In Texas, an electric scooter rider hit by a car can usually claim against the driver who caused the crash, and a rider hurt by a defective rental scooter may have a claim against the scooter company or manufacturer. Pedestrians struck by scooters may have claims too. Owsley Law Firm handles e-scooter injury claims and charges no fee unless it wins.
Who is liable for an e-scooter accident?
Liability depends on how the crash happened.
- A driver who struck the rider, turned across the rider’s path, or opened a door
- A shared scooter company if a brake, throttle, wheel, or battery defect caused the crash, or if the scooter was poorly maintained
- A scooter manufacturer for a design or manufacturing defect
- A city or property owner in limited cases involving a dangerous surface
- Another scooter rider who struck a pedestrian or rider
What if a car hit me on a scooter?
Drivers must watch for and yield to scooter riders the same way they must for cyclists and other traffic. Right turns across a rider, left turns in front of a rider, drivers pulling out of driveways, and distracted rear-end crashes are common. The driver’s liability insurance is the main source of recovery. Your own auto policy’s uninsured and underinsured motorist coverage may also protect you, depending on its language, and should be checked.
Can I sue the scooter rental company?
Shared scooter companies rent vehicles to the public and are responsible for maintaining them. A brake that fails, a throttle that sticks, a stem that collapses, or a wheel that separates can cause a serious fall. These claims may be framed as negligence or product liability under Chapter 82 of the Civil Practice and Remedies Code. Rental apps usually require users to accept terms of service with limits on claims and arbitration provisions, which must be reviewed. The scooter, the app records, and the company’s maintenance data are key evidence.
What injuries do scooter riders suffer?
Scooters have small wheels and offer no protection, so a pothole or curb can throw a rider. Common injuries include head injuries and concussions, facial and dental injuries, wrist, elbow, and arm fractures, ankle and leg fractures, and road rash. Riders struck by cars can suffer far more serious injuries. Many scooter riders do not wear helmets, and while Texas does not require adult helmets, the defense may raise it on head injuries.
What if a scooter rider hit me as a pedestrian?
A scooter rider who strikes a pedestrian on a sidewalk or in a crosswalk may be liable for negligence. Recovering from an individual rider can be hard without insurance, so the firm looks at homeowner’s or renter’s policies and, for shared scooters, at the company’s coverage. Cities set their own rules on where scooters can be ridden and parked, and violations can be evidence of negligence.
Where do scooter accidents happen in Texas cities?
Shared scooters are most common in downtowns, university areas, and entertainment districts in Texas cities. Crashes happen on streets without bike lanes, at intersections where drivers do not expect a fast-moving scooter, on uneven sidewalks, and at night when riders are hard to see. City rules about where scooters may be ridden vary, and a city’s permit terms with scooter companies can impose maintenance and insurance requirements that become relevant in a claim.
How much is a scooter accident claim worth?
Value depends on the injuries and their effect on work and life, the medical bills, fault, and the available insurance. When a car caused the crash, the driver’s liability policy and your own UM/UIM coverage are the main sources. When a defect caused it, the scooter company or manufacturer may be responsible. Head injuries and fractures common in scooter falls can make these claims significant.
What insurance covers a scooter rider?
When a car causes the crash, the driver’s liability coverage pays first. If the driver had no insurance or not enough, your own auto policy’s uninsured and underinsured motorist coverage may apply, and your PIP may pay medical bills and lost wages, depending on how the policy defines a covered person and vehicle. Health insurance pays treatment, subject to reimbursement from any recovery. Shared scooter companies carry their own insurance, and their rental terms should be reviewed for what they cover and what they exclude. Homeowner’s or renter’s insurance may cover a rider who injures someone else.
What should you do after a scooter crash?
Get medical care. Take screenshots of the rental app showing the ride, scooter number, and time. Photograph the scooter, the scene, and any defect. Do not return the scooter to service if a defect is suspected; report it to the company in writing and keep a copy. Get the driver’s information if a car was involved and the names of witnesses. Do not sign anything from the company before getting advice. The two-year deadline under section 16.003 applies.
Common questions
What clients ask about electric scooter accidents.
Can I recover if I was riding a rental scooter?
Yes, if a driver, the company, or a defect caused the crash. The app’s terms of service should be reviewed, but they do not erase a driver’s liability.
Do I need a helmet on an e-scooter in Texas?
Texas has no statewide adult helmet requirement. Not wearing one does not bar recovery, though the defense may raise it on head injuries.
Does car insurance cover scooter accidents?
Your own UM/UIM and PIP coverage may apply depending on the policy language. The at-fault driver’s liability coverage applies if a car caused the crash.
What evidence do I need after a scooter accident?
App records, photos of the scooter and scene, medical records, and witness information. Preserve the scooter if a defect is suspected.
Can I sue a scooter company for a brake failure?
Possibly, under negligence or product liability theories, subject to the rental terms. Preserving the scooter is critical.