Lime scooter was taken from fatal crash scene before police could inspect it

A Lime scooter an Auckland man was riding during a fatal 2019 crash was lifted from the scene and dismantled by its operator before police had a chance to inspect it.

The events leading up to and after the crash, which killed 23-year-old waiter and social media engineer Toby Hunt, have been detailed in a coroner's report released today.

Hunt was the equivalent of four times over the legal alcohol driving limit at the time but Coroner Alexander Ho could not determine the exact chain of events that led to the crash.

He said recent alcohol consumption, the ease with which a rider could oversteer the scooter, and a lessened reaction time could have all contributed. The coroner also discussed "gaps in evidence" regarding how the scooter was handled following the crash, making it harder to determine the cause.

At around 6.10pm on September 16, 2019, Hunt was riding a Lime scooter after leaving a work function at the Viaduct in Auckland's CBD. He had been drinking and was not wearing a helmet.

Hunt, a regular e-scooter user, was travelling at 25km/h on Westhaven Drive towards Herne Bay, where he had parked his car at a friend's.

Behind him, a driver saw Hunt look over his shoulder and drift right towards the centreline of the two-lane road.

"As he got closer to the centreline, he came 'unstuck', by that I mean the rear wheel of the scooter lifted quickly and he went over the handlebars," the driver said

The witness said it looked as though Hunt turned the handlebars "too quickly" to the right, but he said he "couldn’t see what happened clearly".

The witness said Hunt rotated 180 degrees in midair before hitting the road, landing on his bottom and hitting his head.

The driver and several other bystanders rushed to the 23-year-old's aid, moving the scooter onto an adjacent berm before emergency services arrived. He was breathing but unresponsive.

Hunt was rushed to Auckland City Hospital and was unconscious, with the impact of the crash fracturing his skull and bruising his brain. Bleeding on his brain caused "irreversible damage".

Hunt's condition did not improve, and he died on September 20.

A toxicology report found he was nearly four times over the legal driving limit for alcohol. Cannabis and THC were also present in his system.

US engineering consulting firm Exponent, which was asked by Lime to review the telemetry data, found Hunt had gone from 25km/h to zero in around three seconds. The throttle was engaged momentarily after the crash, and Hunt had not used the brakes in the 30 seconds prior.

Around three hours after the crash, Lime remotely disabled the scooter. It was inspected on-site, then taken back to Lime's warehouse for further inspection and dismantling. This all occurred before police had an opportunity to look at it.

In 2019, a spokesperson for Lime said the scooter had not been taken before emergency services arrived and that the company was co-operating with authorities. Police also said it was not notified until around two hours after.

Today, Lime said it welcomed the coroner's findings and said its current procedures reflect the industry-wide standard on serious incidents.

The coroner's report said Lime's inspection and Exponent's review found the crash was not caused by a scooter malfunction. However, a separate probe by New Zealand firm Eliga noted a "narrow scope" in these investigations. It also discussed "limitations" in the inspection of the scooter and in the availability of telemetry data.

The coroner's report said: "Lime’s efforts after the accident to satisfy itself that there was no issue with Toby’s scooter meant, unfortunately, that the scooter was dismantled before the police had an opportunity to conduct its own investigations."

It was reassembled and inspected by a police vehicle safety officer in December, who found "isolated defects" and no mechanism to stop the front wheel from overturning.

The scooter Hunt was using was an older model with no suspension. The front wheel could be turned 90 degrees, locking up at speed and causing a crash. Newer models now have larger wheels to reduce the risk of oversteer, as well as two brakes and a front suspension.

Coroner Ho said the investigation issues following the accident created "gaps in evidence".

"There was no opportunity for the police to independently examine the scooter and no record of or independent examination of the firmware or electronic hardware."

Lime said it was standard procedure to take scooters from crash scenes so issues could be identified, in case they existed with others in the fleet.

"In circumstances where a rider reports a fault or minor incident, a responsible scooter hire operator may well prudently take the steps which Lime did," the coroner said.

"In the case of a serious crash, such as this one, it would have been plainly preferable for the scooter to have remained on scene so that appropriate crash investigations could have taken place.

"The result is that it will never be known whether the missing inquiries might have shed material light on the cause of Toby’s fall."

There was "no direct evidence" that a component or software failure contributed to the crash, but Ho noted his previous comments about the investigation.

Possible causes were the ease with which a rider could end up in an oversteer lock, Hunt diverting his attention by looking over his shoulder, and alcohol impairing his reaction time.

"I cannot exclude mechanical issues with Toby’s scooter which may have contributed further to the accident, and so do not make any finding that mechanical issues were contributory," he said.

Coroner Ho could not exactly determine what led to Hunt's crash.

He endorsed recommendations made by another coroner encouraging mandatory helmet use. He said while lower speeds would reduce harm, they could impact productivity. He also said speed was not the sole or primary cause of Hunt's crash.

Coroner Ho recommended that scooter riders avoid riding while drunk.

He could not make recommendations about Lime's actions after the crash, as the inquiry did not relate to the cause of Hunt's accident, just the aftermath.

"However, I am confident that Lime will have gained from this coronial inquiry a better appreciation of the process which should be followed after a serious crash to secure the relevant hardware and data for independent analysis."

In a statement today, a Lime spokesperson said: "Lime acknowledges the release of Coroner Ho's findings into the death of Toben Hunt in Auckland in September 2019.

"We extend our deepest condolences to Toben's family and friends.

"Lime cooperated fully with the inquiry and accepts the Coroner's findings. We welcome his referral to Auckland Council and Waka Kotahi NZTA regarding vehicle preservation in serious incidents, and we support their codification as an industry-wide standard as they reflect Lime's current procedures.

"We note the Coroner's comments on helmet use and encourage all riders to wear a helmet every time they ride."