Injured on an E-Scooter in Texas? Protect Your Claim
If you were hurt in an e-scooter crash in Texas, take quick steps to preserve evidence, get medical care, and understand how fault and insurance work. Texas proportionate responsibility rules can reduce or bar recovery based on your share of fault. Government claims have special notice rules. When in doubt, consult a Texas injury lawyer. Contact us.
Why E-Scooter Injury Claims Are Different
Shared and privately owned e-scooters can involve multiple potentially responsible parties (riders, drivers, scooter companies, maintenance contractors, property owners, and public entities), device-specific defects, evolving local ordinances, and app terms that may attempt to limit claims. Texas negligence law applies, but the facts and technology often make these cases more complex than typical car crashes.
Immediate Steps After an E-Scooter Crash
- Call 911 and get medical care. Report all symptoms, even if mild.
- Involve law enforcement so an official report documents location, vehicles, and witnesses.
- Photograph the scene from multiple angles: roadway, traffic signals, surface hazards (potholes, debris), scooter condition, and any vehicle damage.
- Preserve the scooter: note the brand, serial/QR code, and app ride ID; do not attempt repairs or return it without documenting its condition first.
- Collect information for all involved parties and witnesses, including insurance details.
- Save your app data: screenshots of the ride receipt, route, timestamps, and any in-app messages.
- Avoid posting about the crash on social media.
Who May Be Liable
- Negligent drivers: failing to yield, distracted driving, speeding, or unsafe lane changes.
- Scooter rider negligence (if you were a pedestrian or driver): riding against traffic, sidewalk riding where prohibited by local rule, or failing to follow signals.
- Scooter companies and contractors: defective components, inadequate maintenance, or failure to warn.
- Property owners or public entities: dangerous conditions like uneven pavement or inadequate signage, subject to governmental immunity rules and notice requirements.
- Third-party manufacturers: brake, throttle, stem, or battery defects.
Texas Comparative Fault Rules
Texas follows proportionate responsibility. If you are found partially at fault, your compensation may be reduced by your percentage of responsibility, and recovery is barred if you are more than 50% responsible. See Tex. Civ. Prac. & Rem. Code ch. 33 (including §§ 33.001 and 33.012).
Evidence That Strengthens Your Claim
- Medical records linking injuries to the crash and tracking recovery.
- Scene and vehicle photos, dash-cam footage, and nearby business surveillance.
- App telemetry when available (e.g., trip start/stop, location, and speed data).
- Maintenance and repair logs for the scooter.
- Event data from involved vehicles.
- Weather reports and road maintenance records.
- Witness statements taken promptly while memories are fresh.
Practical Tips to Protect Your Case
- Use a single notebook or app to keep a pain journal and log missed work.
- Request the 911 audio and CAD logs early; some agencies purge quickly.
- Send preservation letters to scooter companies and businesses with cameras.
- Fill prescriptions and follow treatment plans to avoid gaps in care.
- Keep damaged gear (helmet, clothing) in a bag as physical evidence.
Quick Checklist
- Doctor visit within 24–48 hours and follow-ups scheduled
- Photos/video of scene, scooter, vehicles, and injuries
- Ride ID, app screenshots, and trip receipt saved
- Witness names and contact information captured
- Police report number noted and copy requested
- Insurance claim numbers documented
- Preservation letters sent for video and scooter data
Dealing With Insurance and Scooter Apps
Auto insurers may dispute liability in e-scooter crashes. Shared scooter apps frequently include arbitration clauses and class-action waivers that can affect how and where claims proceed; they may also include liability waivers. These provisions are context-dependent and not always enforceable. For examples, see Lime Terms and Bird Terms. Do not accept a quick settlement or sign releases before legal review.
Injuries and Damages You May Recover
Depending on the facts, recoverable damages may include medical expenses, lost wages or earning capacity, pain and suffering, physical impairment, scarring, and property damage. In product defect cases, additional remedies may be available.
Deadlines and Notice Requirements
In Texas, most personal injury claims must be filed within two years of the injury. See Tex. Civ. Prac. & Rem. Code § 16.003. Claims involving government entities are subject to governmental immunity and special notice rules—written notice is generally required within six months, and some cities impose shorter charter deadlines. See Tex. Civ. Prac. & Rem. Code ch. 101 (including § 101.101).
Common Mistakes to Avoid
- Returning or discarding the scooter without documenting its condition.
- Failing to preserve app data and device screenshots.
- Delaying medical care or missing follow-up appointments.
- Giving recorded statements to insurers without counsel.
- Posting accident details or opinions online.
- Ignoring local rules on where scooters may operate, which can affect fault disputes.
How a Texas Attorney Can Help
An attorney can secure and preserve evidence from scooter companies, insurers, and public agencies; evaluate comparative fault; address arbitration or waiver provisions; coordinate medical documentation; and negotiate or litigate your claim. Early legal involvement can help prevent critical evidence from being lost.
What to Bring to Your Consultation
- Photos/videos of the scene and injuries
- Police report number and responding agency
- Medical records and bills to date
- Insurance cards and communications
- Scooter app screenshots, trip receipts, and any emails
- Names and contact info for witnesses
FAQ
Do Texas helmet laws affect my claim?
Texas does not have a statewide helmet mandate for adult e-scooter riders, but not wearing a helmet can be raised in comparative fault arguments. Medical evidence can help address causation and injury severity.
Can I ride on sidewalks in Texas?
Rules vary by city. Some municipalities restrict sidewalk riding or set speed limits. Violations can factor into fault, so check local ordinances for where you rode.
What is the statute of limitations?
Most Texas personal injury claims must be filed within two years of the injury, with shorter notice deadlines for government-related claims.
What if the driver fled the scene?
File a police report immediately. Uninsured motorist coverage, business cameras, and app data may help identify the driver or provide alternative recovery.
How much does it cost to hire a lawyer?
Many Texas injury lawyers use contingency fees, so you pay only if there is a recovery. Ask about terms and case costs at your consultation.
Need help? Talk with a Texas injury lawyer about your e-scooter crash. Contact us.
Disclaimer: This content is for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Texas law and local rules vary by city, and deadlines depend on your facts. Consult a licensed Texas attorney about your situation.