The Rise of Micro-Mobility in the Alamo City

San Antonio has witnessed a significant transformation in urban transportation over the past few years. The introduction and rapid proliferation of electric bicycles (e-bikes) and electric scooters have created a new layer in our transportation ecosystem. These vehicles, collectively known as micro-mobility devices, offer convenient, eco-friendly alternatives to traditional transportation methods. However, their growing presence on San Antonio’s streets has also brought new safety concerns and complex liability questions that our legal system is still adapting to address.

As a law firm dedicated to protecting the rights of injured San Antonians, Ryan Orsatti Law is closely monitoring these developments to better serve our community. This comprehensive guide examines the emerging legal landscape surrounding e-bike and electric scooter injuries in San Antonio.

Understanding E-Bikes and Electric Scooters: A Brief Overview

Before delving into liability issues, it’s important to understand what these vehicles are and how they’re regulated.

Electric Bicycles (E-Bikes): These are bicycles equipped with an electric motor that can be used for propulsion. Under Texas law (Texas Transportation Code § 664.001), e-bikes are classified into three categories based on their maximum assisted speed and how the motor functions:

• Class 1: Provides assistance only when the rider is pedaling and stops assisting at 20 mph
• Class 2: Can propel the bicycle without pedaling and stops assisting at 20 mph
• Class 3: Provides assistance only when the rider is pedaling and stops assisting at 28 mph

Electric Scooters: These are stand-up scooters powered by electric motors. In Texas, electric scooters are defined under Transportation Code § 551.351 as devices designed to propel the rider standing upright, with a top speed of 20 mph on a paved level surface.

The Injury Landscape in San Antonio

San Antonio has seen a significant increase in micro-mobility-related injuries since these devices became widely available. According to data from local emergency departments and the San Antonio Police Department, injuries related to e-bikes and electric scooters have risen substantially since 2018.

Common injuries include:

• Head trauma and traumatic brain injuries
• Facial injuries and dental damage
• Fractures, particularly to the wrists, arms, and collarbones
• Lacerations and abrasions (“road rash”)
• Soft tissue injuries
• Spinal injuries

The severity ranges from minor scrapes to life-altering traumatic brain injuries and, in rare but tragic cases, fatalities. Research from the Southwest Texas Regional Advisory Council (STRAC) indicates that a significant percentage of these injuries occur to riders who were not wearing helmets at the time of the accident.

Evolving Liability Questions

The introduction of micro-mobility devices has created novel legal questions that don’t always fit neatly into existing frameworks. Let’s examine the key liability issues that arise in these cases:

1. Rider Liability

E-bike and scooter riders have legal responsibilities when operating these devices. In San Antonio, the city code requires:

• Riders must be at least 16 years old for electric scooters
• Riders must follow all traffic laws applicable to bicycles
• Riders cannot carry passengers on devices designed for one person
• Devices cannot be operated on sidewalks in business districts
• Riders must yield to pedestrians

Failure to follow these regulations can establish negligence in the event of an accident. For example, if a scooter rider injures a pedestrian while illegally riding on a downtown sidewalk, this violation would be strong evidence of negligence.

2. Vehicle Owner Liability

When an e-bike or electric scooter is privately owned, the owner may bear some liability if they:

• Allow an underage or inexperienced person to use the device
• Fail to maintain the device in safe operating condition
• Make illegal modifications that increase speed beyond legal limits

These situations can create liability under theories of negligent entrustment or general negligence principles.

3. Rental Company Liability

Many San Antonians use rental services rather than owning these devices. Companies operating in San Antonio include Lime, Bird, and Razor. These companies may face liability for:

• Inadequate Maintenance: Rental companies have a duty to inspect and maintain their fleet. Failures in brake systems, throttle mechanisms, or structural components can lead to accidents.
• App Interface Issues: If the rental app’s interface is confusing or distracting, it could contribute to accidents. This is particularly true if renters must interact with the app while riding.
• Improper Deployment: “Deployment zones” where companies place their devices must be chosen carefully. Devices deployed in hazardous areas or in ways that create obstacles can create liability.
• Inadequate User Instructions: Companies must provide clear instructions about proper operation and local laws. Failure to adequately inform users can create liability exposure.
• Geofencing Failures: Most companies use geofencing technology to prevent operation in prohibited areas. Malfunctions in this technology that allow operation in dangerous or prohibited areas could create liability.

However, rental companies typically employ robust user agreements that include liability waivers and arbitration clauses. These agreements are designed to limit the company’s exposure to lawsuits, although their enforceability may be challenged in certain circumstances.

4. Municipal Liability

The City of San Antonio may face questions of liability related to:

• Road Conditions: Potholes, uneven pavement, or poorly designed bike lanes can be particularly hazardous for e-bikes and scooters.
• Regulation and Enforcement: Questions may arise about whether the city has appropriately regulated these devices or enforced existing regulations.

It’s important to note that claims against municipal entities are subject to the Texas Tort Claims Act, which limits governmental liability and imposes specific notice requirements.

5. Vehicle Driver Liability

Many serious e-bike and scooter injuries involve collisions with motor vehicles. In these cases, the driver may be liable if they:

• Fail to yield right-of-way
• Drive distracted or impaired
• Open car doors into the path of riders (“dooring”)
• Make unsafe turns across bike lanes
• Fail to maintain a safe distance when passing

These cases often involve standard negligence principles applied to the specific context of interactions with micro-mobility devices.

6. Product Liability

Manufacturers and distributors of e-bikes and electric scooters may face product liability claims when defects in design or manufacturing contribute to accidents. These might include:

• Battery fires or explosions
• Structural failures
• Brake system defects
• Electronic system malfunctions

Product liability claims can be based on strict liability, negligence, or breach of warranty theories, depending on the specific circumstances.

Comparative Fault in Texas: How It Affects Recovery

Texas operates under a “modified comparative fault” system with a 51% bar rule (Texas Civil Practice and Remedies Code § 33.001). This means:

1. If you are injured while using an e-bike or scooter, your compensation may be reduced by your percentage of fault
2. If you are found to be more than 50% responsible for your injuries, you cannot recover damages

This is particularly relevant in micro-mobility cases, as riders often share some degree of fault. Factors that might affect fault allocation include:

• Whether the rider was wearing a helmet
• Whether the rider was following traffic laws
• Whether the rider was distracted (e.g., using a phone while riding)
• Whether the rider was impaired by alcohol or other substances
• Whether the rider had modified the device in unsafe ways

Insurance Coverage Questions

Insurance coverage for e-bike and scooter accidents presents another layer of complexity:

Auto Insurance: Standard auto policies typically exclude coverage for e-bikes and scooters. This means that if you cause injury while riding one of these devices, your auto insurance may not cover the claim.

Homeowners/Renters Insurance: Some homeowners or renters policies may provide liability coverage for e-bike or scooter accidents, particularly for personally owned devices. However, many policies specifically exclude motorized vehicles.

Health Insurance: While health insurance will typically cover the injured person’s medical expenses, it won’t cover liability to others or damage to property.

Rental Company Insurance: Rental companies may carry liability insurance, but their user agreements typically attempt to shift responsibility for accidents to the rider.

This insurance landscape often creates situations where injured parties have limited avenues for recovery, making expert legal guidance all the more essential.

Recent Legal Developments in Texas

Recent developments have begun to shape the legal landscape for micro-mobility injuries in Texas:

1. City Ordinances: San Antonio and other Texas cities have implemented and refined ordinances specifically addressing e-bikes and scooters, creating clearer standards of conduct.
2. Case Law: While Texas courts are still developing precedent in this area, cases from other jurisdictions are providing guidance on how liability questions might be resolved.
3. Legislative Action: The Texas Legislature continues to refine laws governing these devices, most recently through amendments to Transportation Code provisions addressing e-bikes.

Legal practitioners must stay current with these rapidly evolving developments to effectively represent injured clients.

Proving Liability in E-Bike and Scooter Injury Cases

Successfully proving liability in these cases typically requires:

1. Thorough Investigation: Documenting the accident scene, device condition, road conditions, and witness statements
2. Expert Analysis: Technical experts may be needed to evaluate device failures, reconstruct accidents, or assess road design
3. Medical Documentation: Comprehensive medical evidence connecting injuries to the specific mechanics of the accident
4. Digital Evidence: Data from the device itself, rental apps, traffic cameras, or user smartphones may provide crucial evidence
5. Knowledge of Regulations: Understanding the complex interplay of state laws, local ordinances, and rental agreements

This multifaceted approach requires specialized legal knowledge that bridges personal injury law, product liability, municipal liability, and emerging micro-mobility regulations.

Steps to Take If You’re Injured

If you’ve been injured in an e-bike or electric scooter accident in San Antonio, taking these steps can protect both your health and legal rights:

1. Seek Medical Attention: Even seemingly minor injuries can develop into serious conditions. Documentation of your injuries from the outset is crucial.
2. Report the Accident: File a police report and, if using a rental device, report the incident through the app.
3. Document Everything: Take photos of the scene, the device, your injuries, and collect contact information from witnesses.
4. Preserve Evidence: Keep the device if possible (don’t return a rental until you’ve documented its condition) and preserve torn clothing or damaged equipment.
5. Avoid Making Statements: Do not make statements to insurance companies or representatives of rental companies without legal counsel.
6. Consult a Personal Injury Attorney: The unique liability questions in these cases require specialized legal knowledge.

How Ryan Orsatti Law Can Help

At Ryan Orsatti Law, we have developed specific expertise in handling the complexities of e-bike and electric scooter injury cases in San Antonio. Our approach includes:

• Comprehensive investigation of accident circumstances
• Collaboration with technical experts to identify failure points and liability
• Thorough understanding of the emerging legal framework governing these devices
• Experience navigating the complex insurance landscape surrounding micro-mobility injuries
• Strategic approach to overcoming liability waivers and terms of service defenses
• Dedication to maximum recovery for our clients’ injuries

Our firm’s experience handling these emerging cases allows us to anticipate defense strategies and build compelling cases for our injured clients.

Conclusion: Navigating the Future of Micro-Mobility Injuries

E-bikes and electric scooters have permanently altered San Antonio’s transportation landscape. While offering convenience and environmental benefits, they have also created new injury risks and complex liability questions that traditional legal frameworks were not designed to address.

As the law evolves to keep pace with these technological developments, injured parties need knowledgeable legal representation to navigate these uncharted waters. The attorneys at Ryan Orsatti Law remain at the forefront of this evolving legal landscape, committed to protecting the rights of injured San Antonians in even the most complex micro-mobility cases.

If you or a loved one has been injured in an e-bike or electric scooter accident, contact Ryan Orsatti Law today for a free consultation to discuss your legal options.

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This blog is for informational purposes only and does not constitute legal advice. Every case is unique and requires individualized legal analysis. If you’ve been injured, please consult with a qualified attorney to discuss your specific situation.