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Electric scooters are everywhere in McKinney, Texas. You see them near Adriatica Village, along the trails at Bonnie Wenk Park, and cutting through downtown near the historic Collin County Courthouse. They look harmless. But when a car hits a scooter rider, or a scooter hits a pothole and sends someone to the emergency room, the injuries can be severe. If you or someone you love was hurt in an electric scooter accident in McKinney, you need to understand your rights, the law that applies, and how to protect your claim. The personal injury lawyers at Chandler Ross Injury Attorneys, based in Denton, Texas, represent injured people across the North Texas area, including McKinney. Call us at (940) 800-2500 for a free consultation.
Table of Contents
- How Texas Law Classifies Electric Scooters and What That Means for Your Injury Claim
- Common Causes of McKinney Electric Scooter Accidents and Who Is Liable
- The Injuries Electric Scooter Accidents Cause and Why They Are Often Serious
- Texas Law Protections for Electric Scooter Riders Injured by Negligent Drivers
- What to Do After an Electric Scooter Accident in McKinney to Protect Your Claim
- FAQs About McKinney Electric Scooter Accidents
How Texas Law Classifies Electric Scooters and What That Means for Your Injury Claim
Texas law defines electric scooters under a specific legal category, and that classification shapes every part of your injury claim. Under Texas Transportation Code Section 551.351, a motor-assisted scooter is a self-propelled device with at least two wheels on the ground, a braking system, a gas or electric motor not exceeding 40 cubic centimeters, a deck for standing or sitting, and the ability to be propelled by human power alone. That definition matters because it determines where you can legally ride, what rules apply to other drivers around you, and how courts treat your case.
Motor-assisted scooters are permitted on streets with a posted speed limit of 35 mph or less. Riders must stay as close as practicable to the right side of the road. State law also permits scooter operation on paths set aside for bicycles. However, McKinney has its own local rules that go further than state law in some areas.
Under McKinney’s city ordinances, children under 17 must wear a helmet when operating a motor-assisted scooter. Parents can face citations if they allow a child to ride without one. The McKinney Code of Ordinances makes it unlawful for a parent to allow or permit a child to operate or ride a motor-assisted scooter on any public way or public property within the city, except on paths and trails set aside for the exclusive operation of bicycles.
Why does this matter for your claim? If you were riding legally and another driver hit you, the driver’s violation of traffic law becomes strong evidence of negligence. If a scooter rider who hurt you was riding illegally, that affects how fault is assigned. Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code, meaning your compensation is reduced by your percentage of fault, and you cannot recover at all if you are more than 50% at fault. Knowing the rules puts you in a stronger position from day one.
Common Causes of McKinney Electric Scooter Accidents and Who Is Liable
Most electric scooter accidents in McKinney happen because a driver, a property owner, or a scooter company failed to do something they were legally required to do. Identifying the right party is the foundation of any successful injury claim.
Drivers are the most common at-fault party when a scooter rider is seriously hurt. A car turning left across a crosswalk near Eldorado Parkway, a driver distracted by a phone on US-75, or a vehicle running a red light at a busy McKinney intersection can all hit a scooter rider with devastating force. Texas Transportation Code Section 545.428 makes it a criminal offense for a driver to operate a motor vehicle within a crosswalk area and cause bodily injury to someone riding a motor-assisted scooter. If the injury is serious, that offense rises to a state jail felony. A criminal charge against the driver creates strong evidence to support your civil injury claim.
Property owners can also be liable. If a scooter rider falls because of a broken sidewalk, an unmarked hazard, or a poorly maintained trail near Craig Ranch or along the Erwin Park trail system, the property owner may have a duty to keep that surface reasonably safe. This type of claim falls under Texas premises liability law.
Scooter companies, whether a rental platform or a manufacturer, can be responsible when a mechanical defect, a brake failure, or a faulty battery causes an accident. Brake problems were associated with 40 of the investigated incidents in the U.S. Consumer Product Safety Commission’s review of micromobility product incidents. If a defective product caused your crash, a product liability claim may apply alongside any negligence claim.
Multiple parties can share fault in a single accident. Sorting out who owes you compensation requires a careful review of the police report, witness statements, surveillance footage, and the physical evidence at the scene. Acting quickly to preserve that evidence is critical.
The Injuries Electric Scooter Accidents Cause and Why They Are Often Serious
Scooters offer riders almost no physical protection. There is no frame around you, no airbag, and no seatbelt. When a collision happens, the rider’s body absorbs the full impact. That is why electric scooter injuries tend to be serious even in lower-speed crashes.
The U.S. Consumer Product Safety Commission estimated 79,300 e-scooter injuries seen in emergency departments in 2024 alone. Head injuries are among the most common and most dangerous outcomes. Falls are the most common mechanism of injury, but collisions with motor vehicles cause more severe injuries, and studies show that over 80% of injured e-scooter riders did not use a helmet, leading to severe head injuries.
Bone fractures are also extremely common. Most pediatric e-scooter injuries involve the musculoskeletal system, with 40.4% being fractures, dislocations, strains, or sprains. Wrist fractures from bracing a fall, broken collarbones, and fractured legs are all injuries that can require surgery, physical therapy, and months away from work.
Internal injuries are a serious risk when a vehicle strikes a scooter rider. E-scooter riders are more likely to sustain internal injuries than conventional scooter riders. Traumatic brain injuries, spinal cord damage, and road rash that leads to infection are all documented outcomes in scooter accident cases. These injuries can produce medical bills in the tens of thousands of dollars and long-term disability that affects your ability to earn a living.
Texas law allows injured people to recover compensation for medical expenses, lost wages, pain and suffering, and future care costs. If your injuries are severe, the total value of your claim can be substantial. Do not accept a quick settlement from an insurance company before you understand the full extent of your injuries and what your claim is actually worth.
Texas Law Protections for Electric Scooter Riders Injured by Negligent Drivers
Texas law gives electric scooter riders specific legal protections, and understanding them can strengthen your injury claim. The key protection comes from Texas Transportation Code Section 545.428, which was added in 2021 and amended in 2023. This statute directly addresses motor vehicle collisions involving scooter riders.
Under Section 545.428, a driver commits a criminal offense if they operate a motor vehicle within the area of a crosswalk with criminal negligence and cause bodily injury to someone riding a motor-assisted scooter. The offense is a Class A misdemeanor. If the scooter rider suffers serious bodily injury, the offense becomes a state jail felony. A criminal conviction or even a citation issued under this statute is powerful evidence in your civil case.
Texas negligence law also protects you outside of crosswalk situations. Any driver who fails to exercise ordinary care and causes an accident can be held liable for your injuries. Ordinary care means doing what a reasonably careful person would do under the same circumstances. A driver who speeds through a school zone near Slaughter Elementary, fails to yield at an intersection, or runs a stop sign near the McKinney Medical Center area and hits a scooter rider has almost certainly breached that standard.
Texas also has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code Section 16.003. That means you have two years from the date of your accident to file a lawsuit. Missing that deadline generally means losing your right to any compensation, regardless of how strong your case is. Do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your accident.
What to Do After an Electric Scooter Accident in McKinney to Protect Your Claim
The steps you take in the hours and days after a scooter accident in McKinney directly affect the strength of your injury claim. Evidence disappears fast. Witnesses forget details. Insurance companies start building their defense the moment they hear about a claim.
Call 911 immediately. A police report creates an official record of the accident, documents the scene, and identifies the at-fault driver. Request a copy of the report from the McKinney Police Department as soon as it is available. If you are physically able, photograph the scene, the vehicles involved, your injuries, road conditions, and any skid marks or debris.
Get medical treatment right away, even if you feel okay. Adrenaline can mask pain. Injuries like traumatic brain injuries and internal bleeding may not produce obvious symptoms immediately. A medical record that documents your injuries close in time to the accident is essential evidence. If you delay treatment, the insurance company will argue your injuries were not caused by the accident.
Do not give a recorded statement to the at-fault driver’s insurance company without speaking to an attorney first. Insurance adjusters are trained to ask questions designed to reduce or eliminate your claim. Anything you say can be used against you.
Contact Chandler Ross Injury Attorneys at (940) 800-2500. Our office is located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, and we represent injured clients in McKinney and across the North Texas region. We review cases at no charge and handle personal injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Past results in other cases do not guarantee any particular outcome in your case, as every case depends on its own facts and applicable law.
FAQs About McKinney Electric Scooter Accidents
Can I file a personal injury claim if I was partly at fault for my McKinney electric scooter accident?
Yes, you can still file a claim under Texas law even if you share some fault for the accident. Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code. Your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any compensation. An attorney can help evaluate how fault is likely to be assigned in your specific situation.
Who can be held liable if a rental scooter’s brakes failed and caused my accident?
Multiple parties could be liable depending on the facts. The scooter rental company may be responsible for failing to maintain the equipment in safe working condition. The scooter manufacturer could face a product liability claim if a design or manufacturing defect caused the brake failure. A property owner could also be liable if a road hazard contributed to the crash. A personal injury attorney can investigate the cause of the failure and identify all responsible parties.
Does Texas require electric scooter riders to wear helmets?
Texas does not have a statewide helmet requirement for adult electric scooter riders. However, McKinney’s city ordinances require riders under 17 years of age to wear a helmet when operating a motor-assisted scooter. Even where helmets are not legally required, failing to wear one may affect your claim if the defense argues that your head injury would have been less severe with a helmet. This is a factual and legal issue that an attorney can address in your specific case.
How long do I have to file a lawsuit after an electric scooter accident in McKinney?
Under Texas Civil Practice and Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of the accident. If you miss that deadline, a court will almost certainly dismiss your case and you will lose your right to compensation. Some exceptions can shorten or extend that window, such as claims involving government entities or injuries to minors. Contact an attorney promptly so you do not miss any filing deadline that applies to your case.
What compensation can I recover after a McKinney electric scooter accident?
Texas law allows injured scooter accident victims to pursue several categories of compensation. These include past and future medical expenses, lost wages and reduced earning capacity, physical pain and suffering, emotional distress, and costs of future care or rehabilitation. In cases involving especially reckless conduct, Texas law may also allow for exemplary damages under Chapter 41 of the Texas Civil Practice and Remedies Code. The value of any claim depends entirely on the specific facts, the severity of your injuries, and the evidence available. No attorney can guarantee a specific result.
