Neama Rahmani. Bay Area cities such as San Francisco, San Jose and Oakland could end up being taken to the bank by scooter victims. The cheap rides are eco-friendly and inexpensive, but they are costly in terms of public safety. It's a perfect storm from a liability standpoint. Rental outfits are springing up like weeds to accommodate the demand for easy short-term transportation. The return on investment makes two-wheeling an appealing business opportunity. When San Francisco imposed a scooter moratorium commencing on June 4, it anticipated a quick permit review process. The original three-applicant pool quickly expanded to 12 candidates, pushing the scooter launch date out to sometime in August. Soon, however, a 12-month pilot program will allow up to five companies to operate in San Francisco with a total of 1,250 scooters for six months. The number could then double to 2,500 if the pilot is deemed “successful.” An annual $25,000 permit fee will be small change for big operators, but it could help underwrite more law enforcement and provide a fund against lawsuits. What happens when a college student on spring break zips down a sidewalk and plows into pedestrians? Who end up being responsible for the accident, and who pay the bills? Until state laws and local ordinances recognize the dangers inherent in “motorized bikes,” cities like San Francisco and San Jose may be the ones paying the cost of lax regulation. The typical rental agreement includes a liability waiver, and head protection is rarely included with the rental. A bill currently before the state Legislature, AB 2989, could even make things worse. Sponsored by Bird, one of the large rental companies, it would eliminate the helmet requirement for riders over the age of 18. This is exactly the wrong approach. Motorized scooters are far more likely than cars to be involved in severe injury and fatal crashes. They weren't designed for unpaved roads, major roadways or high speeds. Drivers are often untrained or unlicensed, and many bikes are operated under the influence of drugs or alcohol. More than 90 percent of scooter drivers are uninsured, and few drivers wear helmets, even though they are required by state law. Scooters riding on sidewalks and being left in pedestrian traffic lanes are ongoing headaches, made more annoying by the difficulty of pursuing scofflaws from patrol cars. It's time to take a serious look at this safety dilemma. Because of their small size and agility, scooters are more likely to be found in pedestrian areas but less likely to be apprehended in the event of a violation. Chances of tapping into insurance coverage are slim to none. California law even requires scooter manufacturers to put customers on notice that their insurance might not cover them for accidents involving the scooter. So, who bears liability when a tourist runs over a toddler on the sidewalk after patronizing the local beer pub? Is it the manufacturer of an inherently unsafe mode of transportation? The company that rented it without offering insurance or providing training? The city that issued the rental permit without requiring insurance, safety gear or training? The inebriated teenager without insurance or a clue about what happened? All of them are liable. States and cities must protect both drivers and pedestrians, requiring licensing and insurance, as the number of two-wheeled motorized bikes on the road continues to rise. Rental companies should be required to provide safety education for riders and mechanisms, such as push notifications sent to customers' phones, for notifying them of unsafe riding activity. They must also require proof of insurance or offer insurance coverage to renters, just as with rental cars. Municipalities must adopt enforcement mechanisms to ensure that those requirements are being followed. Finally, protective equipment, including helmets, must be the standard for all drivers, not an exception to the rule. Injury and fatality statistics call for nothing less. Neama Rahmani, a founding partner at West Coast Trial Lawyers, specializes in transportation and public safety matters and represents personal injury plaintiffs.