E-Scooter Accident Law: Liability, Alcohol and Current Changes
E-scooter keepers bear less liability than car drivers – for now. Proposed legislation aims to change that.
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069 / 999 99 33-10Book a consultationLegal status: May 2026. The legal situation regarding e-scooter liability may change at short notice due to ongoing legislation.
E-scooter accidents usually come to us with a mistaken assumption: people expect the rider or the sharing provider to be straightforwardly liable – and then discover the legal situation is considerably more complex. The reason lies in a statutory special rule that has exempted e-scooters from normal motor vehicle liability since they were licensed in 2019.
That special rule is currently under review.
The liability privilege: why e-scooters are treated differently
Anyone injured by a car benefits from a comparatively strong position: the keeper of the vehicle is strictly liable under § 7 StVG. With e-scooters, this is different.
E-scooters are classified as motor vehicles under road traffic law, but are exempt from strict liability under § 8 No. 1 StVG because they are limited to 20 km/h by design. In practice this means: anyone injured by an e-scooter must generally prove specific fault on the part of the rider or keeper – the mere fact that the accident occurred is not enough.
Current legislative status
The cabinet decision of 18 March 2026 has been passed. Parliamentary proceedings are ongoing – until a new regulation comes into force, existing law applies.
BMJV: Draft law on e-scooter liabilityThere is currently no statutory helmet requirement. Whether not wearing a helmet can be deemed contributory negligence in the event of a claim depends on the individual circumstances and has not been decided consistently in case law.
What this means in practice: recent court decisions
No automatic keeper liability
An e-scooter as a light electric vehicle falls under § 8 No. 1 StVG. The no-fault strict liability under §§ 7, 18 StVG does not apply. Damage claims – under current law – can therefore generally only be based on §§ 823 ff. BGB and require proof of fault.
AG Berlin-Mitte, Urt. v. 09.05.2023 – 151 C 60/22; ebenso LG Münster, Urt. v. 09.03.2020 – 8 O 272/19
Fallen e-scooter: burden of proof on the injured party
Where an e-scooter falls over, improper parking or other fault on the part of the person who parked it cannot automatically be assumed. A falling e-scooter can have numerous causes – including interference by third parties.
AG Berlin-Mitte; bestätigt durch OLG Bremen, Urt. v. 15.11.2023 – 1 U 115/23
Rental scooter: insurer cannot hide behind ignorance
The liability insurer of an e-scooter rental company cannot dispute the course of an accident by blanket assertion of ignorance if it has not first exhausted all available sources of information – for example by asking the rental company for the rider's data. The rental company itself is obliged to provide the injured party with the rider's details.
LG Berlin, Urt. v. 22.10.2024 – 22 S 6/23; in Anschluss an BGH, Urt. v. 23.07.2019 – VI ZR 337/18
The direct claim against the liability insurer follows from § 115 para. 1 VVG. Important: the rider's personal details, witness statements and photos should be secured at the scene of the accident.
Pavement riding and contributory negligence
The Light Electric Vehicles Regulation (eKFV) only permits e-scooters on cycle paths and the carriageway. Riding illegally on the pavement can have significant liability consequences:
When weighing mutual contributions to causation, the abstract operating risk of a motor vehicle may take second place to the grossly unlawful behaviour of an e-scooter rider who suddenly rides from the pavement onto the carriageway.
OLG Hamm, Urt. v. 08.03.2022 – 9 U 157/21
Alcohol and e-scooters
A frequently underestimated issue: e-scooters are subject to the same alcohol limits as motor vehicles. The fact that no car driving licence is required for an e-scooter makes no difference – anyone riding an e-scooter while intoxicated risks losing an existing driving licence.
Drunk riding on an e-scooter generally gives rise to the presumption of unfitness to drive motor vehicles within the meaning of § 69 para. 2 StGB. The type of vehicle used – e-scooter rather than car – does not, according to the prevailing view of higher courts, constitute an atypical exceptional case justifying departure from the standard consequence of licence withdrawal.
OLG Frankfurt am Main, Urt. v. 08.05.2023 – 1 Ss 276/22; OLG Braunschweig, Urt. v. 30.11.2023 – 1 ORs 33/23; BGH, Beschl. v. 13.04.2023 – 4 StR 439/22
Exceptions to licence withdrawal
Exceptions are possible, but subject to high requirements. The Regional Court of Osnabrück allowed an exception in one individual case because the person concerned was able to prove months of abstinence by medical report and additional mitigating circumstances were present (LG Osnabrück, Urt. v. 17.08.2023 – 5 NBs 59/23). This is not the norm.
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