Motorized Scooter & E‑bike Accidents in San Antonio: Who’s Liable?

San Antonio faces a growing challenge when it comes to the safety of micromobility users. As e-bikes and motorized scooters become more popular, questions about who is liable after an accident are at the top of riders’ minds. Addressing safety concerns requires not only better infrastructure but also a clear understanding of the legal responsibilities shared by everyone on the road.

Common causes of motorized scooter and e-bike accidents

Crashes involving motorized scooters and e-bikes can happen in an instant and are generally caused by a combination of risk factors. Everyone on the road should be aware of their surroundings to keep safe. This includes obeying traffic signals, giving way to pedestrians, and wearing lights or reflective gear at night.

Accidents usually occur due to driver error, lack of paying attention, or unsafe road conditions.

Driver-related factors

The primary contributing factors to motorized scooter and e-bike crashes are driver inattention, for example, not noticing stop signs and stop lights.

Distracted driving has also become increasingly hazardous, with drivers engaging in activities such as texting, making phone calls, or adjusting GPS systems while behind the wheel. These lapses in attention, even for just a moment, can have devastating consequences for motorized scooter and e-bike riders who lack the protection of a vehicle frame.

Speed also plays a critical role in accident severity. San Antonio’s wide roads can tempt drivers to exceed safe speeds, reducing reaction times and increasing impact severity. The difference between a collision at 25 mph and one at 45 mph can mean the difference between minor injuries and fatalities.

 Infrastructure challenges

The city has incomplete roads that don’t account for motorized scooter and e-bike riders. Many of San Antonio’s major corridors were designed primarily for vehicle traffic, leaving vulnerable people on the road at risk.

The downtown area presents particular challenges. Intersections in the city center experience a higher frequency of bicycle crashes. Traffic jams are a typical problem in busy city streets, where bikes, scooters, and cars are more likely to run into each other.

Understanding scooter accidents in San Antonio

The rise in popularity of electric scooters, also known as e-scooters, has added a new dimension to San Antonio’s traffic landscape. As more residents and visitors use scooters, it is vital to know the rules and potential liabilities.

Current e-scooter regulations

To address the safety of everyone on the road, San Antonio has established rules to protect riders. The city implemented clear, strict rules for e-scooter use:

• Riders must be at least 16 years old
• Only one person is allowed to ride at a time
• Riders must grant pedestrians the right-of-way
• Cell phones are prohibited while operating
• Scooters are not allowed in certain areas (Alamo Plaza, the River Walk, La Villita, Main Plaza, Market Square, and city parks)

Under Texas law, e-scooters are only permitted to operate on streets with speed limits of 35 mph or less. Violating San Antonio’s e-scooter ordinance is a Class C misdemeanor, punishable by a maximum fine of $500.

E-bike crash considerations

Electric bicycles present unique legal considerations in accident cases. Texas recognizes three classes of electric bikes, each with different speed capabilities and regulations:

• Class 1: Pedal-assist only, maximum speed of 20 mph
• Class 2: Throttle-assisted, maximum speed of 20 mph
• Class 3: Pedal-assist only, maximum speed of 28 mph

For accident victims, the e-bike classification can impact both liability determinations and insurance claims. Electric bicycles going any faster than these limits may be classified as mopeds or motorcycles. Being categorized as a moped or motorcycle requires registration and insurance. When pursuing compensation after an accident, this distinction is highly important.

San Antonio’s safe passing ordinance

This local ordinance sets strict requirements for vehicles passing vulnerable people on the road. San Antonio’s Safe Passing ordinance requires a safe passing distance of three feet for cars and six feet for commercial or large trucks. It also requires drivers to change lanes when passing vulnerable people on multi-lane roads. When changing lanes isn’t possible, drivers must pass at the required distance when safe.

In addition to e-scooter riders and cyclists (traditional and electric bikes), the ordinance also protects:

• Pedestrians;
• Construction and maintenance workers; and
• People using wheelchairs or mobility scooters.

Breaking the law is grounds for punishment as a Class C misdemeanor with a fine not exceeding $200.

Types of injuries and legal rights

Accidents involving motorized scooters or e-bikes can cause serious harm. It’s possible for victims to suffer from traumatic brain injuries, shattered bones, spinal injuries, and internal bleeding. The result can be the need for costly medical care and some victims may be left permanently disabled. Even seemingly minor injuries may lead to lasting impacts that make it hard to do work, do everyday tasks, or just enjoy life.

In Texas, those who are hurt in an accident can seek compensation for their medical bills, lost wages, pain and suffering, and damage to their property. The state follows a modified version of the comparative negligence rule. Under this rule, “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent,” meening 50% or less, and you still may have a claim.

If you decide to file a lawsuit, you generally must do so within two years from the date of the accident. This deadline is tight, making retaining legal counsel in a timely manner crucial.

Why hiring a personal injury attorney matters

An experienced personal injury attorney can investigate the accident, calculate damages, including medical expenses, negotiate with insurance companies, and manage deadlines.

Knowing your rights and San Antonio’s local ordinances is pivotal in these cases. The process of filing an insurance claim can be difficult, as insurers sometimes try to shift blame or minimize injuries.

You don’t have to deal with your case on your own if you’ve been injured in a pedestrian, bicycle, or scooter accident in San Antonio. Pat Maloney: Accident & Injury Attorney is experienced in handling these cases’ unique challenges. Set up a consultation with us to discuss your case and learn how we can help you pursue the compensation you deserve.