Texas E-Scooter Accident Lawyer: Get Max Compensation
Injured on an e-scooter in Texas? Learn how liability is determined, what compensation may be available, how insurance and municipal rules affect your claim, and how a Texas e-scooter accident lawyer can help you pursue maximum recovery.
Why e-scooter crashes are different
Electric scooters combine bike-like exposure with motor-vehicle traffic and fast-changing local rules. Cases often involve multiple potential at-fault parties—drivers, scooter riders, scooter companies, maintenance contractors, property owners, or cities—plus unique evidence such as app ride data, geofencing, and device logs. Prompt preservation of digital and physical evidence is critical.
Common causes and who may be liable
Liability in Texas turns on negligence and causation. In e-scooter cases, common factors include:
- Driver inattention, speeding, or failure to yield
- Dooring incidents
- Unsafe road conditions or construction zones
- Defective scooters or batteries
- Inadequate maintenance or improper fleet deployment
- Unsafe property conditions
Potentially responsible parties may include a negligent driver, the scooter company, a maintenance vendor, a property owner who created a hazard, or a governmental unit (subject to specific notice and immunity rules under the Texas Tort Claims Act). See Texas Transportation Code Chapter 545 for general motorist duties relevant to crash liability.
What compensation may be available
Depending on the facts, recoverable damages may include:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Physical impairment and disfigurement
- Property damage
In limited circumstances, exemplary (punitive) damages may be available if legal standards are met. Evidence from medical providers, employers, and the scooter app can help quantify losses.
Texas comparative fault can reduce recovery
Texas follows proportionate responsibility. If a claimant is found partially at fault, damages are reduced by that percentage. If the claimant is more than 50% responsible, recovery is barred. See Texas Civil Practice and Remedies Code Chapter 33.
Key evidence to secure early
- Scooter app ride data, screenshots, and account logs
- Device ID and scooter telemetry (speed, braking, last known location)
- Dashcam or surveillance video
- 911 audio and CAD logs
- Police crash report
- Scene photos, debris, and measurements
- Maintenance records and deployment logs
- Medical records
- Witness statements
- Roadway defect or construction records
Your lawyer can send preservation letters to the scooter operator and other parties to help ensure key data is not lost.
Practical tips to strengthen your claim
- Preserve the scooter and any damaged gear; do not return it until counsel advises.
- Turn off social media geotagging and avoid posting about the crash or your injuries.
- Follow medical advice consistently; gaps in care can be used against you.
- Keep a simple pain and recovery journal to document day-to-day limitations.
- Save all receipts and mileage related to treatment.
Scooter company terms and arbitration
Most e-scooter apps require users to accept terms that include arbitration, class-action waivers, and liability limitations. These provisions can affect where and how claims are pursued. Some agreements provide opt-out windows, subject to strict time limits. A lawyer can evaluate enforceability and strategy, including claims against third parties not bound by the terms.
Governmental entities and roadway defects
Claims against a Texas city, county, or state agency raise specialized issues under the Texas Tort Claims Act, including notice requirements, damage caps, and governmental immunity. Whether a condition is a premises defect or a special defect can change the duty owed and the proof required. Notice deadlines to governmental entities can be significantly shorter than general filing deadlines, so act promptly.
Insurance coverage to investigate
- At-fault driver’s auto liability policy (if a motor vehicle caused the crash)
- Your own auto policy’s UM/UIM and PIP/MedPay, which may apply even if you were not in a car, depending on policy language and whether a motor vehicle was involved
- Homeowner or renter liability policies (facts and exclusions vary)
- Commercial general liability policies for businesses that created hazards
- Product liability coverage for manufacturers or maintenance vendors
Coverage turns on policy definitions, exclusions, and coordination of benefits. An attorney can review policies and preserve timely claims.
E-scooter crash checklist
- Call 911 and obtain a crash report when appropriate
- Seek medical evaluation and follow treatment plans
- Photograph the scene, scooter, roadway conditions, and your injuries
- Save app data and screenshots; do not delete the app
- Gather witness names and contact information
- Avoid recorded statements to insurers before speaking with counsel
- Contact a Texas e-scooter accident lawyer to preserve evidence and manage claims
How our firm builds your case
We act quickly to secure device and app data, send preservation letters, collect scene and vehicle data, retain human factors and reconstruction experts, map geofencing and deployment records, analyze medical causation and damages, and negotiate with insurers. If necessary, we file suit and litigate to position your case for the best available recovery under Texas law.
Timing considerations
Legal deadlines in Texas can vary based on the parties and claims, and notice to governmental units may be required on short timelines. Speak with counsel as soon as possible so time-sensitive rights are protected.
FAQ
How long do I have to file a claim in Texas?
Most Texas personal injury claims have a two-year statute of limitations from the date of injury. Claims against governmental units may require notice within a much shorter period. Consult an attorney promptly to avoid missing deadlines.
Does helmet use affect my case?
Lack of a helmet does not bar a claim, but defense experts may argue it contributed to head injuries. It can factor into comparative fault and damages depending on the facts.
What if I agreed to arbitration in the scooter app?
Arbitration provisions can affect forum and procedure, but they may not bind third-party claims (such as against a negligent driver) and may have opt-out or enforceability issues. A lawyer can assess your options.
Can I recover after a hit-and-run?
Yes, if applicable coverage exists, such as UM/UIM on your auto policy or potentially other liable parties. Promptly report the crash to police and your insurer.
Free consultation
If you were hurt in a Texas e-scooter accident, we can evaluate liability, preserve critical evidence, and pursue the full compensation available under Texas law. Get your free consultation. Ready to talk? Contact us today.
Sources
- Texas Civil Practice and Remedies Code Chapter 33 (Proportionate Responsibility)
- Texas Civil Practice and Remedies Code Chapter 101 (Texas Tort Claims Act)
- Texas Transportation Code Chapter 545 (Rules of the Road)
Disclaimer
This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal outcomes and deadlines depend on specific facts and applicable Texas law. If you are outside Texas, consult a lawyer licensed in your jurisdiction.