Lime, Bird, Spin accidents under Texas personal injury law
Texas e-scooter injury law: When you are injured while riding or by an e-scooter in Texas, you may have claims against the rental company, property owners, municipalities, or negligent third parties. Texas personal injury law under Tex. Civ. Prac. & Rem. Code provides a 2-year statute of limitations for these claims.
This guide covers Texas-specific liability frameworks for e-scooter injuries, including waiver enforceability, comparative fault rules, claims against Texas cities under the Tort Claims Act, and how to build a strong demand letter for maximum recovery.
I handle Texas e-scooter injury demand letters personally. Understanding Texas law on premises liability, product liability, and governmental immunity is essential for successful claims against companies like Lime, Bird, and Spin operating in Austin, Houston, Dallas, San Antonio, and other Texas cities.
Texas e-scooter injury claims are governed by the Texas Civil Practice and Remedies Code. Understanding these statutes is essential for building a successful demand letter and recovering compensation for your injuries.
Under Texas law, you have 2 years from the date of your e-scooter injury to file a personal injury lawsuit. This deadline applies to all claims arising from your accident, including:
Texas follows a modified comparative fault rule, also called the "51% bar." This significantly affects e-scooter injury claims:
| Your Fault Percentage | Effect on Recovery |
|---|---|
| 0-50% | You can recover damages, reduced by your fault percentage |
| 51% or more | You recover nothing - claim is completely barred |
Every e-scooter rental app requires users to agree to liability waivers before riding. Texas courts generally enforce these waivers, but with important exceptions:
If your e-scooter injury was caused by a dangerous road or sidewalk condition maintained by a Texas city or county, you must comply with the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101):
Damage caps for government claims:
Texas e-scooter injuries often involve multiple potentially liable parties. Identifying all responsible parties is critical for maximum recovery.
Lime, Bird, Spin, and other operators may be liable for defective equipment, inadequate maintenance, failure to warn of known hazards, or negligent deployment in dangerous areas.
Under Texas premises liability law, property owners must maintain safe conditions. Claims arise from potholes, broken sidewalks, debris, unmarked obstacles, and inadequate lighting.
Municipal liability under the Texas Tort Claims Act for dangerous road conditions, defective sidewalks, missing signage, and negligent infrastructure maintenance.
Motorists who strike e-scooter riders or force them into dangerous situations. Texas requires drivers to share the road safely with all users.
Product liability claims for design defects, manufacturing defects, or failure to warn. Common issues include brake failures, throttle malfunctions, and battery fires.
Pedestrians who suddenly step into scooter paths, create obstacles, or engage in reckless behavior that causes collisions with e-scooter riders.
Texas maintains the traditional common law classifications for premises liability. Your status as a visitor affects the duty owed to you:
| Visitor Status | Duty Owed by Property Owner |
|---|---|
| Invitee (e.g., customer on business property) | Duty to inspect for hidden dangers and warn or make safe |
| Licensee (e.g., social guest) | Duty to warn of known hidden dangers |
| Trespasser | Duty to refrain from willful injury (limited exceptions) |
Strong documentation is essential for Texas e-scooter injury claims. Given comparative fault rules, you must prove both defendant negligence and minimize arguments about your own fault.
Photograph the exact location, road/sidewalk condition, the scooter, any debris or hazards, traffic signs, lighting conditions, and your visible injuries.
Record the scooter's unique ID number, take screenshots of your rental app showing the ride, and request your complete ride history from the company.
Get names, phone numbers, and emails of anyone who saw the accident. Ask if they noticed the hazard before your fall or observed the scooter malfunctioning.
Call police to document the accident. Request the case number and obtain copies of police reports and EMS run sheets documenting your injuries and the scene.
E-scooter companies routinely delete ride data after short retention periods. Send a preservation letter immediately demanding retention of:
Your demand letter must establish liability under Texas law, document damages, and anticipate defenses based on comparative fault and waiver provisions.
Open by establishing Texas jurisdiction and noting the 2-year statute of limitations under Tex. Civ. Prac. & Rem. Code Section 16.003. If the claim involves a government entity, note compliance with the Texas Tort Claims Act notice requirements.
Provide a detailed, factual description of the accident: date, time, location, weather conditions, the scooter you rented, the hazard or defect that caused your injury, and how the accident occurred.
Apply Texas law to the facts. For negligence claims, establish duty, breach, causation, and damages. For premises liability, identify your status (invitee, licensee) and the property owner's failure to maintain safe conditions or warn of hazards.
Anticipate arguments that you were at fault and address them directly. Explain why you were not negligent, or why the defendant's negligence far exceeded any minor fault on your part.
If suing the scooter company, explain why their waiver does not bar your claim: gross negligence, product defect, hidden hazard, or unconscionability.
Itemize all damages: medical expenses (past and future), lost wages, pain and suffering, mental anguish, physical impairment, and any disfigurement. Texas allows full recovery of non-economic damages in most personal injury cases.
State your demand amount and provide a deadline for response (typically 30 days). Warn that litigation will follow if no reasonable settlement offer is received.
I personally draft and negotiate Texas e-scooter injury demand letters for clients throughout Texas. These cases require knowledge of Texas personal injury law, comparative fault analysis, and strategies to overcome liability waivers.
I evaluate your claim under Texas personal injury law, assess comparative fault exposure, and identify all potentially liable parties.
I prepare comprehensive demand letters citing Texas statutes, addressing waiver arguments, and documenting your full damages.
I send immediate preservation demands to e-scooter companies before critical ride data is deleted.
I negotiate directly with insurance adjusters and corporate counsel to maximize your recovery.
I handle Texas e-scooter injury demand letters personally. Contact me for a case evaluation.
Email: owner@terms.lawTexas has a 2-year statute of limitations for personal injury claims under Tex. Civ. Prac. & Rem. Code Section 16.003. You must file your lawsuit within 2 years of the date of your e-scooter injury. If your claim involves a government entity (city sidewalk, for example), you must also provide written notice within 6 months under the Texas Tort Claims Act.
Texas courts generally enforce liability waivers, but they have limits. Under Texas law, waivers cannot release liability for gross negligence, intentional misconduct, or certain product defects. If the scooter company knew about a dangerous mechanical defect and failed to fix it, or if their maintenance negligence was grossly reckless, the waiver may not protect them.
Texas follows a modified comparative fault rule under Tex. Civ. Prac. & Rem. Code Section 33.001. You can recover damages only if you are 50% or less at fault. If a jury finds you 51% or more responsible for your e-scooter accident, you cannot recover anything. Your damages are reduced by your percentage of fault - so if you are 20% at fault, you recover 80% of your damages.
Multiple parties may be liable: the e-scooter rental company (Lime, Bird, Spin) for defective equipment or negligent maintenance; property owners for hazardous sidewalk conditions; cities for dangerous road defects (subject to Texas Tort Claims Act); negligent drivers who caused collisions; and scooter manufacturers for product defects.
Texas allows recovery of economic damages (medical bills, lost wages, future medical care) and non-economic damages (pain and suffering, mental anguish, physical impairment, disfigurement). There is no cap on personal injury damages in most negligence cases. However, claims against government entities under the Texas Tort Claims Act are capped at $250,000 per person and $500,000 per occurrence.
Yes. Under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101), you must provide written notice to the governmental unit within 6 months of the incident. This notice must describe the incident, your injuries, and your damages. Failure to provide timely notice may bar your claim entirely, regardless of its merits.