Attorney Hüseyin Aydın – Lawyer, Alanya
In recent years, electric scooters (e-scooters) have become both a practical means of urban transport and an indispensable part of sightseeing, particularly in Antalya, Alanya and the surrounding coastal strip. However, the rapid spread of micromobility vehicles on streets, roads, pavements and cycle paths has brought with it very serious traffic accidents and complex legal disputes.
Where an electric scooter hits a pedestrian, collides with a car at an uncontrolled junction, causes injury by making pedestrians lose their balance on the pavement, or a rented scooter overturns because of a technical fault in its braking system, very different legal consequences arise for the scooter rider, the rental company, the keeper of the motor vehicle involved, insurers and the Guarantee Fund (Güvence Hesabı).
The most common misconception in practice is the assumption that electric scooter accidents, like classic car or motorcycle accidents, are automatically covered by Compulsory Motor Third-Party Liability Insurance (ZMSS) or the Guarantee Fund. In fact, under Turkish law, from whom and on what legal ground compensation can be claimed is determined by how the accident occurred, the parties’ degree of fault, the technical ownership of the vehicle and the legislation in force.
1. What Is an Electric Scooter in Legal Terms? Its Place in the Legislation
Article 3 of the Highway Traffic Law No. 2918 (KTK) defines an electric scooter as “a wheeled micromobility vehicle with a maximum speed of 25 km/h, used standing, with a footboard and a vertical steering mechanism”. In addition, the Electric Scooter Regulation, which entered into force upon publication in the Official Gazette, sets out the procedures and principles for the use, rental and operation of these vehicles.
However, the statutory definition alone is not sufficient to resolve every legal problem. In practice and in court decisions, the following questions in particular come to the fore:
- Is an electric scooter a motor vehicle within the meaning of the KTK?
- Is the scooter rider or keeper subject to strict (no-fault) liability for dangerous activities?
- Does the Guarantee Fund pay compensation in a scooter accident?
- What are the limits of liability of rental scooter companies (Martı, BinBin, Hop, etc.)?
- Is the rider’s failure to wear a helmet a ground for reducing compensation for contributory fault?
The answers to these questions depend not on what the vehicle is popularly called, but on how the incident occurred, the conduct of the parties, the vehicle’s technical features and the positive legal rules in force.
2. Who Can Be Liable in a Scooter Accident? (Liability Table)
Liability in an e-scooter accident may not be limited to a single party. Depending on the technical and human factors behind the accident, more than one person or legal entity may be held jointly and severally liable:
| Potentially Liable Party | Basis of Liability and When It Arises | Legal Basis |
|---|---|---|
| Scooter Rider | Running a red light, excessive speed, riding against traffic, endangering pedestrians on the pavement, two people riding, carelessness and breaches of traffic rules. | Turkish Code of Obligations (TBK) Art. 49 (Tort), KTK Art. 66 |
| Rental Company | Brake, tyre, steering or battery failure; lack of periodic maintenance; making an unsafe vehicle available in the system; organisational fault. | TBK Art. 71, Turkish Commercial Code (TTK) and the Electric Scooter Regulation |
| Actual Keeper | The person, business or commercial fleet owner having economic and actual control over the scooter. | TBK Art. 49 et seq. |
| Motor Vehicle Driver | Junction violation, failure to give way, failure to adjust speed or carelessness by the driver of the car/lorry that hit the scooter. | KTK Art. 85, Art. 89 and TBK Art. 49 |
| Vehicle Insurer (ZMSS) | The compulsory liability insurer of the other, at-fault motor vehicle involved in the accident (property damage, bodily injury and loss of support). | KTK Art. 91 et seq. |
| Guarantee Fund | Only where an unidentified or uninsured motor vehicle subject to compulsory traffic insurance was involved in the accident and there is bodily injury. | KTK Art. 91, Law No. 5684 Art. 14 |
3. When Is a Scooter Rider Considered at Fault?
Like all other road users, electric scooter riders are obliged not to endanger the safety of life, to respect rights of way and to comply with the restrictions imposed by the legislation. In practice, the main situations in which a rider is found to be at fault are:
- Red Light and Sign Violations: Failing to obey traffic lights, “Stop” or “Give Way” signs.
- Riding Against Traffic: Riding against the direction of traffic flow on one-way streets or dual carriageways.
- Carrying More Than One Person: Two or more people riding the scooter (strictly prohibited under the Regulation and directly increases the rider’s share of fault).
- Pedestrian Path and Pavement Violations: Riding dangerously on the carriageway when a dedicated cycle path or lane exists, or in areas reserved for pedestrians.
- Visibility and Night Riding: Riding at night without lighting equipment such as a front light, rear light or reflectors.
- Sudden Entry onto the Carriageway: Entering the main carriageway in an uncontrolled way from the pavement or a side road.
Nevertheless, a motor vehicle driver’s mere defence that “the scooter suddenly appeared in front of me” does not by itself relieve them of liability. Indeed, the settled case law of the Court of Cassation (Yargıtay) emphasises the duty of motor vehicle drivers to reduce speed when approaching junctions, to watch out for pedestrians and micromobility users, and to take precautions against foreseeable risks. For similar liability principles, the case law in our article Guide to Compensation and Legal Liability in Motorcycle Accidents also provides guidance.
It should be stressed that the fault ratios in the accident report drawn up by the police or gendarmerie after the accident are not conclusive. In the prosecutor’s investigation or before the civil court, panels of expert witnesses may analyse camera footage and brake marks and change the ratios in the report entirely.
4. Does the Guarantee Fund Pay in a Scooter Accident?
This is the area where citizens and accident victims most often go wrong. Although an electric scooter has a motorised mechanism, under the Highway Traffic Law it is not subject to an obligation to take out compulsory motor third-party liability insurance (ZMSS).
The Guarantee Fund (Güvence Hesabı) is a public fund established solely to cover bodily injury (death, permanent disability, medical treatment) caused by vehicles that are legally required to have compulsory traffic insurance, where the loss arises from lack of insurance, an unidentified vehicle or a stolen/seized vehicle.
Basic Rule: If an e-scooter rider alone hits a pedestrian or has an accident through their own fault, the Guarantee Fund does not step in, because there is no compulsory traffic insurance requirement for e-scooters.
Exceptions: If the accident occurred because a car, van or uninsured motor vehicle whose number plate could not be identified hit the electric scooter, it is legally possible to apply to the Guarantee Fund in respect of bodily injury (death and disability) caused by the accident.
5. Legal Liability of the Rental Scooter Company
Corporate firms operating rental e-scooters do not merely provide a technology platform; they offer a technical vehicle rental service in public spaces. Operating companies therefore have a duty to provide safe vehicles, carry out regular maintenance and conduct technical inspections.
The rental company may be directly liable for compensation in the following cases:
- Brake and Mechanism Failures: A snapped brake cable, drum or disc brakes not gripping, a stuck throttle.
- Lighting and Battery Problems: The headlight going out during night use, the battery suddenly locking up or catching fire.
- Tyre and Steering Defects: Renting out the vehicle with worn or split tyres or with a loose, wobbling handlebar mechanism.
- Re-activating a Vehicle Already Reported as Faulty: Putting the vehicle back into use without inspection even though another user has reported in the system that “the brakes don’t work”.
In such an accident, the rental logs generated via the mobile app, GPS route and speed records, pre-/post-ride photos, the vehicle’s serial and chassis number and the maintenance records are the most critical evidence determining the outcome of the case.
6. What Compensation Can Be Claimed in a Scooter Accident?
Under the provisions of the Turkish Code of Obligations No. 6098 (TBK), persons who suffer bodily injury or whose relative dies as a result of a scooter accident may bring an action for pecuniary and non-pecuniary damages:
In Case of Injury and Disability (TBK Art. 54)
- Treatment and Recovery Costs: Surgery, medication, medical supplies, prosthesis/orthosis costs.
- Carer and Companion Costs: Costs arising where the victim needs care by a third person to carry on daily life (can be claimed even if family members provide the care, according to precedent decisions of the Court of Cassation).
- Compensation for Temporary Incapacity: Loss of earnings during the period of medical leave in which the person was unable to work due to the accident.
- Permanent Incapacity (Loss of Earning Capacity): Actuarial compensation calculated according to the permanent disability rate determined by the Forensic Medicine Institute or an authorised medical board.
- Non-Pecuniary Damages: An amount awarded at the court’s discretion for physical pain, suffering and decline in quality of life.
In Case of Death (TBK Art. 53)
- Compensation for Loss of Support: Compensation that the deceased’s spouse, children, mother or father may claim because they have been deprived of the deceased’s support.
- Funeral and Burial Costs: Transport of the body, burial plot and burial costs.
- Treatment Costs Before Death: Expenses incurred during intensive care and hospital treatment before death.
- Non-Pecuniary Damages for Relatives: Non-pecuniary damages awarded to close family members who suffer deep grief and sorrow.
7. Is Not Wearing a Helmet a Ground for Reducing Compensation?
Not wearing a helmet at the time of the accident does not mean that the court will automatically reduce compensation. Two critical parameters are assessed in this respect:
1. The Legislation in Force on the Date of the Accident: In line with the principle of non-retroactivity of laws, it is examined whether wearing a helmet was legally compulsory for e-scooter riders on the date of the accident.
2. Causation and Contributory Fault (TBK Art. 52): Did the failure to wear a helmet contribute to the occurrence of the injury or aggravate its consequences? For example, in an accident resulting only in a broken leg, no reduction in compensation can be made because the absence of a helmet has no causal link. However, in cases such as head trauma or brain haemorrhage, if a forensic medical report establishes that the absence of a helmet increased the damage, a reduction for contributory fault under Article 52 of the Turkish Code of Obligations may come into play.
8. What Should Be Done on the First Day After a Scooter Accident? (Evidence Guide)
In scooter accidents, the risk of evidence disappearing quickly is very high. Camera recordings are deleted within 7-15 days on average, and records in rental apps can become inaccessible after technical updates. To avoid losing rights, the following steps should be taken immediately:
- Call 112 for the Police/Gendarmerie: Official law enforcement should be called to the scene immediately, an official accident report drawn up and the parties tested for alcohol. In particular, never leave the scene, to avoid the risk described in Penalty for Leaving the Scene of a Traffic Accident.
- Identify Security Cameras: Cameras in shops and buildings overlooking the scene, city surveillance (MOBESE) cameras or dashcams should be identified immediately and a request made through the prosecutor’s office for the recordings to be obtained before they are deleted.
- Scooter Serial Number and Damage Photos: Photograph the QR code on the scooter body, the serial/chassis number and the condition of the brakes and tyres.
- Screenshots from the Rental App: Archive the rental start and end times, the ride route, the payment receipt and the end-of-ride parking photos in the app.
- Collect All Medical Documents: File the first emergency admission discharge summary, the forensic report, X-ray/MRI results and invoices for all treatment expenses.
9. The Legal Route Before Filing a Lawsuit and Mediation
The procedure for the action and the competent court vary depending on against whom the claim is directed:
- Against the Scooter Rider Only: A tort action is brought before the Civil Court of First Instance (Asliye Hukuk Mahkemesi) under the general provisions. The insurance pre-application requirement in KTK Art. 97 does not apply here.
- Against the Motor Vehicle’s Traffic Insurer: Under KTK Art. 97, a written prior application to the relevant insurance company is a mandatory precondition before filing an action or applying to the Insurance Arbitration Commission.
- Against the Rental Company: Depending on the nature of the dispute regarding defects in the company’s services to consumers or third parties, the Consumer Court or the Commercial Court of First Instance may have jurisdiction, and mandatory mediation rules may apply.
10. Common Mistakes in Scooter Accidents
- Assuming that the Guarantee Fund will definitely pay because the scooter is electric.
- Believing that the rental company has no liability at all, being misled by exemption clauses in its standard contracts.
- Not calling the police and not having a report drawn up because of a promise to settle at the scene.
- Failing to request nearby security camera footage in time, causing the recordings to be deleted.
- Leaving the scene without photographing the scooter’s faulty mechanical parts.
- Not keeping invoices for treatment, carer and medical expenses.
Conclusion
Electric scooter accidents involve technical rules, specific legislation and a complex allocation of fault that set them apart from traditional traffic accidents. When faced with a scooter accident, the first step is to establish the cause of the accident with clear evidence and to place the compensation claim on the correct legal footing as regards the party against whom it is directed (rider, fleet company, keeper or vehicle insurer).
Unlike classic traffic accidents, electric scooter accidents are a technical area requiring analysis of micromobility legislation, tort provisions and complex fault assessments. For your specific dispute and to avoid any loss of rights, it is advisable to seek professional legal advice from a lawyer.
Att. Hüseyin Aydın | Sophos Law Office
Lawyer, Alanya
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.