Liability in Pedestrian Accidents Involving Electric Scooters on Sidewalks
Electric scooters have rapidly transformed urban mobility across Texas cities like Austin, Dallas, Houston, and San Antonio. These lightweight, dockless vehicles are marketed as convenient alternatives to driving or walking short distances. However, their growing popularity has introduced new safety concerns, particularly when riders operate scooters on sidewalks.
One of the most pressing issues is the risk of collisions between scooter riders and pedestrians. In many of these incidents, questions arise about who is responsible for the resulting injuries and whether the injured party has a valid personal injury claim.
At Jose Orihuela, Attorney at Law, I represent individuals injured due to the negligence of others in Webster, Texas, including those involved in pedestrian accidents with electric scooters. As the use of electric scooters grows, so do incidents on sidewalks that can result in serious injuries.
Understanding liability in sidewalk scooter accidents is essential for both pedestrians and riders. Here, I’ll examine how liability is determined in these accidents and what injured pedestrians should understand to protect their rights in personal injury claims.
Electric Scooters and Sidewalk Use in Texas
Each Texas city has its own regulations regarding where electric scooters can be operated. While state law gives municipalities the authority to regulate scooters, there’s no universal rule across Texas. This patchwork of rules leads to confusion among riders and pedestrians alike.
In some cities, scooters are prohibited from sidewalks altogether. In others, riding on the sidewalk is allowed in specific areas or during certain hours. For example:
Austin generally prohibits scooter use on sidewalks in the downtown area.
Dallas doesn’t have an active scooter program as of 2025, but when it did, sidewalk riding was a concern.
Houston permits sidewalk riding in limited circumstances, depending on the street classification.
Because the rules vary so much, it can be difficult to determine fault in the event of a collision between a scooter and a pedestrian. This makes understanding liability—and potential personal injury claims—even more critical.
Common Causes of Scooter-Pedestrian Collisions
Electric scooter accidents involving pedestrians can occur in various ways, often resulting in serious injuries. The following are some of the most common causes:
Reckless riding – Riders who speed, weave through crowds, or perform stunts on sidewalks increase the risk of injury to others.
Inattention – Riders may be looking at their phones or listening to music, reducing their awareness of their surroundings.
Improper parking – Scooters left on sidewalks can block walkways and trip pedestrians.
Poor visibility – Nighttime riding without proper lighting increases the chances of striking someone.
Shared space conflicts – Narrow sidewalks force riders and pedestrians to share limited space, heightening the risk of collisions.
In each of these cases, liability may rest on the scooter rider, the scooter company, or even the city, depending on the specifics. A qualified personal injury attorney can review the facts to determine the right course of action.
Legal Responsibilities and Duty of Care
Texas law applies the concept of "duty of care" to most injury claims, including those involving automobile accidents. This means individuals must act with reasonable care to avoid causing harm to others.
When a scooter rider uses a sidewalk, they have a duty to operate the scooter in a manner that’s safe and lawful. If a rider breaches that duty by riding too fast or failing to yield to pedestrians and injures someone, they may be held liable in a personal injury claim.
But the analysis doesn’t stop there. Other parties might also share responsibility:
Scooter companies: If a malfunction contributed to the accident (e.g., brake failure), the manufacturer or rental provider may be liable.
Municipalities: Poorly maintained sidewalks or unclear signage could make a city partially responsible.
Pedestrians: In some cases, pedestrians may contribute to their own injuries, for instance, by walking distracted or suddenly stepping into a rider’s path.
Texas follows a modified comparative fault rule, meaning a person can recover damages only if they’re less than 51% at fault for their own injuries. This rule directly impacts how personal injury damages are calculated in scooter-pedestrian accidents.
What to Do After a Scooter-Pedestrian Accident
If you’re involved in an accident as a pedestrian struck by a scooter—or as a rider injured while trying to avoid a pedestrian—you should take immediate steps to protect your legal rights.
Key Actions to Take:
Call 911: Report the incident to law enforcement and request medical attention if needed.
Document the scene: Take photos of the location, the scooter, any visible injuries, and any obstructions or hazards.
Collect information: Get the names and contact details of the rider, pedestrian, and any witnesses.
Seek medical care: Even if injuries seem minor, get evaluated by a healthcare provider.
Preserve evidence: Save any receipts, rental data from the scooter app, or video footage from nearby businesses.
Consult a lawyer: Speak with a personal injury attorney to assess your rights and build a potential claim.
Time matters. Texas law sets a two-year statute of limitations for personal injury claims, so delaying action could jeopardize your ability to recover damages.
Damages Recoverable in a Texas Personal Injury Case
Victims of scooter-pedestrian accidents may be entitled to recover compensation if another party is found liable. In Texas, personal injury claims typically include both economic and non-economic damages.
Possible Damages Include:
Medical expenses: Hospital bills, physical therapy, surgery, prescriptions, and future medical care.
Lost wages: Income lost due to missed work, including future loss of earning capacity.
Pain and suffering: Compensation for physical pain and emotional distress.
Loss of enjoyment: Reduced ability to engage in hobbies or daily activities.
Property damage: Repair or replacement of damaged personal items, such as phones or glasses.
The value of a claim depends on the severity of the injuries, the degree of fault, and the impact on the injured party’s life. A skilled personal injury attorney can evaluate these factors and pursue fair compensation through negotiation or trial.
Who May Be Liable?
Because multiple parties may be involved in a scooter-pedestrian collision, determining liability requires a careful look at all contributing factors. Here are potential defendants in a personal injury claim:
The rider: If the rider was negligent or riding illegally on the sidewalk.
The scooter company: If the scooter malfunctioned or if the company failed to address known safety risks.
The city: If poor maintenance, lack of signage, or street design contributed to the incident.
A third party: For example, a motorist who caused the rider to swerve onto the sidewalk.
Each case is unique, and liability must be proven with evidence. In some cases, more than one party may be held jointly responsible.
The Impact of Insurance in Scooter Accidents
One challenge in these cases is determining which insurance policies may apply. Many scooter companies include liability disclaimers in their user agreements, which can limit coverage for injuries. However, depending on the facts, other insurance may be involved:
Homeowner’s or renter’s insurance: May provide coverage if the rider was using their personal scooter.
Auto insurance: Usually doesn’t apply unless a car is involved.
Umbrella policies: Could offer additional protection in some personal injury cases.
If you're a pedestrian injured in a scooter accident, your own health insurance may cover your immediate medical costs, but this doesn’t affect your right to seek additional damages from the responsible party.
Speak With an Experienced Personal Injury Attorney Today
Electric scooter accidents involving pedestrians can result in serious injuries and complicated liability issues.
At Jose Orihuela, Attorney at Law, I serve clients in Webster, Texas; South Houston, Texas; Clear Lake, Texas; Friendswood, Texas; League City, Texas; Alvin, Texas; Houston, Texas; Dickinson, Texas; Bacliff, Texas; Kemah, Texas; Seabrook, Texas; and Santa Fe, Texas. Contact my firm today to discuss your personal injury case and explore your legal options.