Electric Scooter and E-Bike Accidents in Texas: Your Legal Rights
By Jonathan Hwang, JD | Personal Injury Attorney | Allen, TX
One of DFW's only attorneys focusing on personal electric vehicle accident claims
Electric scooters, e-bikes, electric unicycles, and other personal electric vehicles (PEVs) have transformed how people move around DFW cities. They have also created a new category of serious injury — and a legal landscape most injury victims do not understand.
How Texas Law Classifies PEVs
Texas Transportation Code Chapter 664 governs personal electric vehicles. Key definitions:
Electric bicycle (e-bike): A bicycle equipped with a motor of 750 watts or less. Texas classifies e-bikes in three classes based on top speed and whether the motor assists pedaling or operates independently.
Electric scooter: A two-wheeled device with a platform for standing, powered by an electric motor. Most rental scooters (Bird, Lime) fall here.
Electric unicycle / one-wheel: Devices with a single wheel, classified differently across Texas cities.
The classification matters for two reasons: it determines where you can legally ride, and it affects fault analysis when an accident occurs.
PEV Regulations by DFW City
Dallas. Dallas City Code Sections 28-58.1 and 28-58.2 designate cyclists and PEV riders as "vulnerable road users." Motorists must maintain at least three feet of clearance when passing. Violations constitute negligence per se — automatic negligence — in a personal injury case.
Fort Worth. Permits PEV operation in bike lanes and on streets with speed limits up to 35 mph.
Plano. Follows Texas state law for e-bikes and has adopted additional regulations for rental scooter programs.
Allen. Recognizes privately owned PEVs on designated paths and roadways consistent with state law.
Frisco. Has bike lanes on major corridors. Riders are permitted on streets and in bike lanes per state law.
Arlington. Has designated PEV-friendly zones, particularly around entertainment districts. Ordinances restrict scooter use on certain downtown sidewalks.
McKinney, Richardson, Garland. Follow Texas state law with limited city-specific restrictions.
Who Is Liable When a PEV Rider Is Injured?
Motor Vehicle Driver Negligence
The most common PEV accident: a car, truck, or motorcycle fails to yield to or give adequate space to a PEV rider. Liability theories include:
Failure to yield at an intersection
Unsafe lane change into a bike lane
Dooring — a driver opens a door into a PEV rider's path
Distracted driving (texting, GPS use)
Failure to maintain the minimum three-foot passing distance in jurisdictions with vulnerable road user statutes
Property Owner Negligence
Dangerous road or path conditions frequently cause PEV accidents: potholes, uneven pavement, defective shared-use path surfaces, inadequate lighting. TxDOT and municipalities may be liable for dangerous roadway conditions, though claims against government entities carry strict notice requirements and shorter deadlines.
Scooter Company Negligence (Rental PEVs)
If you were injured on a rented Bird, Lime, or similar scooter, the rental company may be liable for defective equipment, inadequate maintenance, or failure to remove damaged scooters from service. Rental agreements contain liability waivers, but these are not always enforceable under Texas law. An attorney evaluates whether the waiver bars your claim.
Product Liability (Defective PEV Equipment)
If your PEV itself failed — brakes did not engage, battery caught fire, frame fractured — the manufacturer or retailer may face strict product liability claims. Document the defect immediately and do not allow the device to be repaired or discarded.
Damages in Texas PEV Accident Cases
PEV riders are often seriously injured because they lack the protection of a vehicle frame. Common injuries include road rash requiring skin grafting, fractures (wrists, clavicle, ankle), traumatic brain injury, spinal cord injuries, and shoulder injuries.
Recoverable damages include medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, physical impairment and disfigurement, and mental anguish.
The Helmet Issue: Does Not Wearing a Helmet Affect Your Claim?
Texas law does not require adults to wear helmets when operating most PEVs. However, not wearing a helmet can be used as comparative fault evidence if you suffered a head injury. This is a damages argument — it may reduce the head injury component of your recovery without eliminating your overall claim.
What to Do If You Were Injured in a PEV Accident
Call 911. Get a police report.
Photograph everything — your PEV, the vehicle involved, road conditions, injuries, and the scene.
Preserve the PEV. Do not repair or discard the device if it may have been defective.
Document the rental record if you rented the scooter — screenshot your rental history in the app.
Seek medical attention the same day.
Identify witnesses and get their contact information.
Contact an attorney who understands PEV law before speaking to any insurance company.
Why PEV Cases Require a Specialized Approach
PEV accidents are not simply "bike accidents." The applicable statutes, local ordinances, rental company liability frameworks, and product defect theories are distinct from traditional motor vehicle cases. The Law Office of Jonathan Hwang has developed comprehensive expertise in Texas PEV law — including city-by-city ordinance analysis for every major DFW municipality.
The Law Office of Jonathan Hwang, PLLC | Allen, TX | (214) 631-9545 | Free consultation | Contingency fee — no recovery, no fee.
