Injured on an Electric Scooter in Israel? Understanding Your Legal Rights

Electric scooters have become a daily means of transportation for many Israelis due to traffic congestion and public transit limitations. However, alongside the convenience and speed comes a real risk, as evidenced by the high number of casualties arriving at hospital emergency rooms.

A road hazard, a pothole, a damaged sidewalk, or an encounter with a vehicle can turn a routine ride into an accident within seconds. Yet not every fall is merely an "accident" where the rider bears the consequences. In cases where the accident was caused by a road hazard, responsibility may lie with the body supposed to maintain the road or sidewalk.

The problem is that many riders do not know their rights after such an accident, what evidence might be critical later, and who should compensate them for the damage. For example, the Rishon LeZion Magistrate's Court recently ordered the Tel Aviv Municipality and the Mei Avivim company to compensate a young man who fell from a shared scooter due to a depression in the asphalt on Shoken Street with approximately one million shekels.

Legal Liability and Municipal Responsibility

According to Section 235 of the Municipalities Ordinance, a local authority is obligated to maintain its streets and ensure the removal of obstacles. However, liability for damage is not automatic. The courts clarify that streets are not a "sterile surface," and therefore minor cracks or level changes do not always constitute a hazard establishing a negligence claim.

"Imposing liability on the municipality depends on a combination of circumstances: the severity of the hazard, its location, the duration it existed, the municipality's ability to know about it and fix it, as well as the injured party's conduct."

Dangerousness is also assessed in relation to more vulnerable road users, such as bicyclists and electric scooter riders, for whom a minor flaw for a car can be very dangerous. Even then, negligence and a causal link to the damage must be proven.

Contributory Negligence and Compensation Reduction

Even when a road hazard imposes liability on the municipality, contractor, or infrastructure company, the court may reduce compensation if the rider's conduct contributed to the accident or aggravated the damage. On Shoken Street in Tel Aviv, an electric scooter rider who fell into an asphalt depression received 826,230 shekels after a 5% contributory negligence deduction.

In the Netanya Promenade, an electric bicycle rider who fell into a trench on the sidewalk received 381,117 shekels after a 40% deduction, partly because she rode in an area intended for pedestrians and did not notice an obvious hazard. The statute of limitations for a tort claim is generally seven years from the date of the accident. For a minor, the period does not count until age 18, so a claim can generally be filed until age 25.

Critical Steps Immediately After an Accident

If the medical condition allows, one must immediately photograph the pothole or depression from close and far away, including lighting conditions, exact location, and road signs. It is advisable to place a ruler or familiar object next to the hazard to illustrate its size.

One should record the date, time, and address, and collect names and phone numbers of witnesses. It is recommended to report to the municipal hotline and keep a reference number. When receiving medical treatment, it is important to provide and ensure an accurate record of the accident circumstances, and to keep all receipts and medical documents.