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Electric scooters are everywhere in Bryan–College Station. With thousands of students traveling between campus, apartments, restaurants and classes; and cars, bicycles, pedestrians, and scooters all sharing the same intersections, it only takes a moment of inattention for someone to be seriously injured.
As a personal injury trial attorney in a college town, there is one misconception I believe every scooter rider and every driver needs to understand:
Riding an electric scooter does not automatically give you the rights of a pedestrian.
Texas law specifically regulates what it calls a “motor-assisted scooter.” Under Texas Transportation Code § 551.352, a scooter may generally be operated on a street with a posted speed limit of 35 mph or less, on a bicycle path, or on a sidewalk. A scooter may also cross a roadway with a speed limit greater than 35 mph at an intersection. (Texas Statutes)
But here is where things get confusing.
Texas law provides that, except where the scooter statute says otherwise, the laws applicable to bicycles also apply to motor-assisted scooters. And a person operating a bicycle generally has the same rights and duties applicable to the driver of a vehicle. Tex. Transp. Code §§ 551.101, 551.352(d). (Texas Statutes)
That means a student riding a scooter in the roadway should not think of himself or herself as a pedestrian on wheels. Traffic signals, stop signs, right-of-way rules, and the rules governing movement through an intersection matter.
What About the Crosswalk?
This is particularly important around Texas A&M.
A scooter rider in a crosswalk should not assume he or she automatically receives all of the protections afforded to a walking pedestrian. Depending on how and where the scooter is being operated, both scooter-specific rules and pedestrian-crossing rules may apply. In fact, the Texas Legislature expressly distinguishes between “a pedestrian” and “a person operating a ... motor-assisted scooter” when addressing collisions in crosswalks. Tex. Transp. Code § 545.428. (Texas Statutes)
So don't assume: “I'm in the crosswalk, so I automatically have the same right-of-way as someone walking across it.” The circumstances of how the scooter entered the intersection and which traffic-control devices applied can matter.
Even when a scooter rider is traveling on a sidewalk or approaching a crosswalk, Texas law does not allow the rider to enter the crossing at any speed he or she chooses. Texas Transportation Code § 552.0035(c) provides that a sidewalk user may not approach or enter a crosswalk at a speed greater than is reasonable and prudent under existing conditions. The statute further provides that a speed greater than 8 miles per hour is not considered safe and prudent. A rider who enters a crosswalk too quickly may be found at fault for a collision, even if the rider believes he or she has the right-of-way.
A scooter capable of traveling 15 to 20 miles per hour can enter a crossing area much faster than drivers reasonably expect, which is why slowing before entering a crosswalk is critical.
Bryan and College Station
Texas law allows cities to impose additional safety restrictions on scooters. Tex. Transp. Code § 551.352(b). (Texas Statutes)
College Station specifically regulates shared micromobility devices, including electric scooters. Its shared-mobility ordinance includes a 15-mph device speed limit, designated parking requirements, and geofencing provisions. (City of College Station)
I am not aware of a separate Bryan ordinance in the city's currently published Code of Ordinances that replaces the basic Texas rules for ordinary motor-assisted scooter operation. Accordingly, riders in Bryan should start with the Texas Transportation Code, and always obey any posted local traffic-control signs or restrictions.
Texas A&M University also has its own rules. The University's current Student Rules classify e-scooters as “micromobility” and require micromobility on university property to be manufactured and operated in accordance with university rules and applicable Texas law. Scooters and other micromobility devices may not be operated inside campus buildings or on benches, steps, or walls. (Student Rules)
The Rule Everyone Should Remember
If you are on a scooter, don't assume you are a pedestrian. If you are driving a car, don't assume the scooter rider sees you.
Scooter riders: slow down before entering an intersection, obey traffic-control devices, make yourself visible, and never assume a driver is going to stop simply because you are entering a crosswalk.
Drivers: put the phone down, look twice before turning across a sidewalk or crosswalk, and remember that a scooter can enter your path much faster than a person walking.
Whether Texas A&M ultimately restricts scooters further or not, we don't need another law to understand the basic safety rule:
Cars, scooters, bicycles, and pedestrians all have to share the same roads and intersections. Know the rules, pay attention, and give each other enough time and space to get home safely.
If you’ve been injured in Bryan–College Station, contact us today to learn how we may be able to help.