On any given day in any part of the GTA, you’ll see people zipping around on all types of electric scooters and e-bikes. It could be parents on e-bikes, Oakville teens on motorized scooters rushing to practice, DoorDash or Uber Eats couriers threading traffic, or people on the weekend around Harbourfront. Micromobility isn’t a fad; it’s a shift. But when an e-bike or e-scooter is involved in a crash, the big question is who’s liable for damages?
This guide explains how liability works in Toronto and across Ontario, outlines the current rules, and provides guidance on what to do after a collision – whether you were riding an e-scooter or e-bike, walking, or driving.
First Things First: What’s Legal in Toronto Right Now?
Toronto E-Bike Law
E-scooters (standing kick-style) are illegal to ride in Toronto on public roads, sidewalks, bike lanes, and multi-use trails. City Council chose not to opt into Ontario’s e-scooter pilot in May 2024, and the City’s micromobility strategy keeps the prohibition in place. Toronto Police continue to run education and enforcement blitzes focusing on micromobility rules.
E-bikes are legal in Toronto, with conditions. Ontario defines power-assisted bicycles as having pedals, a motor with a maximum power output of 500W, and assistance limited to 32 km/h; riders must be at least 16 years old and wear a helmet. The city of Toronto mirrors these limits and clarifies that e-bikes can ride on roadways, painted bike lanes, separated cycle tracks, and some multi-use trails, and are not allowed on sidewalks.
Ontario Electric Scooter Laws
Outside Toronto, rules vary depending on jurisdiction. For example, in many cities surrounding Toronto, scooter rentals from companies like Bird and Lime can be found on various street corners. Ontario’s provincial pilot for e-scooters lets municipalities opt in; where allowed, the devices are capped at 24 km/h, ≤45 kg, ≤500W, with age and helmet requirements. Toronto opted out, but nearby cities like Hamilton opted in on specified routes. If you cross municipal boundaries, the legal status can change instantly.
E-Scooter & E-Bike Injuries: What the Numbers Say
Hospitals are seeing more e-scooter and e-bike injuries, especially among youth. SickKids reported a sharp jump: 16 e-scooter injuries in June/July 2024 compared to only 5 during the same period in 2023. The city has also highlighted that e-scooters account for 85% of serious battery-powered mobility injuries in its summary. Nationally, the Canadian Institute for Health Information reported a year-over-year rise in e-scooter hospitalizations (2022–23 to 2023–24), with the most significant increases among kids and women.
The takeaway: crashes are no longer rare edge cases. Understanding liability and your benefits matters.
Liability Basics in Ontario: How Fault Is Decided
Ontario has two parallel legal tracks after a crash:
- Accident Benefits (no-fault): Regardless of who caused the collision, if a motor vehicle was involved, injured people (drivers, passengers, cyclists, pedestrians, and typically e-bike/e-scooter users struck by a car) can claim Statutory Accident Benefits (SABS) under an auto policy. Benefits include medical/rehab and attendant care by default, with other coverages often available as optional add-ons. (Note: the province has announced significant SABS changes effective July 1, 2026, which will make many benefits optional, planning ahead with your broker is wise.)
- Tort claim (lawsuit): If another party’s negligence caused your injuries, you may sue for damages (pain and suffering, income loss beyond SABS, out-of-pocket costs). Fault is determined under Ontario’s negligence law, and damages can be reduced for contributory negligence—for example, riding illegally or without proper lights can reduce what you recover.
The “Reverse Onus” That Protects Vulnerable Road Users
Ontario’s Highway Traffic Act, s. 193(1) flips the usual burden of proof in crashes involving a motor vehicle on a public highway. When a person is injured “by reason of a motor vehicle,” the driver/owner must prove they were not negligent. This protective rule is routinely applied in cases where drivers strike cyclists. It does not automatically decide the case, and it doesn’t eliminate contributory negligence—but it gives injured cyclists (and often e-bike riders meeting the bicycle definition) a meaningful starting advantage.
What about e-scooters? Suppose an e-scooter (illegal to operate in Toronto) is hit by a car on a public roadway. In that case, the reverse onus can still apply because the statute turns on injury “by reason of a motor vehicle,” not whether the rider’s device was legal. Illegality can, however, factor into contributory negligence and reduce damages. Each case turns on specifics.
Who’s Liable? Common Toronto Scenarios
1) E-Bike vs. Motor Vehicle
- Likely framework: Reverse onus applies; the driver must show they weren’t negligent.
- Key issues: Was the rider visible and law-abiding with no sidewalk riding, proper lights, and obeying signals? Was the driver speeding? Distracted? Did they fail to yield? Open a door unsafely?
- The e-bike rider can access SABS because a motor vehicle was involved, even if the rider was partly at fault.
2) E-Scooter vs. Motor Vehicle (In Toronto, Where E-Scooters Are Banned)
- Legality: Riding a standing e-scooter in public spaces is prohibited.
- Liability: Reverse onus may still put the initial burden on the driver, but the scooter rider’s unlawful use can lead to apportionment of fault (contributory negligence).
- Benefits: If a motor vehicle is involved, the injured e-scooter rider may still access SABS; the tort claim’s value may be reduced if the rider’s illegal operation of the electric scooter contributed to the crash.
3) E-Scooter Hits a Pedestrian (No Car Involved)
- Liability: Traditional negligence analysis. The e-scooter rider (already riding unlawfully in Toronto) may be liable to the pedestrian for injuries.
- Insurance: No auto policy is triggered as no “motor vehicle” was involved in the accident. Recovery may come from the rider’s homeowner/tenant liability insurance (although it’s not guaranteed). The only other legal option is a direct claim against the rider.
4) Doorings and Right-Hook/Left-Cross Collisions
- These accidents happen often downtown – drivers opening doors without checking mirrors; right turns across bike lanes; left turns across oncoming bike traffic.
- Liability: Often falls on the driver, but various factors like visibility, lane position, and speed of the rider all matter for contributory negligence.
“Does it help that you were wearing a helmet and following the rules of the road?”
It does. Courts routinely consider rider conduct when allocating fault. The Negligence Act allows judges to reduce damages based on each party’s share of the blame. Riding where you’re permitted, using lights at night, wearing a helmet, and obeying traffic laws make it easier to argue you weren’t contributorily negligent. Conversely, sidewalk riding, blowing reds, disabled lighting, or riding an illegal device in a prohibited place can reduce your award.
What should you do after an e-bike or e-scooter crash in the GTA?
Accidents can happen to anyone, in any part of Toronto. This is especially true if you are riding a motorized scooter or an e-bike. Here are the steps to take if you or a loved one is seriously injured in an accident.
- Get medical care first. Your well-being is paramount, which is why you should seek medical care after any accident. Even seemingly minor head or soft-tissue injuries can worsen overnight.
- Call the police. If there are injuries or significant damage, report the incident. This will create a legal paper trail, which will benefit you in the future.
- Document the scene. Take as many pictures as possible. Take photos of the positions, damage, lighting, lane markings, signals, and any debris. Also, capture the other party’s insurance and plate. Do video interviews with any witnesses who saw the accident, as their testimony is invaluable.
- Look for cameras. Cameras are everywhere in the GTA. Storefronts, dashcams, and bike-mounted cameras may have caught footage of the accident.
- Report to insurers quickly: If a motor vehicle was involved, SABS timelines apply. If you’re a pedestrian or rider without auto insurance, you can often claim through the at-fault driver’s insurer or your household policy.
- Do not guess fault at the scene. Watch what you say as small statements can be used against you later.
- Call a personal injury lawyer. Experienced personal injury lawyers like Bergel Magence will provide a risk-free assessment of your claim and fight on your behalf to get the compensation and justice you deserve.
What Are Some Current GTA Scooter/E-Bike FAQs?
If e-scooters are banned in Toronto, can a rider still be compensated if a driver hits them?
Often yes, but this depends on the situation. The reverse onus can still apply to the driver (they must prove they weren’t negligent), and SABS may be available because a motor vehicle was involved. But the rider’s illegality may reduce a tort award through contributory negligence.
Do I need insurance to ride an e-bike?
No, you do not need auto insurance to operate an e-bike or motorized scooter.
Have injuries really gone up?
Yes, injuries from scooter and e-bike-related incidents have risen dramatically. Local pediatric data and national hospitalization figures show clear increases since 2020, with pediatric injuries spiking at SickKids and a 32% national rise year-over-year.
Are police enforcing Toronto’s e-scooter ban?
Yes, Toronto Police have been enforcing the city’s e-scooter ban. TPS has run dedicated micromobility blitzes to educate and implement HTA and City bylaws. While this is true, you will still constantly see kids and adults riding scooters and e-bikes throughout the city.
E-Bikes and E-Scooter Accidents – What Are Your Rights?
In Toronto, e-scooters are illegal to ride; e-bikes are legal within strict rules. If a motor vehicle is involved, injured riders and pedestrians can typically access SABS regardless of fault, and the reverse onus often places an initial burden on the driver in cyclist/e-bike scenarios. Fault is shared when appropriate: illegal or unsafe riding can reduce compensation through contributory negligence.
How Can Bergel Magence Help If You or a Loved One Was Injured While Riding a Scooter or E-Bike?
The legal experts at Bergel Magence have represented thousands of injured Ontarians through complex road collisions, including the rise of e-mobility claims. Our award-winning law firm will fight for the compensation and justice you and your family deserve. We’ll navigate your legal claim, letting you focus on getting better. Contact us for a free consultation. With Bergel Magence, you pay no upfront fees and only when we win.
Bergel Magence Personal Injury Lawyers – http://www.bergellaw.com– 416-665-2000
