Supreme Court of New Jersey Holds that a Low-Speed Electric Scooter Does Not Qualify Its User as a “Pedestrian” for the Purposes of the No-Fault Law

Commercial trucking and transportation companies are often required to pay for medical and lost wage benefits pursuant to state no-fault laws, even when they are arguably not at fault for an incident due to specific definitions in state no-fault statutes. The plaintiff in this matter was aboard a standard electric scooter with “two wheels connected by a floorboard, as well as handlebars, a headlight, brake light, and speedometer.” The key issue in this matter was clearly the court’s analysis of the rechargeable electric motor. The court ultimately held that, since the scooter itself was a “vehicle propelled by other than muscular power,” it met the low-speed scooter definition and rejected the argument that the scooter could be likened to a bicycle. The court further noted that the text of the Act and the legislative history suggested that electric scooter riders should not be considered pedestrians for the purposes of no-fault benefits and affirmed the rulings rejecting the plaintiff’s petition.