Electric scooters have become a fixture on Denver’s streets. Whether tourists want a quick sightseeing trip or locals are riding to work, these devices promise an easy, eco-friendly solution to urban traffic. But they come with serious risks, especially when the city’s roads are filled with pothole hazards.
Hitting a pothole at speed can throw a rider off an e-scooter in an instant. Without helmets, riders often land face-first on unforgiving asphalt. The result? Facial fractures that require surgery, cause permanent scarring, and lead to massive medical bills.
As shared e-scooter programs grow across America, these crashes are no longer rare. Cities everywhere face questions about liability, street maintenance, and public safety. Riders who suffer injuries ask: Who is responsible for paying for the damage? Is it the city with its poorly maintained streets? The scooter company that rents vehicles by the minute? Or the rider themselves?
This in-depth look explains how Denver e-scooter pothole injuries can lead to personal injury claims, the legal rules that decide who pays, and how victims can hold the responsible party liable for life-altering harm like facial fractures.
The Growing Popularity of E-Scooters in Denver
Since the launch of shared micromobility services in the late 2010s, e-scooters and e-bikes have spread across Denver. Dozens of companies now offer rentals through apps that make it easy to unlock a ride in seconds.
People use these scooters to commute to work, enjoy leisure rides, or skip rideshare fees. Videos online often show them zipping down bike lanes or crowded sidewalks, sometimes without helmets, which increases the risk of serious injuries in any crash.
How Potholes Cause Serious Injuries
Denver’s streets see harsh winters, snowplows, and heavy traffic—all contributing to pothole formation. Despite city efforts, many roads remain pitted with cracks and holes.
Hitting a pothole on an e-scooter is much more dangerous than in a car. The small wheels can’t absorb the impact. When the front wheel strikes a deep hole:
- The scooter stops suddenly.
- The rider’s momentum throws them forward.
- Without helmets, the head and face are completely unprotected.
These crashes often result in facial fractures like broken noses, cheekbones, jaws, or orbital bones around the eyes. Such injuries can cause disfigurement, chronic pain, breathing problems, or the need for reconstructive surgery.
Typical Accident Scenario
Here’s a common story: It’s a warm evening in Sept, and a group of friends unlocks shared e-scooters downtown. One rider heads down a side street lit only by old streetlamps. A deep pothole is invisible in the shadows.
The front wheel hits it hard. The rider is thrown forward, smashing face-first onto the pavement. Without a helmet, the impact breaks their nose and cheekbone. Friends record the aftermath on video, posting a caption online like:
“He hit a giant pothole and broke his face!”
It’s not just a social media moment. It’s a medical emergency—and a potential legal case.
Common Types of Injuries from E-Scooter Pothole Accidents
Facial fractures are among the most severe injuries from these crashes. But victims often suffer additional harm, including:
- Lacerations and road rash.
- Dental injuries (broken teeth, jaw dislocation).
- Head injuries (traumatic brain injuries) or concussions.
- Fractured wrists or arms from bracing against a fall.
- Knee and ankle injuries.
Helmets can reduce head trauma but do little to prevent facial fractures when the impact is direct.
The Cost of Facial Fractures
Treatment for facial fractures is expensive and invasive. Victims may need:
- Imaging scans (CT or X-ray) to assess the damage.
- Reconstructive surgery or wiring of the jaw.
- Dental surgery for broken teeth.
- Follow-up visits with specialists.
- Physical therapy to restore function.
- Scar treatment or revision procedures.
Beyond physical pain, many riders suffer emotional trauma from visible scarring or disfigurement, anxiety about riding again, or lost confidence in public.
Who Might Be Liable for These Injuries?
One of the main questions that pops up is who is liable in an e-bike accident? So who pays when a rider is injured this way? Under Colorado law, multiple parties might share responsibility:
1. The City or Municipality
Cities have a duty to keep public streets reasonably safe. Failing to repair known pothole hazards can make them liable for resulting injuries.
To hold Denver accountable, victims must show:
- The pothole was dangerous.
- The city knew about it (or should have).
- The city failed to fix it in a reasonable time.
- That failure caused the injuries.
But claims against government agencies have strict notice requirements. Under Colorado’s Governmental Immunity Act, victims must file notice within 182 days of the incident. Failing to meet that deadline can bar recovery completely.
2. The Scooter Company
Shared e-scooters are provided by private companies that profit from rentals. They can be held responsible if:
- The scooter itself was defective (e.g., brake failure, wheel defect).
- The app failed to warn riders about hazards.
- The company directed riders onto dangerous routes.
Product defects, design flaws, or failure to maintain fleets can create liability for companies that put profits ahead of safety.
3. The Rider
Colorado applies modified comparative fault rules. If a rider contributed to the crash—by riding recklessly, ignoring warnings, or failing to wear helmets—their compensation can be reduced proportionally.
If the rider is found more than 50% at fault, they may recover nothing. It means that even with a strong case, defense lawyers will scrutinize rider behavior.
Legal Theories Supporting Claims
Victims of e-scooter pothole accidents can use multiple legal theories in a case:
- Negligence: Proving the city, company, or other responsible party failed to exercise reasonable care.
- Premises liability: Holding property owners accountable if crashes occur on private roads or lots.
- Product liability: Suing over defective scooters or bikes.
- Failure to warn: Arguing companies didn’t inform riders about pothole risks or safe operation.
Each theory requires evidence, from maintenance records to the rider’s video of the crash.
Damages Available in a Personal Injury Claim
If successful, a victim may recover for:
- Medical expenses (past and future).
- Surgery costs and physical therapy.
- Dental repair.
- Pain and suffering.
- Emotional trauma.
- Lost wages or earning capacity.
- Property damage (e.g., broken phone or glasses).
Such personal injury claims aim to make the victim whole after life-changing injuries.
Proving Your Case: Evidence Matters
Winning a personal injury claim depends on solid evidence. Victims should:
- Seek immediate medical treatment.
- Get detailed medical records showing injuries like facial fractures.
- Photograph the pothole and the surrounding street.
- Record the damaged e-scooter.
- Preserve clothing or gear from the crash.
- Collect witness statements or video footage.
These steps strengthen your case and show the severity of harm.
The Role of Helmets
Though not always legally required, helmets dramatically reduce head injury severity. However, they may not prevent facial fractures in high-impact falls.
Companies may argue that riders who skipped helmets share fault. But even with helmets, riders can still suffer serious facial damage when hitting a pothole and being thrown forward.
Filing a Claim Against the City
If the pothole was on a public street, injured people must:
- File a notice of claim within 182 days.
- Include details about the crash, injuries, and damages.
- Wait for the city’s response.
If denied, victims can file suit in court. These rules are strict. Missing deadlines can mean losing all rights to compensation.
Filing a Claim Against a Scooter Company
When the scooter itself contributed to the crash—due to poor brakes, worn tires, or faulty design—a product liability or negligence claim may apply. Victims must show:
- The scooter had a defect.
- The company failed to maintain or inspect it.
- That failure caused the crash and injuries.
Shared fleet operators have a duty to keep their equipment safe. Failing to do so can make them pay for facial fractures and other injuries.
The Rider’s Responsibilities
Colorado law also expects riders to:
- Follow traffic rules.
- Use helmets if recommended.
- Ride cautiously in known hazard areas.
A rider who ignores safety rules may see their recovery reduced. But they are not automatically barred from compensation if another party was negligent.
The Importance of Legal Help
Pursuing these cases can be difficult. Liability is often disputed. Cities invoke immunity defenses. Companies deny fault or blame riders.
That’s why it’s essential to work with a qualified attorney. They can:
- Investigate the crash.
- Identify every responsible party.
- Preserve evidence.
- File notices on time.
- Build a compelling case.
- Seek fair compensation for medical bills, lost work, and emotional trauma.
Contact Bourassa Law Group Today
If you or a loved one suffered facial fractures or other injuries after hitting a pothole on a Denver e scooter, contact Bourassa Law Group today. Our team can review your case, explain your legal options, help you recover medical costs and lost wages, and fight to hold every responsible party liable. Don’t let a dangerous street or defective scooter leave you paying the price.
Reach out for a free consultation and protect your rights today.
1-800-870-8910