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Colorado Scooter Accident Lawyers

We represent injured electric scooter riders across every Colorado county. You pay nothing unless we win your case.

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Electric scooters have spread across Denver and Boulder, but the rules that govern them are split between state law and city ordinances. That confusion is exactly what insurers use to deny scooter injury claims.

  • Colorado classifies electric scooters as low-power scooters (C.R.S. 42-1-102): two or three wheels, a motor under 2,000 watts, and a top speed of 20 mph. They are treated as vehicles, so riders must carry a valid driver's license or instruction permit.
  • State law allows sidewalk riding at 6 mph or less, but Denver and Boulder ordinances ban it outright in many zones. An adjuster will use a local ordinance to try to pin 100 percent of the fault on you.
  • Colorado uses modified comparative fault (C.R.S. 13-21-111). You can still recover damages even if you were partly at fault, as long as you were less than 50 percent responsible for the crash.

CGH Injury Lawyers represents injured scooter riders across every county in Colorado. We sort out the conflict between state statute and municipal rules, hold at-fault drivers and rental companies accountable, and find every source of coverage. Free first consultation, and no fee unless we win.

Colorado law

How Colorado classifies electric scooters

Under House Bill 19-1221, Colorado created a formal category for what it calls low-power scooters (C.R.S. 42-1-102). That classification controls which traffic laws apply to you and which insurance arguments an adjuster will make.

What makes a low-power scooter

  • Two or three wheels.
  • An electric motor under 2,000 watts.
  • A maximum speed of 20 mph on a paved, level surface.
  • Treated as a vehicle, so most rules that apply to bicyclists and motorists also apply to you.

What the classification requires of riders

  • A valid driver's license or instruction permit, unlike a bicycle.
  • Riders under 18 must wear protective headgear at all times.
  • DUI, reckless operation, and comparative fault rules all apply.
  • Obey every traffic control device, the same as any vehicle.

Why the classification matters in a claim

Insurance companies frequently use the vehicle classification to argue that a standard auto policy does not cover a scooter accident. That creates a coverage gap that can leave an injured rider chasing the at-fault driver's limited insurance, or none at all. We push back on that argument and look for every policy that may respond, including the rider's own auto and umbrella coverage.

State vs. city

The home rule conflict: state law versus city ordinances

Colorado's constitution lets home rule cities pass local ordinances that supersede state law inside their boundaries. For scooter riders, that means the rules can change the moment you cross a city line.

What state law allows

State law (C.R.S. 42-4-1412) permits low-power scooter operation on sidewalks at a speed not exceeding 6 mph. In Aurora and unincorporated areas, that low-speed sidewalk riding is legal.

What Denver and Boulder ban

Denver, Boulder, and other cities have enacted ordinances that contradict the state provision. In Denver, that same low-speed sidewalk riding becomes a citable offense, heavily enforced on the 16th Street Mall, in LoDo, and in RiNo.

Why it matters after a crash

Adjusters argue a rider was breaking the law by riding on a sidewalk in Denver, then try to assign 100 percent fault. Under comparative negligence, you can still recover substantial compensation if another party's negligence caused the crash.

Enforcement is real. Denver has increased scooter enforcement since 2024, especially in tourist-heavy areas, with citations that typically range from $50 to $150 for sidewalk riding. More seriously, riding in a posted dismount zone can establish contributory negligence in an accident case, which an insurer will use to cut your recovery even when another party caused the crash.

Do not rely on the app to tell you where it is legal to ride. Lime, Bird, and Spin use GPS geofencing to slow or disable scooters in some zones, but those digital boundaries do not always match the legal ones. A scooter may run at full speed on a sidewalk where the city ordinance bans riding entirely.

Rules of the road

Where you can ride, and the equipment Colorado requires

C.R.S. 42-4-1412 sets the baseline operational rules for low-power scooters. Cities may add restrictions, but these statewide rules apply everywhere.

  1. Roadways, bike lanes, and sidewalks

    State law permits scooter operation on roadways, bike lanes, and sidewalks at reduced speed. When a bike lane or shoulder is available, use it rather than the travel lane. On sidewalks the speed limit drops to 6 mph and you must yield to pedestrians.

  2. Obey all traffic control devices

    Scooter operators must obey stop signs, traffic lights, and yield signs. You have the same rights and duties as a bicyclist, including the right to occupy a full lane when safety requires it.

  3. Prohibited areas

    State law prohibits scooter operation on interstate highways and limited-access roadways. Individual cities may designate additional dismount zones and prohibited areas, especially in dense downtown corridors.

  4. Required lighting and helmets

    Colorado requires lighting for night riding under C.R.S. 42-4-1412. Most rentals come equipped, but a personal scooter may need to be retrofitted. Helmets are mandatory for riders under 18 and strongly recommended for adults.

The helmet liability question

Adults are not legally required to wear a helmet, but that is not the end of the story. Insurers aggressively argue that a rider's failure to wear one added to the injuries. Under Colorado's comparative negligence system, that argument can reduce your compensation even when the other party clearly caused the crash. We answer it with medical evidence showing what a helmet would, and would not, have prevented.

Battery safety matters too. If you own a personal scooter, confirm the battery meets the UL 2272 standard. Non-certified batteries have caused fires during charging. Rental companies such as Lime and Bird use certified batteries, but budget personal models often do not.

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Liability and compensation

Who pays after a scooter crash, and what you can recover

Electric scooter accidents raise complex liability questions. More than one party can be responsible, and Colorado's comparative negligence rule decides how recovery is divided.

Comparative negligence in Colorado

Colorado follows a modified comparative negligence rule (C.R.S. 13-21-111). You can recover damages even if you were partly at fault, as long as your fault is less than 50 percent. Your compensation is reduced by your percentage of fault. For example, if a driver turns right without signaling and strikes you in a Denver bike lane, and a jury finds the driver 80 percent at fault and you 20 percent for not wearing a helmet, a $100,000 loss recovers $80,000.

The at-fault driver

The most common scenario is a motor vehicle striking a scooter rider, often a right-hook turn, a failure to yield, or a driver who never saw the scooter. The driver's liability insurer is usually the first source of recovery.

The scooter company

A rental company may be liable for a defective scooter: brake failure, faulty acceleration, or poor maintenance. These cases often involve dense liability waivers, and we know how to hold rental companies accountable despite them.

The municipality

A city can be liable for dangerous road conditions such as potholes or hazards in a designated scooter zone. Government claims follow strict, much shorter notice rules, so these cases need fast action.

Insurance coverage gaps and your own UM/UIM

Most auto policies exclude scooter accidents, arguing a scooter is not a motor vehicle under the policy. Rental companies carry liability insurance, but the limits may be too low for a serious injury. Many riders learn too late that they are relying on an at-fault driver's minimal or nonexistent coverage. Your own uninsured and underinsured motorist (UM/UIM) coverage may apply in a hit-and-run or low-limits crash, and we identify every available source to reach a full recovery.

Because scooters are classified as vehicles, you can also be charged with DUI for riding while impaired (C.R.S. 42-4-1301). The 0.08 percent blood alcohol limit and the penalties are the same as for a car.

After the crash

What to do after a scooter accident in Colorado

The steps you take right after a crash shape your ability to recover. Evidence disappears fast with scooter cases, so act quickly and protect the record.

  1. Call 911

    Request police response even for a crash that seems minor. A police report creates an official record and a preliminary fault determination. Without one, an insurer may claim the accident never happened.

  2. Document everything and screenshot the app

    Photograph your injuries, the scooter, the scene, and any road hazards. On a rental, immediately screenshot your ride history and the scooter ID. Companies often lock riders out of their accounts after a crash, making that data impossible to retrieve later.

  3. Preserve the scooter and its defects

    If you can, photograph the scooter's condition and any visible defects such as damaged brakes, worn tires, or a cracked deck. Note the scooter ID number on the deck or handlebars.

  4. Do not admit fault or give a recorded statement

    Even saying you are sorry can be read as an admission. Give police only the facts. Politely decline a recorded statement to an adjuster, and do not accept a quick lowball settlement before you know the full extent of your injuries.

  5. Call CGH Injury Lawyers

    Security footage near a crash is often deleted within 7 to 30 days, and scooter companies perform maintenance that can destroy evidence of a defect. We send preservation letters and begin investigating right away. No fee unless we win.

Your team

The team handling your case

CGH Injury Lawyers is a eight-attorney Colorado firm founded in 2016, formerly Cheney Galluzzi & Howard. We protect the rights of vulnerable road users across Colorado. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Every case is handled by a licensed Colorado attorney, not a paralegal.

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Frequently asked questions

Frequently asked questions about Colorado scooter accident claims

Can I still recover if I was not wearing a helmet?

Yes. Not wearing a helmet does not automatically bar your claim. Colorado requires helmets only for riders under 18. An insurer may argue that going without one added to your injuries, which can reduce recovery under the comparative negligence rule, but the primary question is who was negligent in causing the crash. We work to keep the focus on the at-fault party's responsibility.

Can I recover compensation if I was partly at fault?

Yes. Colorado follows a modified comparative negligence rule (C.R.S. 13-21-111). You can recover as long as your share of fault is less than 50 percent, and your award is reduced by your percentage of fault. Never admit fault at the scene. We work to minimize your assigned percentage and maximize your recovery, even in complex liability situations.

Can I sue the scooter rental company for a defect?

Potentially, yes. If a mechanical problem such as brake failure or faulty acceleration caused your crash, the scooter company may be liable. These cases often involve complex liability waivers, so it helps to have an attorney who understands how to hold rental companies accountable. We have experience investigating defective scooter claims and pursuing companies that failed to maintain safe equipment.

Is it legal to ride an electric scooter on the sidewalk in Denver?

No. While Colorado state law permits sidewalk riding at 6 mph or less, Denver municipal ordinance prohibits all sidewalk riding except when parking the scooter. Riders must use bike lanes or roadways. A violation can result in a citation that typically ranges from $50 to $150.

Do I need a driver's license to ride an electric scooter in Colorado?

Yes. Colorado law (C.R.S. 42-1-102) requires all electric scooter operators to hold a valid driver's license or instruction permit. This applies to both rental and personal scooters, and it is a key difference from bicycles, which require no license.

How long do I have to file a scooter accident claim in Colorado?

For a scooter crash caused by a motor vehicle, Colorado gives you three years from the date of the accident to file a lawsuit (C.R.S. 13-80-101(1)(n)). Other claims -- such as against a product manufacturer or a city for a road hazard -- carry shorter deadlines: two years for most general injury claims (C.R.S. 13-80-102) and two years for product liability (C.R.S. 13-80-106). Claims against a government entity also require a separate written notice within 182 days of discovering the injury (see below). Contact an attorney early to confirm your exact deadline. Missing these deadlines can permanently bar your claim, no matter how severe your injuries.

Can you get a DUI while riding an electric scooter in Colorado?

Yes. Because electric scooters are classified as vehicles under Colorado law, operating one while impaired by alcohol or drugs is a DUI (C.R.S. 42-4-1301). The penalties match a motor vehicle DUI, including license suspension, fines, and potential jail time.

Should I accept the insurance company's first settlement offer?

Usually not. Early offers are low and designed to close your case quickly, often before you know the full extent of your injuries. Some serious injuries, such as a traumatic brain injury, may not show symptoms for days or weeks. Speak with a scooter accident attorney before accepting any offer so you receive fair compensation for medical bills, lost wages, and long-term impact.

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