Were You Hit by an E-Scooter as a Pedestrian?

You were hit by an electric scooter while walking near Congress Avenue in Austin. Now you may be dealing with injuries, medical bills, and questions about who is responsible. The rider who hit you may be personally liable. Depending on the circumstances, a rental company, property owner, or government entity may also share responsibility.

Who May Be Liable After an E-Scooter Collision

More than one party may be responsible for your injuries. In Texas, pedestrian injury claims involving e-scooters, liability may extend beyond the rider, depending on the circumstances of your accident.

The Rider

The rider is the primary defendant. If the rider violated a traffic law, like riding in a prohibited area, speeding, or failing to yield to pedestrians, that violation may help establish fault.

Many personal e-scooter riders do not carry insurance that covers scooter-related accidents. Standard auto, homeowners, and renters policies often exclude coverage for motorized vehicles. Even if insurance coverage is limited, the rider may still be legally responsible for your injuries.

The Rental Company

Bird and Lime include liability waivers in their user agreements. Texas courts have ruled that some liability waivers may not be enforceable when serious negligence contributed to an injury.

If the scooter was defective, the brakes failed, or the company negligently maintained its fleet, the rental company may be liable.

If the rider simply rode carelessly, the rider is the primary defendant, and the rental company’s waiver is more likely to hold. The defect angle is what opens the door to liability for the company.

The City or Property Owner

If a defective sidewalk, an improperly designated scooter zone, or unsafe infrastructure contributed to the crash, the city may be responsible. The Texas Tort Claims Act governs claims against Texas government entities under CPRC Chapter 101. These claims often have shorter notice deadlines than other injury cases, sometimes as little as 90 to 180 days.

Municipal liability caps at $250,000 per person and $500,000 per occurrence. If the accident occurred on private property with a known hazardous condition, the property owner may also face liability.

What to Do If the Rider Fled

If the rider fled after hitting you, your case is not lost. Unlike a car hit-and-run, rental e-scooters leave a digital trail. Bird, Lime, and other rental platforms generate data for every ride. That data includes the GPS route, timestamps, and the scooter’s speed at every moment of the ride. It identifies the specific account holder who checked out the scooter at the time and location of your accident.

Law enforcement can subpoena that data. An attorney can send a preservation demand to the rental company the same day you call, before the records are deleted or overwritten.

Surveillance cameras at nearby businesses, traffic signals, and building entries may also have captured the incident. Footage typically overwrites within 24 to 72 hours. Filing a police report immediately after the accident creates the official record that supports any data request.

Evidence to Preserve After a Pedestrian-Scooter Accident

Photograph the scooter, any visible defects, your injuries, the road or sidewalk surface, and the surrounding area. Note every camera you can see on nearby buildings and businesses. Collect witness names and phone numbers while people are still at the scene. Seek medical attention and keep all your records. Gaps in treatment are a common defense argument, so document every injury, every visit, and every expense.

Contact an attorney as soon as possible. An attorney can send preservation letters to the rental company and nearby businesses before they delete surveillance footage. Acting quickly may help preserve important evidence that could support your claim.

What a Texas Pedestrian Injury Claim Looks Like

Texas proportionate responsibility governs your claim under CPRC Chapter 33. Your assigned fault percentage reduces your recovery. If a court finds you more than 50 percent responsible, recovery is barred entirely. In pedestrian-scooter cases, the rider typically bears most of the fault.

Recoverable damages may include medical expenses, lost wages, and pain and suffering. If the rider was intoxicated, reckless, or grossly negligent, additional damages may also be available in some cases. Questions about fault and compensation often arise in Texas e-scooter liability cases, especially when multiple parties may share responsibility.

The filing deadline is generally two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003. If a government entity is involved, notice requirements under the Texas Tort Claims Act may apply much sooner.

Talk to an Attorney About an E-Scooter Accident

Pedestrian injury claims arising from e-scooter accidents involve multiple potential defendants, evidence-preservation deadlines, and insurance coverage gaps. We can help identify the rider, preserve evidence, and investigate who may be responsible for your injuries.

Angel Reyes & Associates has represented injury victims across Texas for more than 30 years. We have recovered more than $1 billion for our clients. We offer free initial consultations and work on a no-fee-unless-you-win basis. Our case results include examples of injury claims we have handled across Texas. To discuss your situation, contact us for a free consultation.

Past results do not guarantee future outcomes.