Electric Scooter Laws in Austin: Rights of Injured Bird & Lime Riders
Bird and Lime scooters are all over downtown Austin, on Congress, around UT, and near the bars on West 6th. After a crash, the big question is simple: what are your rights, and who pays?
Here’s how Austin scooter laws actually work, and how they affect your injury claim if you’re hit or hurt on a Bird or Lime.
1. How Austin Treats Bird & Lime Scooters Under the Law
State law first, city rules on top.
Under Texas law, stand-up e-scooters are treated as “motor-assisted scooters.” They can be ridden:
- On streets with a posted speed limit of 35 mph or less
- Across higher-speed roads at intersections
- On bike paths and sidewalks, and most bicycle rules apply to them instead of full motor-vehicle rules
Austin then adds its own micromobility rules. The City says riders of scooters have the same rights and duties as drivers of motor vehicles. Stop at lights, yield when required, ride predictably.
Key Austin rules that matter in a crash case:
- Sidewalk riding is allowed if it’s done in a “reasonable and prudent” way (no bombing through crowds).
- Riders under 18 must wear a helmet.
- No handheld phone use while riding.
- Scooters must be parked on the curb side of the sidewalk with at least three feet clear for pedestrians; blocking walkways can earn a ticket.
In 2024, Austin tightened things up again:
- Only Bird and Lime are allowed to operate shared scooters in the city.
- The total fleet is capped at about 6,700 devices citywide, with roughly 2,250 downtown.
- In the main entertainment districts, the city requires Bird and Lime to drop the max speed from 15 mph to 10 mph between 10 p.m. and 5 a.m. to cut down on late-night head injuries.
So when a crash happens, the question isn’t just “were you on a scooter?” It’s where were you riding, how fast, and were you following these rules?
2. Sidewalk vs. Street: How Where You Ride Affects Fault
Because scooters can legally be on streets, bike lanes, and most sidewalks, liability turns on whether each person was acting reasonably in that specific spot.
On the street or in a bike lane
If you’re riding in a bike lane on Guadalupe or a 30–35 mph street like parts of South Lamar and a driver:
- drifts into the bike lane,
- passes too close, or
- turns right across your path without looking,
that’s classic driver negligence. You’re using the scooter where the law expects you to be, so the car driver will usually carry most of the blame.
On sidewalks
Sidewalk riding is allowed in Austin, but only if it’s “reasonable and prudent.”
That means:
- Slowing near driveways and garage exits
- Yielding to pedestrians
- Not weaving between people at 15 mph
If you’re cruising calmly along the sidewalk by Rainey Street and a driver shoots out of an alley without stopping and hits you, you’ve got a strong argument that the driver is primarily at fault even though you were on the sidewalk.
If, on the other hand, you’re:
- going too fast in a packed area,
- blowing through crosswalk signals, or
- riding in a clearly signed no-ride zone,
a jury may say you share part of the blame.
3. Texas’ 51% Rule: How Much Fault You Can Carry and Still Get Paid
Texas uses modified comparative negligence with a 51% bar rule.
In plain English:
- You can recover money if you are 50% or less at fault.
- You get nothing if you’re 51% or more at fault.
Your payout is reduced by your percentage of fault.
Example:
- Total damages: $100,000
- Jury says you’re 30% at fault for riding too fast, driver is 70% at fault for turning left in front of you
- You recover $70,000 (100k minus 30%)
For scooter riders, the fight is often about keeping your fault under that 51% line, especially when insurers try to blame everything on “reckless scooter use.”
A good scooter accident lawyer in Austin will lean on the local rules (sidewalks allowed, 10 mph geofenced zones, etc.) to show you were riding within what the city actually permits.
4. Who Can You Sue After a Bird or Lime Scooter Crash?
Depending on what happened, a Bird scooter injury lawsuit (or Lime case) can involve several defendants:
- A car or truck driver
- Common when a driver:
- fails to yield at an intersection,
- opens a door into you, or
- drifts into bike lanes or bus lanes.
- Common when a driver:
- Bird or Lime
You may have a claim if the scooter itself was unsafe, for example:- Sudden brake failure
- Loose handlebars or steering issues
- Battery or motor problems causing a sudden slowdown or surge
- These cases turn on maintenance records, app data, and scooter diagnostics, which need to be preserved quickly.
- Property or business owners
- Uneven pavement, hidden hazards, or blocked exits from garages/driveways can put part of the blame on a property owner or manager.
- The City or a public agency (more limited)
- Claims against the City of Austin sit under the Texas Tort Claims Act and involve strict notice rules and damage caps. These are more complex and very fact-specific.
5. What to Do After a Scooter Crash in Austin
If you’re hit on a Bird or Lime in Austin, treat it like any other serious traffic crash:
- Call 911 and get medical care
- Ask for an APD report number. Head and face injuries are common with scooters; don’t try to “walk it off.”
- Document everything at the scene
- Photos of the scooter, any cars involved, street signs, lighting, debris, and your injuries
- Screenshot your ride in the Bird/Lime app (time, route, scooter ID)
- Get witness and driver info
- Names, phone numbers, plate numbers, and insurance details.
- Preserve the scooter and app data
- Don’t just end the ride and walk away if you’re badly hurt. An attorney can send preservation letters to Bird or Lime to lock down GPS and diagnostic logs.
- Talk to a lawyer before you talk too much to insurance
- Insurers know the 51% rule. Their goal is to push as much fault onto you as possible.
If you were hurt on a Bird or Lime scooter in Austin, on the street, in a bike lane, or on a sidewalk, you’re not automatically at fault. The law gives scooter riders real rights. The key is tying those local rules and state laws together fast, before evidence disappears and the other side writes the story for you.
Q1. Can I legally ride a Bird or Lime scooter on the sidewalk in Austin?
Yes, in most areas. Austin allows scooters (micromobility devices) on sidewalks if you ride in a reasonable and prudent way and yield to pedestrians. Some downtown blocks like parts of Congress and Guadalupe have extra restrictions, so watch for signs.
Q2. Do I have a case if a car hits me while I’m riding a scooter in a bike lane or street?
Often, yes. If a driver drifts into the bike lane, turns across your path, or fails to yield, you can pursue a claim against their auto insurance for your medical bills, lost wages, and pain and suffering. A scooter accident lawyer in Austin will look at speed, lane position, and right of way.
Q3. What if I was riding my scooter on the sidewalk when I got hit, am I automatically at fault?
No. Austin law allows sidewalk riding if it’s done carefully. If a driver pulls out of a garage or alley without stopping and hits you, they may still be primarily at fault. Your conduct (speed, yielding to pedestrians, obeying signals) will affect how fault is divided under Texas’ 51% rule.
Q4. Who can I sue in a Bird scooter injury lawsuit in Austin?
Potential defendants include the at-fault driver, a property owner (for dangerous pavement or hidden hazards), and sometimes Bird or Lime if the scooter itself was defective or poorly maintained. An attorney will look at app data, maintenance records, and crash reports to map out all responsible parties.
Q5. Do Austin’s new scooter rules help or hurt my injury claim?
They mostly help clarify expectations. The city now limits fleet size, sets lower night speeds in entertainment districts, and requires better parking and staging. Those rules can be used to show when a rider or operator did follow the law, and when a company or driver ignored it and created unnecessary risk.
Q6. Do I need a lawyer for a scooter accident, or can I just deal with insurance myself?
You can try on your own, but insurers often argue you were riding “recklessly” or in the wrong place to push your fault over 51% and avoid paying. A scooter accident lawyer in Austin knows the local ordinances and state law and can push back with the actual rules that protect riders.
Q1. Can I legally ride a Bird or Lime scooter on the sidewalk in Austin?
Yes, in most areas. Austin allows scooters (micromobility devices) on sidewalks if you ride in a reasonable and prudent way and yield to pedestrians. Some downtown blocks like parts of Congress and Guadalupe have extra restrictions, so watch for signs.
Q2. Do I have a case if a car hits me while I’m riding a scooter in a bike lane or street?
Often, yes. If a driver drifts into the bike lane, turns across your path, or fails to yield, you can pursue a claim against their auto insurance for your medical bills, lost wages, and pain and suffering. A scooter accident lawyer in Austin will look at speed, lane position, and right of way.
Q3. What if I was riding my scooter on the sidewalk when I got hit, am I automatically at fault?
No. Austin law allows sidewalk riding if it’s done carefully. If a driver pulls out of a garage or alley without stopping and hits you, they may still be primarily at fault. Your conduct (speed, yielding to pedestrians, obeying signals) will affect how fault is divided under Texas’ 51% rule.
Q4. Who can I sue in a Bird scooter injury lawsuit in Austin?
Potential defendants include the at-fault driver, a property owner (for dangerous pavement or hidden hazards), and sometimes Bird or Lime if the scooter itself was defective or poorly maintained. An attorney will look at app data, maintenance records, and crash reports to map out all responsible parties.
Q5. Do Austin’s new scooter rules help or hurt my injury claim?
They mostly help clarify expectations. The city now limits fleet size, sets lower night speeds in entertainment districts, and requires better parking and staging. Those rules can be used to show when a rider or operator did follow the law, and when a company or driver ignored it and created unnecessary risk.
Q6. Do I need a lawyer for a scooter accident, or can I just deal with insurance myself?
You can try on your own, but insurers often argue you were riding “recklessly” or in the wrong place to push your fault over 51% and avoid paying. A scooter accident lawyer in Austin knows the local ordinances and state law and can push back with the actual rules that protect riders.
About the Author
Aaron B Mickens
For over 25 years, Aaron has fought for justice on behalf of Austin's injured. He is committed to standing up to insurance companies and winning for clients across Central Texas.
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