Hit on an E-Scooter While Riding Against Traffic in California: How Shared Fault Affects Your Claim

A man in his 20s was taken to the hospital in critical condition after an e-scooter and a car collided in Valencia on Saturday afternoon, The Signal reported on October 18, 2026. Citing a Santa Clarita Valley Sheriff’s Station spokesperson, the paper reported that the crash was reported at about 1:17 p.m. near Wiley Canyon Road and Avenida Cappela, and that deputies learned the rider was traveling southbound on Wiley Canyon Road against traffic when a car collided with him. Deputies closed the road in both directions while they investigated.

We hope the rider recovers. This guide does not judge what happened in that crash, and nothing here assigns fault to anyone. The investigation belongs to the sheriff’s station. But the report raises a question many riders ask: if you were riding the wrong way, or broke another traffic rule, can you still bring an injury claim?

In short: often, yes. California uses “pure” comparative fault. If a driver’s carelessness helped cause your injuries, your own share of fault generally reduces what you can recover rather than wiping out your claim. Riding against traffic can matter a great deal to how fault is divided, so evidence is critical.

If you were hurt on an e-scooter anywhere in California, Win Attorneys handles pedestrian and micromobility accidents statewide. Seek medical care first, even if you feel fine.

Talk to us at (562) 296-5380 or reach out through our contact page to discuss your situation. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

Why Santa Clarita Is Talking About E-Bikes and E-Scooters

The Signal noted that the crash comes amid ongoing discussion at Santa Clarita City Council meetings about e-bike and e-scooter incidents, with members of the public raising concerns about riders ignoring stop signs, riding on the wrong side of the road, and skipping helmet and age rules. According to the paper, the City Manager said the topic of e-bikes is expected to return on the agenda for the council’s next meeting, scheduled for October 27, 2026. We could not find a posted agenda for that meeting as of October 19, so the details of any proposal are not yet clear.

Whatever the city decides, state law already sets many of the rules for motorized scooters.

What California Law Says About Riding an E-Scooter

California’s Vehicle Code treats a “motorized scooter” as a two-wheeled device with handlebars and a floorboard, or a seat and footrests, powered by an electric motor (section 407.5). Key rules for riders include:

Driver rules apply. Section 21221 gives a scooter operator on a highway all the rights, and subjects the operator to the provisions, that apply to a driver, except those that by their nature cannot apply.
Ride on the right. Section 21650 requires vehicles to be driven on the right half of the roadway, with listed exceptions. Section 21228 requires a scooter rider moving slower than traffic to ride as close as practicable to the right-hand curb or edge, with exceptions such as passing, avoiding hazards, or a substandard width lane.
Use the bike lane where there is one. Section 21229 generally requires scooter riders to use a Class II bicycle lane when the roadway has one.
Speed. Section 22411 caps motorized scooter speed at 15 miles per hour.
Section 21235 rules. A scooter operator may not ride without a working brake; ride on a highway with a speed limit over 25 miles per hour unless in a Class II or Class IV bikeway (local authorities may allow up to 35); ride without a properly fitted and fastened bicycle helmet if under 18; ride without a valid driver’s license or instruction permit; carry a passenger; ride on the sidewalk except to enter or leave adjacent property; or leave a scooter blocking a sidewalk.

You may see section 21650.1 cited in discussions of wrong-way riding. That section requires a bicycle on a roadway or shoulder to be operated in the same direction as vehicles. For motorized scooters, the right-side rule comes through sections 21221, 21650, and 21228.

How Pure Comparative Fault Works

In Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, the California Supreme Court replaced the old all-or-nothing rule of contributory negligence with comparative negligence in its “pure” form. Under that rule, responsibility is divided in proportion to fault, even if the injured person was as much at fault as, or more at fault than, the other party.

California’s jury instruction on this point, CACI No. 405, tells jurors that a defendant who claims the plaintiff’s own negligence contributed to the harm must prove two things: that the plaintiff was negligent, and that the plaintiff’s negligence was a substantial factor in causing the harm. If the defendant proves both, the plaintiff’s damages are reduced by the plaintiff’s percentage of responsibility.

A simple illustration: if a jury found total damages of $100,000 and assigned the rider 40 percent of the responsibility, the rider’s recovery would be reduced by 40 percent. The numbers are hypothetical. Real cases depend on evidence, and percentages are often hard fought.

When a Traffic Violation Is Part of the Picture

A rider who broke a traffic law is not automatically barred from recovery, but the violation can carry weight. Evidence Code section 669 creates a presumption of a failure to use due care when a person violates a statute, the violation proximately causes injury, the injury is the kind the law was meant to prevent, and the injured person is in the class the law protects. The presumption can be rebutted.

The same rules work in both directions. Drivers also have duties: to keep a lookout, to control speed, to yield when required, and to use ordinary care under Civil Code section 1714. A driver who was speeding, distracted, or turning without looking may bear a share of the fault even when the rider was in the wrong position. Whether the rider’s position actually caused the crash, or whether the driver could and should have avoided it, is a factual question.

Evidence That Matters in a Wrong-Way Scooter Crash

Because fault is often contested, evidence gathered early can shape the outcome:

Scene photos and video. Photos of the intersection, lane markings, bike lanes, signs, sight lines, and where the vehicles came to rest.
Nearby cameras. Doorbell, business, and traffic cameras often overwrite footage within days. Ask quickly.
Witnesses. Names and phone numbers of anyone who saw the crash.
The sheriff’s or police report. Get the report number and request a copy when it becomes available. The report is important, but it is not the final word on civil fault.
The scooter itself. Keep the scooter and helmet as they are. Damage patterns can help experts reconstruct speed and direction.
App and device data. Shared scooters and some personal scooters record trip data. Save screenshots and request records.
Medical records. A full record of injuries, from the first visit forward, links the crash to the harm.

Insurance: Who Pays the Bills

E-scooter crashes raise coverage questions that ordinary car crashes do not:

The driver’s liability insurance is usually the first source if the driver shares fault, but it may be reduced by the rider’s share.
Uninsured and underinsured motorist coverage. If the driver has no insurance, too little insurance, or fled, your own auto policy’s UM and UIM coverage, or a household family member’s policy, may apply depending on its terms. Our guide to an e-scooter hit-and-run and uninsured motorist coverage in South LA explains this in more depth.
MedPay. Medical payments coverage on an auto policy may help with early medical bills regardless of fault, if the policy covers you while riding a scooter. Many policies define coverage narrowly, so read yours.
Health insurance. Use it for treatment if you have it. Your plan may later seek reimbursement from a recovery.
A warning for scooter owners. Vehicle Code section 407.5 requires manufacturers to warn buyers that existing insurance policies may not cover scooter accidents. Check your policies before you need them.

The Deadline

The general deadline to file a personal injury lawsuit in California is two years from the injury under Code of Civil Procedure section 335.1. Shorter deadlines can apply, for example when a claim involves a public entity and a road condition. Do not wait until the deadline is close, because evidence fades fast.

Steps to Take After an E-Scooter Crash

Seek medical care right away, even for injuries that seem minor.
Call 911 and make sure a report is taken.
Photograph the scene, the vehicles, and your injuries if you safely can.
Collect witness contacts and look for cameras.
Keep the scooter, helmet, and clothing as they are.
Notify your insurer, and avoid giving a recorded statement to the other driver’s insurer before getting advice.
Do not post about the crash on social media.

For riders on pedal-assist bikes, our e-bike accidents page covers related rules.

How Win Attorneys Can Help

Shared fault cases reward careful work: securing video before it is erased, consulting reconstruction experts, and presenting the driver’s duties alongside the rider’s. We can review your situation, explain how comparative fault may apply, and help you organize records and insurance claims. Our team speaks Spanish and Vietnamese.

E-Scooter Shared Fault FAQs

Can I still recover if I was riding my e-scooter against traffic when I was hit?

Often, yes. California uses pure comparative fault under Li v. Yellow Cab Co. (1975). If the driver was also negligent, your share of fault generally reduces your recovery rather than barring it. The facts decide how fault is divided.

How is shared fault calculated in California?

A jury, or the parties in settlement, assigns each person a percentage of responsibility. Under CACI No. 405, the plaintiff’s damages are reduced by the plaintiff’s percentage once the defendant proves the plaintiff was negligent and that negligence was a substantial factor.

Does California law require e-scooter riders to ride with traffic?

Yes, in general. Vehicle Code section 21221 applies driver rules to scooter operators, section 21650 requires driving on the right half of the road with exceptions, and section 21228 requires slower scooter riders to stay near the right edge.

Do e-scooter riders in California need a helmet?

Vehicle Code section 21235 requires a properly fitted and fastened bicycle helmet for motorized scooter operators under 18. The same section requires a valid driver’s license or instruction permit to ride.

Does breaking a traffic law mean I lose my case?

Not automatically. Evidence Code section 669 can create a rebuttable presumption of negligence from a statute violation, but the driver’s conduct still counts. Fault can be shared, and the violation must have helped cause the injury to matter.

Will my insurance cover an e-scooter crash?

It depends on your policies. UM, UIM, and MedPay coverage on an auto policy may help, depending on how the policy defines covered persons and vehicles. Vehicle Code section 407.5 requires sellers to warn that existing policies may not cover scooters.

How long do I have to file an e-scooter injury lawsuit?

Generally two years from the injury under Code of Civil Procedure section 335.1. Claims involving a public entity have much shorter notice deadlines, so act quickly.

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Crash details are attributed to The Signal’s October 18, 2026 report citing the Santa Clarita Valley Sheriff’s Station. No fault is assigned to anyone involved, and the investigation is the sheriff’s. Outcomes depend on the facts of each matter. Seek medical care for injuries. Consult a licensed California attorney about your situation.