidents, injured parties will turn to their own personal injury protection (PIP) coverage for compensation, irrespective of who was at fault. However, as electric scooters might not always be covered under traditional auto or health insurance policies, understanding the law becomes pivotal in knowing where to claim and how much can be claimed.

Legal Defenses and Strategy

  • Case Strategy: A sound knowledge of the laws around electric scooters can help both victims and defendants frame their case strategies. Defendants can use any violations of the scooter laws by the victim as a defense to either reject or reduce their liability. Conversely, victims can use evidence of their adherence to laws and the violation of laws by the defendant to bolster their claim and seek maximum compensation.

Statute of Limitations

  • Claim Timeframe: The law dictates a specific timeframe within which accident victims must file their claims. In New Jersey, the statute of limitations for personal injury claims, including electric scooter accidents, is typically two years from the date of the accident. Missing this window can lead to the loss of the right to claim any compensation.

Contact an Experienced E-Scooter Accident Lawyer at Rudnick, Addonizio, Pappa & Casazza PC for a Free Consultation About Your Case Today

Electric scooters offer an innovative and environmentally friendly mode of transport, but like all vehicles, they come with their own set of risks. Being informed about the laws governing their use in New Jersey not only helps in safer operation but also ensures that riders are prepared in the unfortunate event of an accident.

If you or a loved one has been involved in an electric scooter accident in New Jersey, it’s imperative to seek legal counsel to navigate the complexities of the law and ensure you receive the compensation and justice you deserve.

Contact Rudnick, Addonizio, Pappa & Casazza PC today for expert legal advice and representation in all matters related to electric scooter accidents. Your safety and rights are our utmost priority.

“The attorney working on my personal injury case was knowledgable, courteous, and payed careful attention to every detail. He was sure to address any questions and concerns thoughtfully and respectfully. I have had an excellent experience interacting with the firm and I highly recommend the law firm of Rudnick, Addonizio, Pappa & Casazza to others.”

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