Bird Scooter Accidents in Texas

Where Bird Scooters Operate in Texas

Bird operates in Austin and San Antonio. These are Bird’s only Texas markets.

As of April 2024, Austin’s scooter program permits only Bird and Lime to operate. Bird runs approximately 3,000 scooters in Austin under the city’s 6,700-scooter fleet cap. Bird scooters are also available on the University of Texas at Austin campus, where they operate under geofenced speed zones.

In San Antonio, Bird operates in the city’s service area, which includes the UTSA campus.

Knowing which city your accident occurred in matters. Austin and San Antonio operate under different ordinances, and the rules governing where you can ride and how fast differ between them. If your crash happened on a university campus, it may also involve additional institutional reporting requirements.

Austin and San Antonio Rules for Bird Scooter Riders

The rules that govern Bird scooter use vary by city. You can raise violations of these rules as comparative fault arguments in your claim.

Austin

Austin’s updated ordinance, effective April 2024, sets a speed limit of 15 mph for Bird scooters throughout the city. In entertainment areas, the speed limit drops to 10 mph between 10 p.m. and 5 a.m.

You may ride on sidewalks, but you must do so in a reasonable and prudent manner, and you have to yield to pedestrians. You cannot park the scooter in a way that blocks pedestrian access or Americans with Disabilities Act pathways.

At UT Austin, Bird scooters are permitted on campus. The standard speed limit is 15 mph. Geofenced safety zones reduce the limit to 5 mph. You must park the scooter in a designated area. Students, employees, and visitors are required to display an appropriate UT Parking and Transportation Services permit.

San Antonio

San Antonio has some of the strictest e-scooter ordinances in Texas. You may use sidewalks when no bike lane is available, but you must maintain at least two feet of clearance from pedestrians.

Several areas in San Antonio prohibit Bird scooters entirely: the River Walk, Alamo Plaza, Mission Reach, and other designated leisure areas.

You must be at least 16 years old to use a Bird scooter in San Antonio. Also, a curfew prohibits use from 11 p.m. to 6 a.m.

At UTSA, Bird operates within the San Antonio service area. UTSA Parking and Transportation Services govern campus-specific rules. If your accident occurred on the UTSA campus, confirm whether campus rules applied to the specific location before filing a claim.

Bird’s Liability and Insurance Coverage

Bird’s user agreement includes liability waivers that riders accept before each ride. Under Texas law, most appeals courts have held that pre-injury waivers cannot shield a company from gross negligence claims. If Bird deployed a defective scooter or failed to maintain its fleet, the waiver may not hold.

Bird does not automatically cover rider personal injury through company insurance. City permit requirements for scooter operators primarily require insurance covering damage to public property.

Standard Texas auto insurance policies typically exclude e-scooters. Homeowners and renters policies generally do not cover damage caused by motorized vehicles. But scooters aren’t classified as motor vehicles under Texas law. Because they have fewer than four wheels, scooters are outside coverage. The Texas Department of Insurance has confirmed that standard auto policies typically will not cover e-scooter rider injuries.

If another vehicle driver caused your crash, that driver’s liability insurance is generally the primary source of recovery based on e-scooter laws and liability in Texas.

What to Do After a Bird Scooter Accident in Austin or San Antonio

Step 1: Get medical attention. Seek care even if your injuries seem minor at the scene. Medical records create documentation of what happened and when. Gaps in treatment can be used against you later.

Step 2: Report through the Bird app. Bird provides in-app incident reporting. Use it to create an official record with the company immediately after the accident.

Step 3: File a police report. Any crash involving injury or property damage should have a police report on file. In Austin and San Antonio, this is important for establishing an official account while the facts are still fresh.

Step 4: Document the scene. Photograph the scooter, any visible defects, your injuries, road conditions, and the surrounding area. Note the location of any security cameras on nearby buildings or businesses.

Step 5: Preserve evidence. Send written requests to businesses and city agencies with cameras in the area before footage is overwritten. Surveillance video typically overwrites within 24 to 72 hours. A bird scooter accident lawyer can send preservation letters the same day you call.

Legal Options After a Bird Scooter Accident

The details of how your accident happened affect who is liable in a scooter accident.

Bird may be liable if the scooter was defective or if the company failed to maintain its fleet in Austin or San Antonio. A product liability theory may also apply if a mechanical failure caused the crash.

If a motor vehicle driver caused the accident, that driver is the primary defendant. Their liability insurance is the starting point for recovery.

The City of Austin or the City of San Antonio may bear responsibility if a road defect caused the crash. Claims against Texas government entities are governed by the Texas Tort Claims Act. CPRC Chapter 101 requires notice within 90 to 180 days, depending on the entity. Municipal liability is capped at $250,000 per person and $500,000 per occurrence.

If you were hit by a Bird scooter rider as a pedestrian, you have a personal injury claim against the rider. Depending on the facts, Bird may also bear some responsibility if the scooter was defective or negligently maintained.

Texas’s proportionate responsibility rule applies to all of these claims under CPRC Chapter 33. Your recovery is reduced by your assigned fault percentage. If you are more than 50% responsible, recovery is barred entirely.

The filing deadline is two years from the date of the accident under CPRC § 16.003. Claims against government entities require notice within a shorter window before you can file suit.

Work with a Texas Personal Injury Attorney

Bird scooter accident claims involve coverage gaps, liability waivers, comparative fault rules, and, in some cases, government entity procedures. An attorney can evaluate which parties are responsible and what recovery is available.

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. You can review our past case results to understand how we approach these claims. To discuss your situation, contact us for a free consultation.

Past results do not guarantee future outcomes.