Shared e-bikes and e-scooters from companies like CapMetro Bikeshare (formerly MetroBike) and Lime promise convenient transportation around Austin, Texas, but when an accident happens, injured riders often face a major legal roadblock: liability waivers. These agreements are typically required before renting a bike or scooter and are designed to limit the company’s responsibility for injuries. However, a waiver does not always prevent an injured rider from pursuing compensation. An experienced Austin injury attorney can evaluate whether a waiver is enforceable and help determine if you have a viable claim despite this legal hurdle.
When you contact the Austin personal injury attorneys at Carabin Shaw, you will receive a free, no-obligation case review to help you understand your legal rights and options. Our law firm also handles injury cases on a contingency-fee basis, which means you pay no legal fees unless we recover compensation on your behalf. The Carabin Shaw team invites you to read our client reviews to learn more about our commitment to high-quality legal representation and client service.
The Dangers of Rental E-Scooters and E-BikesSome bikeshare accidents in Austin, Texas, happen because of rider inexperience or the failure to wear a helmet. The convenience and availability of shared e-bikes and e-scooters create the perception that they are safe to operate without much precaution, which is not the case. While it is true that these transportation devices are easy-to-operate for many who want to ride on Austin trails and streets, they also fail to provide the protection of an enclosed vehicle.
Suing Lime for injury in Austin, TX, is unlikely to succeed when the cause of an accident or injury is user error or failure to wear a helmet. However, a company might not properly maintain shared bicycles, and when a bikeshare company engages in gross negligence, a liability waiver will not protect them.
What Liability Waivers Accomplish in Texas Contract LawA lawyer may not be able to help you sue a bikeshare company for ordinary negligence if you signed a liability waiver, but that depends on the circumstances. You assume the risk, and the company admits that its bikes can pose some danger. This does not absolve the company from all safety duties.
You might be able to file a MetroBike accident claim if the company failed to provide fair notice of the assumed risk in a liability waiver, engaged in gross negligence, or violated the law. Essentially, they still have to attempt to provide safe transportation options and inform you that you sign away your rights to sue under most circumstances when you rent from them.
How Signing a Liability Waiver Impacts Your Right to SueIn most circumstances, a person is liable for injuries caused by their negligence. In the civil legal system, a lawyer can sue for negligence if the defendant:
A liability waiver typically limits the option to sue for an accident on an e-bike. However, this does not completely absolve the rental company of its duty to provide safe services. Hiring an Austin e-bike accident lawyer ensures that you consider all your legal options after an e-bike wreck.
Shared Fault in E-Bike Sharing Accidents in TexasTexas is a modified comparative fault state, meaning a victim can sue even if they are partially at fault. Your attorney may still seek compensation for damages that are proportionate to the level of the defendant’s fault, as long as your fault does not exceed 50%. Victims must also mitigate damages, and the court may reduce compensation for failing to seek medical care or for failure to wear a helmet.
Was Your Accident Caused by a Faulty Scooter? Hold the Manufacturer Liable & Contact Carabin Shaw to Schedule Your FREE Case Review Today!Liability waivers are an expectation on e-bike and e-scooter apps like Lime and CapMetro. What victims must understand is that by hiring an experienced Texas attorney, they may still be able to seek compensation for gross negligence, despite the protection provided by the waiver.
To find out more about your right to compensation after an e-bike accident, contact the legal professionals at Carabin Shaw. Our toll-free number is 1-800-862-1260, and we have English- and Spanish-speaking staff available 24/7 to speak with you.
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