Texas E-Scooter Accident? Call a Personal Injury Pro

Electric scooters can be convenient and fun, but crashes often lead to serious injuries. Because e-scooters share space with cars, bikes, and pedestrians, multiple parties and insurance policies may be involved, and Texas fault rules can affect the outcome of your claim.

Why e-scooter cases are different

E-scooters combine motor-vehicle rules with pedestrian and bicycle dynamics. Riders are exposed to the road, visibility can be limited, and responsibility may be shared among drivers, riders, scooter companies, cities, or property owners. Texas applies a modified comparative fault system (called proportionate responsibility), which can reduce your recovery by your percentage of fault and bars recovery if you are more than 50% at fault. See Tex. Civ. Prac. & Rem. Code ch. 33.

Common causes of Texas e-scooter accidents

• Drivers failing to yield or unsafe lane changes
• Dooring incidents in bike lanes or near curbs
• Poor road conditions: potholes, debris, loose gravel
• Defective scooters: brakes, throttles, stem or wheel failures
• Inadequate lighting or signage
• Riding on sidewalks where local rules prohibit it
• Speeding or impaired operation by any party

Who can be held liable?

• Negligent motorists who violate traffic laws and cause a collision
• Scooter riders, if unsafe operation contributes to the crash
• Scooter companies for device defects or negligent maintenance
• Property owners for unsafe premises conditions
• Government entities for dangerous road defects, subject to immunity limits and notice prerequisites
• Third-party contractors responsible for road work or maintenance

Texas fault and damages basics

Under Texas’s proportionate responsibility system, an injured person may recover damages so long as they are not more than 50% responsible; any award may be reduced by their percentage of fault. See Tex. Civ. Prac. & Rem. Code ch. 33.

Recoverable damages can include medical expenses, lost income, pain and suffering, physical impairment, disfigurement, and property damage. Exemplary (punitive) damages are available only in limited cases involving fraud, malice, or gross negligence and are subject to statutory limitations. See Tex. Civ. Prac. & Rem. Code ch. 41.

What to do after an e-scooter crash

• Call 911 to report the crash and seek medical care
• Photograph the scene, scooter, vehicles, hazards, and your injuries
• Preserve the scooter if possible; do not attempt repairs
• Gather witness names, contact information, and any video sources (dashcams, nearby businesses)
• Note road defects, weather, lighting, and signage
• Avoid recorded statements to insurers before legal guidance
• Save ride data and app screenshots showing time, route, and scooter ID

Key evidence that can help your claim

• Police crash report and any citations
• Medical records linking injuries to the incident
• Scooter telematics or app ride logs
• Vehicle event data recorders (EDRs) and dashcam footage
• Maintenance and inspection records for the scooter
• City 311 or public works reports on road hazards
• Expert analysis: human factors, accident reconstruction, product failure

Product and maintenance issues

Some e-scooter injuries stem from component failures or inadequate maintenance. Potential claims can involve design defects, manufacturing defects, or failure to warn. Preservation letters are crucial to keep the scooter and its data intact for inspection. Do not discard parts or return the device without legal advice.

Government liability considerations

Claims against Texas governmental units have special notice and liability rules, including damages caps and exceptions (such as discretionary-function immunity). Strict notice deadlines may apply. See the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code ch. 101).

Insurance and coverage

• Auto liability coverage of a negligent driver may apply when a vehicle hits a rider
• Your own auto policy may provide UM/UIM or PIP/MedPay benefits depending on the policy
• Scooter rental agreements may include limited coverage and important waiver language — read the terms
• Homeowners or renters policies often exclude coverage for motorized vehicles; in some situations limited third-party coverage may apply — policy terms control

How a Texas personal injury lawyer can help

• Investigate fault and identify all responsible parties
• Secure and preserve scooter and vehicle data
• Work with experts to reconstruct the crash and analyze potential product defects
• Handle insurer communications and negotiate for full compensation
• Calculate damages and address comparative fault arguments
• File suit and litigate if insurers refuse a fair resolution

Deadlines and why speed matters

Legal deadlines vary based on who is at fault, the type of claim, and whether a government entity is involved. Some claims require specific notice to preserve your rights, and missing a deadline can bar recovery. Consult a lawyer promptly to determine which timelines apply to your situation. For claims involving governmental units, see the Texas Tort Claims Act.

FAQ

How long do I have to file an e-scooter injury claim in Texas?

Many personal injury claims have a two-year statute of limitations, but claims against governmental entities can have shorter notice requirements. Speak with a lawyer promptly to confirm deadlines for your case.

What if I was not wearing a helmet?

Lack of a helmet does not automatically bar recovery, but insurers may argue comparative fault. Damages could be reduced if not wearing a helmet contributed to the severity of head injuries.

Can I recover if I am partly at fault?

Yes, unless you are more than 50% at fault. Any recovery may be reduced by your percentage of responsibility under Texas’s proportionate responsibility rules.

Will my auto insurance cover an e-scooter crash?

It depends on your policy. UM/UIM and PIP/MedPay may apply in some scenarios. Review your policy language and exclusions.

Free consultation

If you were hurt in a Texas e-scooter crash, a quick case review can clarify your options. We can assess liability, protect key evidence, and pursue the compensation you deserve. Contact us for a free consultation.

Sources

• Texas Civil Practice & Remedies Code, Chapter 33 (Proportionate Responsibility)
• Texas Civil Practice & Remedies Code, Chapter 41 (Damages)
• Texas Civil Practice & Remedies Code, Chapter 101 (Texas Tort Claims Act)

Texas-specific disclaimer: This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and deadlines vary by case and jurisdiction. Consult a licensed Texas attorney about your specific situation.