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How Does Illinois Address DUI on an Electric Scooter?

Posted on in E-Scooter Injuries

Chicago e-scooter injury attorneysRideshare businesses are growing at an exponential rate in the United States, specifically in our major cities. Adding to the many forms of transportation in Chicago, electric scooters are currently in a test program. Suppose an individual had a couple of alcoholic beverages at a bar and is trying to go a couple blocks down the road. Although an e-scooter could provide a very quick form of transit, the individual might not be informed on the regulations related to operating these new devices after drinking.. If you have been the victim of an alcohol-related personal injury due to an e-scooter accident, the experienced lawyers at the Livas Law Group, A Division of Kralovec, Jambois & Schwartz, can educate, coach, and assist you in seeking damages.  

E-Scooters Are Motor Vehicles

According to the Illinois Vehicle Code (625 ILCS 5/1-146), a motor vehicle in Illinois is defined as any vehicle that is either self-propelled or is powered by electricity gathered from overhead trolley wires. Not included are vehicles on rails or vehicles moved only by human power. Furthermore, motor vehicles are divided into two divisions:

  • First Division: Motor vehicles that are intended to carry 10 or fewer people
  • Second Division: Motor vehicles designed to carry more than 10 people, pull freight items, used as a place of residence, or First Division vehicles remodeled for use of the second division

E-scooters would fall into the first division because they are classified as a low-speed electric mobility device that is powered by an electric motor, capable of accelerating to speeds of 15 mph without human assistance and are designed for only one person.

E-Scooter Laws and Regulations on Driving Under the Influence

The Chicago Department of Transportation requires that e-scooter users obey all of the local traffic laws, including alcohol limitations. Looking back at our previous scenario with an impaired individual seeking transportation from a bar, the results could be very serious if that motorist chose to operate an e-scooter. Under Illinois law, the concentration of alcohol in a person’s system cannot reach 0.08 or higher. Individuals may also be arrested if he or she is operating a motor vehicle with any alcohol in his or her system. The penalties for a conviction could include fines, community service, and imprisonment. If the person causes an accident in which someone else is injured, the guilty party could also be repsonsible for the repayment of damages as well as pain and suffering, dependent on the situation. 

Roughly a year ago in Los Angeles, the city’s first successful conviction of an impaired e-scooter operator was finalized. A hit-and-run charge while under the influence of alcohol led to the prosecution of the intoxicated driver. The result of the case was a court issued DUI program, probation, a fine, and restitution to the injured party.  

Contact an Illinois Personal Injury Lawyer

During the pilot test program of the e-scooter initiative in Chicago, the city is trying to implement as many safety guidelines as possible. In addition to subjecting e-scooter motorists to the same laws as car operators, e-scooters are not available past 10 PM, decreasing the likelihood of impaired individuals operating them. An e-scooter DUI accident can result in serious injuries and death to innocent bystanders; The Livas Law Group has secured substantial compensation for clients in similar situations. Unfamiliarity can make personal injury e-scooter claims seem complex, however, with the assistance of our experienced Chicago scooter injury attorneys, you can pursue the compensation you deserve for your injuries. Contact us today at 312-804-6102 for a free consultation. 

 

Sources:

https://www.usatoday.com/story/news/2018/09/27/los-angeles-secures-first-motorized-scooter-dui-conviction/1450040002/

https://www.chicago.gov/city/en/depts/cdot/supp_info/escooter-share-pilot-project.html

https://www.chicago.gov/content/dam/city/depts/cdot/Misc/EScooters/ChicagoScooterFlyer_forweb.pdf

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-146

https://www.chicago.gov/content/dam/city/depts/cdot/Misc/EScooters/EScootersPilotProgramTerms_06-07-19.pdf

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