Liability

ing the scene or failure to stop and render aid if someone is injured, Austin police Sgt. Michael Barger said.

“Under the leaving the scene statute, any mode of transportation, including an electric scooter, is considered a vehicle,” he said.

Leaving the scene is a Class C misdemeanor for less than $200 in damage and increases to a class B misdemeanor if the damage is more than $200. A Class B misdemeanor is punishable by an up to $200 fine or 180 days in jail or both, according to the Texas Penal Code. A Class C misdemeanor is punishable by a fine up to $500. Failing to stop and render aid is a third-degree felony and is punishable by two to 10 years in jail, according to the penal code.

Riding a scooter where it is not allowed is a Class C misdemeanor, as well. Scooters are allowed in designated bike lanes and on most streets where the speed limit is less than 35 mph.

Fuchs emailed Lime after the crash and was told the company was not liable for the incident, as the person on the scooter is responsible for what happens while the scooter is being used. Fuchs plans to subpoena the company for scooters in the area at the time of the crash to try and determine who was driving the scooter at that time, he said.

When asked whether Lime was responsible for the damage to Fuchs’ car, a spokeswoman said in a statement: “It was hard to speculate as all cases differ.” According to Lime’s user agreement, the company requires renters to report any crashes that cause damage or injuries to police within 24 hours. As a condition of renting, users also agree to assume responsibility for any damage or injuries they cause.

Who is responsible for resulting injuries or damage after a scooter crash is a new, murky area for Austin, said attorney Jack Zinda, a partner at Zinda Law. A scooter company could argue they are just like a rental car business, and therefore not responsible for injuries or damage, he said.

“This is different because in a rental car situation, there’s a lot more of a process involved. It’s not, ‘Hey, whoever wants to take one, go ahead and go for it,’ ” Zinda said. “The tough thing from a legal perspective is this is going to be very uncharted waters.”

He said a scooter company could possibly be held accountable for injuries or damage if they have a poorly set up system of doing business. Zinda suggested residents who plan on using the scooters more than once on a weekend whim should contact their insurance company to make sure they’re covered in case of an injury. Cases involving injuries from scooter crashes, especially ones where a vehicle hits someone on a scooter, are likely, Zinda said.

Austin is home to 2,000 rental bikes and scooters with city permits, with at least four companies in the area. Lime has 750 city-approved scooter permits here.

“What happens when somebody gets killed or injured on one of these things?” Fuchs said. “I wish the city just came up with harsher, stricter guidelines for it.”