E-Bike & E-Scooter Injuries in Fredericton: How New Brunswick Insurance Laws Apply

Matthew Pearn
5 hours ago
7 min read

Matthew Pearn | August 13, 2026

Fredericton’s trail network sees heavy daily traffic from pedestrians, runners, cyclists and e-scooter riders. While convenient for commuting and exercise, collisions on these shared, multi-use trailways are on the rise—causing severe trauma, including concussions, complex fractures, spinal injuries and chronic pain.

Navigating recovery after an e-scooter or e-bike crash is a uniquely complex legal issue, as these devices blur the lines between pedestrians, motor vehicles, and personal property. Unlike typical motor vehicle collisions, claims involving e-bikes and e-scooters tend to raise insurance questions. Whether you were walking and struck by an e-bike or e-scooter, or you were riding and collided with another trail user, you may be left wondering who is responsible and, perhaps more importantly, what insurance may be available to compensate you.

Depending on the circumstances, several different insurance policies—or, in some cases, no obvious insurance at all—may need to be investigated.

What the Statistics Show

While e-scooters are framed as convenient and eco-friendly, healthcare data highlights a significant rise in trauma and hospitalisation cases associated with these devices both nationally and internationally.

According to data released by the Canadian Institute for Health Information (CIHI), e-scooter hospitalisations across Canada climbed 32% year-over-year (rising from 375 to 498 hospitalisations in a single year). CIHI data also show an overall 22% increase in hospitalisations specifically involving male riders.¹ CIHI hospital data highlights a 61% surge in hospitalisations for youth aged 5 to 17, with pediatric emergency specialists at Toronto’s Hospital for Sick Children and the Children’s Hospital of Eastern Ontario warning that high-acceleration devices are often treated as toys, despite reaching road speeds.²

Within New Brunswick, the Dr Everett Chalmers Regional Hospital, located in Fredericton, confirms that local emergency rooms have treated severe injuries—including facial fractures, loss of consciousness, and concussions—following e-scooter crashes on Fredericton roadways and intersections.³

Common Injuries Following Trail Collisions

Although e-bikes and e-scooters are generally expected to travel at lower speeds than most motor vehicles, some models can reach speeds upwards of 65 km/h. This, commonly combined with the absence of occupant protection, means that significant injuries can occur.

Common injuries include:

Concussions and other traumatic brain injuries. A properly fitted helmet can substantially reduce the risk of serious head injury for cyclists and many e-scooter riders, but pedestrians rarely have that protection.
Fractures involving the wrist, forearm, clavicle, ankle, tibia, fibula or femur.
Compression fractures or other spinal injuries caused by being knocked to the ground.
Shoulder dislocations and rotator cuff injuries.
Knee, ankle and ligament injuries.
Facial fractures, dental injuries and lacerations.
Chronic pain syndromes.
Psychological injuries, including anxiety and loss of confidence using public trails.

Many of these injuries require lengthy rehabilitation and can interfere with employment, recreation and everyday activities.

Determining Legal Responsibility

As with most personal injury claims, the first question is whether someone was negligent.

Examples may include:

Travelling at an excessive speed.
Failing to yield to pedestrians.
Riding while distracted.
Failing to keep a proper lookout.
Operating an e-scooter or e-bike in an unsafe manner.
Failing to comply with applicable traffic or trail rules.

However, identifying the negligent party is only part of the analysis. The next question is often the more challenging one: What insurance is available to respond to the claim?

Is an E-Scooter an “Automobile” or a “Vehicle” Under New Brunswick Laws?

One of the first legal questions may be whether the device involved falls within the definition of an “automobile,” “motor vehicle,” or “vehicle” under the applicable legislation or insurance policy. As e-scooters and e-bikes are not yet required by law to carry insurances to indemnify drivers for causing mistakes, it’s important to know whether these are “Vehicles” at law, and what insurance policies should respond to your claim after you are hurt.

Under New Brunswick’s Motor Vehicle Act, the definition of “motor vehicle” means every vehicle that is “self-propelled”. This means that an e-scooter or e-bike powered by an electronic motor will meet the definition of motor vehicle, and so an insurance policy that provides you with coverage related to any injury caused by a motor vehicle should respond when an e-scooter or e-bike used by another person hits you, or otherwise causes an accident, and causes you injury. Insurers may argue that this does not count as an automobile accident. Having a skilled lawyer prepare your initial demand for insurance coverage to pay for your injuries is important.

What If the Driver Has No Insurance or Cannot Be Identified?

Where the responsible party cannot be identified or lacks insurance, additional questions may arise regarding potential coverage under the injured person’s own automobile insurance policy.

Depending on the circumstances, this investigation may include consideration of:

Section D of the Standard Automobile Policy relating to uninsured or unidentified motorists.
SEF 44 Family Protection Coverage, if purchased.
The provisions of New Brunswick’s Insurance Act respecting uninsured motorists, including whether you may be eligible for compensation under the Uninsured Automobile Fund.
Whether the particular e-bike or e-scooter is considered an “automobile” for the purposes of the applicable legislation or insurance contract, and whether this is truly a ‘self-propelled’ vehicle.

These are highly technical coverage questions, and the answer frequently depends upon the interaction between the legislation, the insurance policy and the specific facts of the accident.

Rental E-Scooters May Involve Additional Insurance

Not every e-scooter is privately owned. Where an e-scooter has been rented through a commercial operator, additional insurance policies may exist.

Depending on the circumstances, these could include:

Commercial general liability insurance.
Commercial automobile insurance, where applicable.
Fleet insurance.
Contractual indemnity arrangements.
Other commercial insurance maintained by the rental business.

The existence and scope of these policies depend on the contractual arrangements and policy wording, making a careful insurance investigation particularly important.

Could Homeowner’s or Tenant’s Insurance Apply?

One of the most commonly overlooked sources of compensation is homeowner’s or tenant’s insurance. Many personal liability policies provide coverage when an insured person negligently causes bodily injury to someone else during everyday activities.

Depending on the wording of the policy and any applicable exclusions, personal liability coverage may potentially respond where an e-bike rider—or, in some circumstances, an e-scooter rider—causes injury to another person.

Because policies vary significantly, it is important not to assume that coverage either exists or is excluded without first reviewing the policy.

What If the Rider Is a Minor Child?

Collisions involving children raise additional legal and insurance issues.

If a minor negligently causes injury while operating an e-bike or e-scooter, several potential questions arise:

Is the child legally responsible?
Does the family’s homeowner’s or tenant’s policy provide liability coverage?
Could the parents themselves bear legal responsibility if inadequate supervision contributed to the accident?
Are there policy exclusions relating to motorised vehicles that affect coverage?

In some cases, a claim may allege not only that the child acted negligently, but also that a parent failed to properly supervise, instruct or control the child’s use of the e-bike or e-scooter. Depending on the facts and the wording of the applicable policy, allegations of negligent parental supervision may engage the family’s personal liability insurance. Every case is fact-specific, and these issues should be carefully assessed before conclusions are drawn about available insurance.

Don’t Overlook Other Potential Defendants

The cyclist or e-scooter rider may not be the only party whose conduct contributed to the accident.

Depending on the circumstances, it may also be appropriate to investigate whether another person or organisation bears legal responsibility, including:

The owner or operator of a rental e-scooter business.
An employer, if the rider was acting in the course of employment.
The occupier responsible for maintaining the trail or pathway.
A contractor responsible for maintenance or construction.
Another party whose negligence contributed to the collision.

For example, inadequate maintenance, dangerous design, poor sightlines, missing signage or other hazardous conditions may, in some circumstances, contribute to a collision.

A Thorough Insurance Investigation Is Essential

One of the most important roles of an experienced personal injury lawyer is identifying every potential source of recovery.

Depending on the circumstances, that investigation may include:

The rider’s homeowner’s or tenant’s insurance.
The injured person’s own automobile insurance, including potential uninsured or family protection coverage.
Commercial insurance maintained by a rental operator.
Employer liability insurance.
Occupiers’ liability insurance.
Umbrella or excess liability policies.
Any statutory remedies that may be available under New Brunswick law.

Because different insurers may deny responsibility while pointing to another policy, a comprehensive investigation at the outset of a claim can be critical.

Why Early Legal Review is Critical

Insurance investigations take time, but limitation periods continue to run.

Evidence can disappear, witnesses’ memories fade, surveillance footage may be overwritten, and insurance issues often become more difficult to resolve as time passes.

Obtaining legal advice early allows the available insurance coverage to be identified and investigated before important deadlines are missed.

The Bottom Line

Collisions involving e-bikes and e-scooters are becoming more common as shared-use trails and personal mobility devices become increasingly popular throughout New Brunswick.

Although these claims may initially appear straightforward, they frequently involve complicated questions about negligence, statutory interpretation and insurance coverage. The availability of compensation may depend not only on who caused the collision, but also on how the device involved is classified under the applicable legislation and insurance policies, whether additional commercial or homeowner’s insurance exists, and whether statutory protections for uninsured or unidentified motorists may be engaged.

For that reason, injured pedestrians, cyclists and e-scooter riders should avoid assuming that no insurance is available simply because the at-fault party was not driving a traditional motor vehicle. A careful legal and insurance investigation may reveal sources of compensation that are not immediately apparent.

Canadian Institute for Health Information. Injury and Trauma Emergency Department and Hospitalization Statistics, 2024–2025. Ottawa, ON: CIHI; 2026. https://www.cihi.ca/sites/default/files/document/injury-trauma-emergency-dept-hospitalizations-2024-2025-data-tables-en.xlsx
Beauchemin, Genevieve. 'This is not a toy': Children's Hospitals warn of rising e-scooter injuries. June 20, 2026. https://www.ctvnews.ca/health/article/this-is-not-a-toy-childrens-hospitals-warn-of-rising-e-scooter-injuries/
Cox, Aidan. E-scooters tops activities landing users in Fredericton ER, says doctor. Sept 3, 2022. https://www.cbc.ca/news/canada/new-brunswick/escooter-fredericton-accident-crash-hospital-1.6570903