Learn about liability, compensation, and legal protection – updated to 2025.
Electric scooters have become a popular form of urban mobility, but their use carries significant risks. These stem mainly from sharing roads with larger vehicles that often fail to see them, rider inexperience, and roads that are ill-suited for such lightweight means of transport.
When a fatal e-scooter accident occurs, families are often left confused and overwhelmed: Who is liable? What does the law say? Who is entitled to compensation?
Here's what you need to know to take action and seek justice.
E-scooter regulations
Electric scooters are considered a legitimate form of transport and are therefore subject to the Italian Highway Code.
Under Legislative Decree 184/2023, which implements EU Directive 2021/2118 on motor insurance (RC Auto), e-scooter insurance coverage is now required.
However, the implementing decree has not yet been issued.
In the meantime, major insurance providers have already adapted and offer dedicated policies.
Sharing schemes remain available in many Italian cities, though subject to stricter rules, especially concerning parking and location-based deployment.
Legal requirements for e-scooter use (2025)
- Speed limit: 20 km/h on carriageways (previously 25 km/h), and 6 km/h in pedestrian areas.
- Use allowed only on urban roads.
- Indicators and brakes on both wheels are mandatory.
- Maximum power output: 500W.
- Carrying passengers or objects is strictly prohibited.
- Reflective vests must be worn in low visibility conditions.
- White or yellow front lights, red rear lights and red reflectors are compulsory when riding from 30 minutes after sunset or in low-visibility daytime conditions. If not equipped, the scooter must be pushed by hand.
- Minimum age to ride: 14 years.
- Helmets mandatory for all the riders.
Who is liable in a fatal e-scooter accident?
E-scooter users face significant dangers, especially on busy or poorly lit roads.
In the event of a fatality, it is essential to determine exactly how the incident occurred to establish liability and pursue justice.
Depending on the circumstances, responsibility may lie with:
- Another vehicle driver (car, bus, motorbike): if traffic rules were violated.
- The scooter-sharing company: if the scooter was faulty (e.g. brakes, lights).
- The local authority or road owner: if the accident resulted from road defects or missing signage.
It is crucial, even though painful, to understand what or who caused the accident.
Let's look at some common scenarios:
Private e-scooter vs other vehicle
- Police and technical experts reconstruct the dynamics.
- The other vehicle's driver is liable if they broke traffic laws.
- Possible shared liability (contributory negligence).
Shared e-scooter vs other vehicle
- Incident reconstruction by police and experts.
- Driver of the other vehicle may be liable, depending on violations.
- Possible contributory negligence.
- The rental company may be held accountable for maintenance issues (brakes, lights, battery).
- The operator may be strictly liable for malfunctioning equipment.
Road defects
- Potholes, missing or dangerous signage, uneven pavements.
- Compensation may be claimed from the municipality or road authority.
If the person responsible violated the Highway Code (e.g. distracted driving, speeding), they may be prosecuted for road homicide under Article 589-bis of the Italian Penal Code.
Generally, in the event of a fatal e-scooter accident, the insurer of the person at fault is required to pay damages, both material and non-material, to the family of the deceased.
However, in exceptional cases:
- The at-fault party is uninsured: they must pay out of pocket.
- The cause was a road defect: the responsible road authority must pay compensation.
What compensation can the family claim?
Family members are entitled to compensation for both emotional and financial loss following a fatal e-scooter accident.
This includes:
- Emotional damages: for the loss of a loved one (so-called "parental damages").
- Financial damages: such as loss of income and funeral expenses.
- Terminal biological damages: if the victim survived briefly after the accident.
- Compensation as part of a criminal trial: if the family acts as a civil party against the responsible party.
- INAIL compensation: if the e-scooter was used for work purposes.
If the deceased was an employee and the accident occurred while commuting, INAIL (the Italian workers' compensation authority) provides a survivor's pension to the spouse, children, and—in their absence—parents, siblings.
INAIL also pays a one-off tax-free lump sum in case of death.
Compensation amount
The amount awarded for a fatal accident in Italy is calculated based on a point system that considers:
- The victim's age.
- The closeness of the relationship and whether the claimant lived with the deceased.
What to do after a fatal e-scooter accident
The same steps apply as in any fatal road accident in Italy:
- Report the incident to the authorities (Police or Carabinieri).
- Collect evidence: take photos of the scene and vehicles.
- Obtain the official report.
- Check for witnesses or camera footage (surveillance, dashcams).
- Gather medical documentation.
- Contact a law firm.
- Initiate any applicable INAIL or insurance procedures.
How Boccadutri law firm can help
Boccadutri Law Firm supports families across Italy with:
- Civil and criminal proceedings.
- Assistance with technical investigations.
- Legal advice for foreign nationals.
- Help navigating trauma and legal timelines.
If you have lost a loved one in an electric scooter accident, do not face this ordeal alone.
FAQ – Fatal e-scooter accidents
Who is liable if an e-scooter is hit at a pedestrian crossing?
The driver of the motor vehicle—unless they can prove otherwise.
Is compensation available even if the victim caused the accident?
Yes. In cases of shared fault, compensation is reduced but not denied.
Are shared e-scooters covered by insurance?
Yes. Insurance is typically included in the rental fee. Companies offering shared mobility services are required to carry public liability insurance to cover third-party damages.
Can the family claim compensation if the victim was unemployed?
Yes. Emotional damages (parental damages) are unrelated to the victim's employment status.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
