Electric scooters have become a fixture on Austin’s streets, bike lanes, and sidewalks, but their convenience can come at a serious cost. When a crash occurs, victims often face broken bones, head trauma, and road rash, while simultaneously navigating a complex web of insurance policies, scooter company agreements, and disputed liability. Understanding who is responsible and how to pursue compensation is one of the most important steps you can take after being hurt.
At Byrd Davis Alden & Henrichson, LLP, our attorneys have helped accident victims across Texas pursue the justice they deserve for over 65 years. As Austin’s oldest personal injury law firm, we understand the nuances that come with emerging transportation claims, and we’re here to help you make sense of your options. If you or a loved one were hurt in an electric scooter accident, our team is prepared to stand in your corner.
Who Can Be Held Liable in an Electric Scooter Accident
Identifying the at-fault party in a scooter crash is rarely straightforward. Depending on how the accident happened, responsibility could fall on one or several parties simultaneously.
The Scooter Rider
If a rider was operating a scooter recklessly, speeding, running red lights, or riding while intoxicated, they can be held liable for injuries caused to others. Riders also accept certain terms of service when renting app-based scooters, and violations of those terms can be used against them in a claim.
The Scooter Company
Companies such as Bird, Lime, and Spin often include liability waivers in their rental agreements, but those waivers are not always enforceable. When a scooter has a defective brake, worn tire, or faulty battery, the company responsible for its maintenance may bear significant liability. Our product liability attorneys are experienced in holding manufacturers and rental operators accountable when equipment failures contribute to serious injuries.
Motorists and Third Parties
Many electric scooter injuries involve a collision with a car, truck, or other vehicle. According to the National Highway Traffic Safety Administration, when a motor vehicle is involved in a crash with a scooter rider, the outcome for the rider is typically far worse than in single-vehicle incidents. Drivers who fail to yield, are distracted, or are speeding can be held liable just as they would be in any other car accident claim.
What Compensation Can You Pursue
If you were injured in an electric scooter accident through no fault of your own, you may be entitled to recover damages for a range of losses.
The types of compensation available in a scooter liability claim often include:
- Medical expenses: Past and future costs for hospitalization, surgery, physical therapy, and ongoing care
- Lost wages: Income you were unable to earn during your recovery, as well as reduced earning capacity going forward
- Pain and suffering: Compensation for the physical pain and emotional distress caused by your injuries
- Property damage: Reimbursement for any personal property damaged in the crash, such as your bicycle or personal electronics
These categories are not exhaustive, and the full value of your claim depends heavily on the severity of your injuries and the circumstances of the crash. A thorough investigation conducted by an experienced attorney can uncover evidence that significantly strengthens your case.
Texas Law and Electric Scooter Accidents
Texas operates under a modified comparative fault rule, meaning your ability to recover compensation depends in part on the degree to which you were responsible for the accident. If you are found to be 51% or more at fault, you are barred from recovering damages entirely. Even if you are found partially at fault, your compensation will be reduced by your percentage of fault. This is why having skilled legal representation from the start matters so much in pedestrian and micromobility injury cases.
Texas law also has strict deadlines for filing personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit, but waiting too long can result in lost evidence, faded witness memories, and missed opportunities to build a strong case. Acting quickly gives our attorneys the best chance of preserving the facts and building the strongest possible argument on your behalf.
Byrd Davis Alden & Henrichson, LLP: Fighting for Austin Accident Victims
Byrd Davis Alden & Henrichson, LLP has been a pillar of Austin’s legal community since 1959, and our reputation speaks for itself. We are Top-Rated and Board Certified Personal Injury attorneys, listed in Super Lawyers, Best Lawyers, Best Law Firms, and the Bar Register of Pre-eminent Lawyers. Our firm has recovered over $100 million for clients with a 98% success rate, and we take every case on contingency, meaning you pay nothing unless we win.
If you were injured in an electric scooter accident in Austin or anywhere in Texas, do not hesitate to reach out to our team. Our experienced attorneys are ready to investigate your claim, identify every responsible party, and fight for the full compensation you deserve. Contact us today to schedule your free consultation.
