Are Electric Scooter Riders Considered Pedestrians Under Texas Law?
Electric scooters have transformed how people move through downtown Austin, but they have also created a new category of vulnerable road users who are being killed and seriously injured at alarming rates. In 2025 alone, multiple scooter riders died in Austin after being struck by vehicles, and several of those drivers fled the scene. If you or a family member has been hurt while riding an e-scooter, the pedestrian accident lawyers at Shaw Cowart can help you understand whether your crash falls under pedestrian protections or vehicle regulations — and what that means for your legal claim.
The legal classification of electric scooter riders in Texas is not straightforward, and the answer to whether you are considered a pedestrian depends on where and how you were riding at the time of the crash. This distinction matters because it affects which laws apply, who is liable, and what insurance coverage is available. The personal injury attorneys at Shaw Cowart have been handling complex injury cases across Austin for 34 years and stay current on the evolving legal landscape around micromobility devices.
Austin saw at least three fatal scooter crashes in 2025, and each one raised questions about rider protections, driver responsibility, and city infrastructure. Pedestrian accident attorneys who handle scooter cases know that these victims often fall into a legal gray area that insurance companies exploit to deny or minimize claims. Understanding your rights before you accept any settlement is critical.
How Texas Law Classifies Electric Scooters
The Texas Transportation Code Definition
Under the Texas Transportation Code, electric scooters are generally classified as a type of motor-assisted vehicle, not as pedestrians. However, local municipalities have significant leeway in how they regulate scooter use. In Austin, scooters are permitted on sidewalks, in bike lanes, and on roadways with posted speed limits of 35 mph or less. This creates a patchwork of rules that affects your legal standing depending on exactly where you were riding when you were hit.
When a scooter rider is traveling on a sidewalk, courts may treat them more like a pedestrian for purposes of liability analysis. When a rider is in a bike lane or on the roadway, they are generally subject to the same rules as a bicyclist. This classification directly impacts whether the driver’s duty to yield pedestrian right-of-way applies and which traffic laws govern the interaction.
Fatal Scooter Crashes in Austin — 2025
On October 18, 2025, a scooter rider was struck at the intersection of East 11th Street and San Jacinto Boulevard in downtown Austin at 11:34 p.m. The driver fled the scene. The victim, Saadeddine, was rushed to a hospital and died the following day. APD released photos of the suspect vehicle, according to CBS Austin.
On November 15, 2025, another scooter rider was struck and killed by a vehicle in downtown Austin, making it the second fatal scooter crash in the downtown core in less than a month. And on August 18, 2025, a man was struck and killed while riding a scooter in the 10600 block of North FM 620. The driver remained on scene and cooperated with investigators. That crash was Austin’s 65th fatality of the year, according to KXAN.
Who Is Liable When a Scooter Rider Is Hit?
Liability in a scooter accident can extend beyond just the driver who struck you. Depending on the circumstances, multiple parties may share responsibility. The driver of the vehicle that hit you is liable if they were speeding, distracted, impaired, failed to yield, or otherwise negligent. The scooter rental company — Lime, Bird, Lyft, or others — may be liable if the scooter was defective, had malfunctioning brakes, or lacked proper lighting. The City of Austin may bear responsibility if a poorly designed intersection, missing signage, or inadequate infrastructure contributed to the crash. And if a construction zone or road hazard forced you into an unsafe position, the responsible contractor could also be a party to the claim.
Insurance Coverage for Scooter Accidents
One of the biggest challenges in scooter accident cases is insurance coverage. The driver’s auto liability policy should cover injuries they cause to a scooter rider, just as it would cover a pedestrian or bicyclist. If the driver fled or is uninsured, your own uninsured/underinsured motorist policy may apply. The scooter rental company typically carries liability insurance as well, though the terms and limits vary by company and can be difficult to navigate without legal help.
If you have health insurance, it can cover your immediate medical treatment regardless of who is at fault. When the case settles, your health insurer is reimbursed from the settlement through a process called subrogation. Do not skip medical treatment because you are unsure who will pay — your health comes first.
Protecting Your Rights After a Scooter Crash
The steps to protect yourself after a scooter accident are similar to any pedestrian crash. Call 911. Get medical attention immediately. Photograph the scene, the vehicle, the scooter, and your injuries. Get the driver’s information and contact details from witnesses. Do not admit fault. Do not give a recorded statement to any insurance company. And do not accept a settlement before you know the full extent of your injuries.
Texas gives you two years to file a personal injury claim after a scooter accident. The pedestrian accident attorneys at Shaw Cowart offer free consultations for scooter accident victims across Austin. If you have a legal question — call us at 512-842-7085.