Injured in a Texas E-Scooter Crash? Your Legal Rights
If you were hurt in an e-scooter crash in Texas—whether as a rider, pedestrian, cyclist, or driver—you may have legal options to recover medical costs, lost wages, and other damages. This guide explains common causes, fault and negligence rules, evidence to gather, insurance issues, and how a personal injury claim typically works under Texas law.
Last reviewed: November 5, 2025
Who can be liable after an e-scooter crash?
Liability in Texas depends on whose negligence caused the crash. Potentially responsible parties can include the e-scooter rider; a motor vehicle driver; a pedestrian or cyclist who acted negligently; the scooter company or fleet operator (for maintenance or deployment issues); a parts manufacturer (for defective components); or a city or contractor (for unsafe road conditions, subject to governmental immunity and notice requirements under the Texas Tort Claims Act, see Tex. Civ. Prac. & Rem. Code ch. 101). Texas applies proportionate responsibility, so multiple parties can share fault (ch. 33).
Texas proportionate responsibility (comparative fault)
Under Texas law, an injured person’s compensation is reduced by their percentage of fault, and a claimant is barred from recovery if they are greater than 50% responsible for their own harm. See Tex. Civ. Prac. & Rem. Code § 33.001.
Insurers and juries apportion fault among all responsible persons and entities. This often matters in e-scooter cases where speed, lane positioning, or traffic signal compliance are disputed.
Common causes of e-scooter crashes
Frequent factors include motorists failing to yield or check blind spots; dooring incidents; poor road surfaces (potholes, debris, uneven pavement); scooter mechanical failure (brakes, stem, throttle); nighttime visibility issues; and rider inexperience or impairment.
Useful evidence can include scene photos, vehicle and scooter damage, maintenance records, app ride data, witness statements, traffic camera footage, and medical records linking injuries to the crash.
Practical tips
- Photograph the scooter’s condition, handlebars, brakes, and any error messages in the app.
- Request nearby business or traffic camera footage immediately before it is overwritten.
- Document lighting and visibility if the crash occurred at night.
- Keep damaged gear (helmet, clothing) as potential evidence.
Helmet and traffic rules for e-scooters
Texas does not impose a statewide helmet requirement for adult e-scooter riders. The Transportation Code governs micromobility devices but does not create a statewide adult helmet mandate; local ordinances or company policies may still apply. See Tex. Transp. Code ch. 551. If a minor is involved, check local rules that may impose helmet or operation requirements.
Riders must follow applicable traffic laws and any local rules about where scooters may be ridden or parked. Violations can affect fault assessments.
Insurance and coverage issues
- At-fault driver’s auto liability coverage
- Your own auto policy’s uninsured/underinsured motorist and PIP/MedPay (if purchased)
- Homeowner’s or renter’s liability coverage (for pedestrian-caused losses)
- In limited situations, a scooter company’s policy
Many rental agreements include liability waivers and arbitration clauses; enforceability depends on the contract language and applicable law. Promptly notify potential insurers and preserve the scooter and app data.
Product and maintenance claims
If a defect or poor maintenance contributed to the crash—such as brake failure, stem fracture, or battery malfunction—you may have a product liability or negligent maintenance claim. Preserve the scooter, avoid repairs or alterations, and request maintenance and deployment records. Expert inspection can be critical.
Government-related hazards
Crashes linked to road defects, signage issues, or construction zones may involve cities, counties, or state agencies. Claims against governmental entities are limited by sovereign immunity and the Texas Tort Claims Act, which imposes notice requirements (often as short as six months) and damages caps. See Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.023, 101.101. Prompt documentation and identifying the proper governmental unit or contractor are essential.
What to do after an e-scooter crash
Checklist
- Seek medical care immediately and follow treatment plans.
- Call law enforcement if vehicles are involved or injuries occurred.
- Photograph the scene, roadway, scooter, and any vehicles.
- Collect contact and insurance information for all parties and witnesses.
- Preserve the scooter and your ride/app data.
- Save receipts, employment records, and medical documentation.
- Avoid recorded statements to insurers before speaking with counsel.
Deadlines apply. In many Texas personal injury cases, you generally must file suit within two years of the incident, subject to exceptions; claims against governmental units can have much shorter notice deadlines. See Tex. Civ. Prac. & Rem. Code § 16.003 and § 101.101.
Damages you may recover
Depending on the facts, recoverable damages may include medical expenses, lost wages and loss of earning capacity, pain and suffering, physical impairment, disfigurement, and property damage. In appropriate cases, exemplary damages may be sought, but Texas law imposes heightened proof standards and caps. See Tex. Civ. Prac. & Rem. Code ch. 41. In product or governmental claims, different rules may cap or affect recoverable categories.
How a Texas e-scooter claim progresses
Typical steps include investigation and evidence preservation; medical treatment and documentation; identifying all liable parties and insurance; sending demand packages; negotiating settlement; and, if needed, filing a lawsuit. Litigation may involve discovery, depositions, expert analysis, mediation, and trial. Early legal counsel helps protect your rights and meet all procedural requirements.
Questions about your case? Contact our Texas personal injury team.
FAQ
How long do I have to file a claim?
Generally two years from the date of injury in Texas personal injury cases, with shorter notice deadlines for claims involving governmental entities.
What if I was not wearing a helmet?
Texas has no statewide adult helmet mandate for e-scooters. Lack of a helmet may be argued by insurers but does not automatically bar recovery; fault is based on overall negligence and causation.
Can I recover if I am partly at fault?
Yes, unless you are more than 50% at fault. Your recovery is reduced by your percentage of responsibility.
Should I accept the first insurance offer?
Not without understanding your injuries, damages, and future costs. Early offers may undervalue your claim.
Sources
- Texas Civil Practice & Remedies Code ch. 33 (Proportionate Responsibility)
- Texas Transportation Code ch. 551 (Micromobility and related rules)
- Texas Civil Practice & Remedies Code ch. 101 (Texas Tort Claims Act)
- Texas Civil Practice & Remedies Code ch. 41 (Exemplary Damages)
- Texas Civil Practice & Remedies Code § 16.003 (Two-year limitations)
Disclaimer
This blog provides general information about Texas law and is not legal advice. Laws change and outcomes depend on specific facts. Reading this post does not create an attorney–client relationship. Consult a licensed Texas attorney about your situation.