If you live in northwest Harris County, Cypress, Spring, or Atascocita—or almost anywhere in the U.S.—you’ve probably noticed the trend of kids zipping around neighborhoods on e-bikes, e-scooters, and small electric dirt bikes. You might also have heard a lot about this on the news… and not just clocking a trend. Local data has shown, and continues to show, that e-device crashes are becoming more common by the day, and they can result in life-changing injuries for a child and their family.
There are a couple aspects to this story: first, who’s legally responsible when a child is injured in an e-device crash; second, how much does the type of device matter for the severity of a child’s injuries?
It can be jarring when you’re driving on a familiar road with familiar traffic patterns, and suddenly a child on an e-bike zips in front of you, maybe popping a wheelie as he goes, maybe looking at his phone. Although children should follow road rules while riding electric bikes and scooters, often they don’t. Sometimes it’s because they’re children, and they might not know safe riding practices. Other times, it’s because these electric vehicles give them an inflated sense of safety—or maybe they’re just kids who think they’re invincible and they want to show off. But, as the driver, are you liable if you collide with a child who was riding their e-bike or e-scooter—even if it wasn’t your fault?
E-bike and E-scooter crash statistics
Harris County ESD 11 Mobile Healthcare and Harris County Public Health reviewed local injury data for e-bikes, e-scooters, and electric motorcycles. There was one injury case in 2019, and 198 in 2025—yes, you’re reading that correctly—it’s a 17,000% increase over six years.
Beyond sheer numbers, the demographic of rider injuries is interesting, too. Eighty-two percent were male, and most were between five and 17 years old. 93 percent were not wearing a helmet.
Local police departments observed the same trend—after two children were hospitalized in crashes this summer, Precinct 4 officials warned that these accidents are happening far too often, and urged parents to supervise young riders closely. In August, a 10-year-old girl riding an e-scooter was struck by a vehicle in northwest Harris County. Her leg injuries were so severe that first responders applied a tourniquet before transporting her to the hospital. Earlier this year, a Spring student died after falling off her e-bike on Ella Boulevard in front of Klein Collins High School.
This is not unique to Harris County; the U.S. Consumer Product Safety Commission said in April 2026 that there were 310 reported e-bike fatalities from 2017 through 2024; the leading hazards were cited as motor vehicle crashes and loss of control.
Serious e-bike and e-scooter injuries and children
Are children more likely to suffer severe injuries from e-bikes and e-scooters? Yes.
Dr. Jay Kovar, medical director for Harris County ESD 11 Mobile Healthcare, explained that injuries become more severe as a device’s speed increases. This is particularly concerning for children, because their bodies and brains are still developing. Local doctors report treating traumatic brain injuries, facial fractures that require surgery, broken arms and legs, and rib and chest trauma.
Experts pay closest attention to traumatic brain injuries (TBI) in children. A child’s brain injury often doesn’t show the full effect immediately. A brain injury in a child is complex because recovery happens alongside normal brain development, and this can affect more than the child’s current abilities. Some children show no immediate effects, but they struggle later as schoolwork and other skills become more difficult. Even a mild brain injury can linger; 14 percent of children with a mild TBI required educational support services a year after the injury. (Source: Report to Congress: The Management of Traumatic Brain Injury in Children)
Obviously, this is important for a variety of reasons, but for a legal claim, it has even greater implications. If a case involving a child victim is settled too soon, before the injury’s long-term effects are known, the family could end up lacking the resources they need years later.
Who is responsible for an e-bike or e-scooter injury to a child?
Many crashes involve a car or truck.
Every driver owes each person on the road a duty of reasonable care. This includes watching out for children, who are often unpredictable. Often, an insurance company will blame the child—it will allege the child rode into traffic, rode around a stopped car, wasn’t wearing a helmet, or something else.
Texas doesn’t judge children by adult standards. The Texas Supreme Court has long held that a child is held to the standard of care that you’d expect of an “ordinarily prudent child of the same age, experience, intelligence, and capacity would use in similar circumstances.” We see this in a 1971 case, Yarborough v. Berner, which involved a five-year-old child who was injured after being hit by a car driven by the defendant.
The Court found that a child that age would be incapable of the attention, perception, and judgment needed to recognize a risk as unreasonable. An older child could be found partly at fault, but the question is always what a reasonable child of that age would have done, not what an adult would do.
Of course, the circumstances of this case do not involve an e-bike, but the precedent remains relevant to these types of cases.
The other issue related to liability is comparative negligence. If an injured person is 50 percent or less at fault for the accident, they could recover damages reduced according to their percentage of fault. But if their fault is 51 percent or higher, then they cannot recover any damages.
Evidence like dashcam footage, doorbell cameras, the vehicle’s speed, and sight lines at the intersection can help determine each party’s percentage of liability.
How do we define ‘e-bikes’?
Texas has a specific definition for an electric bicycle. Under the Transportation Code, an e-bike must have fully operable pedals, an electric motor under 750 watts, and a top assisted speed of 28 miles per hour or less. The law also sets age limits: No person under 15 years old may operate a Class 3 electric bicycle.
Many devices sold online as ‘e-bikes’ don’t meet this definition. Some are throttle-driven electric dirt bikes or have far more powerful motors. A two-wheeler that exceeds 750 watts, or that gives motor assistance higher than 28 miles per hour without pedaling, is treated by Texas law as a moped or motorcycle. These vehicles require registration and a driver’s license to operate. But local officials say this can be a blurred line; they urge parents to understand the device’s speed, power, and safety requirements before purchasing one for their child.
Mislabeling these e-devices can affect recovery for an injury claim. A manufacturer might be liable under Texas product liability law if the device was defectively designed, its warnings were inadequate, or it was marketed as a child-appropriate “bike” when it performs like a motorcycle.
Brakes, throttles and batteries that fail could also support a claim. Texas generally protects retailers that merely resell a product, but there are exceptions—often, they apply to imported products whose manufacturers are overseas. However, if you purchase an e-bike, it’s wise to save the box, manual, and online listing, because those can become critical evidence if you’re involved in a lawsuit.
What to do if your child is in an e-bike crash
- Get a medical evaluation immediately. Even if your child seems fine, it’s important to have them examined. If you wait too long, then symptoms that appear days or weeks later will be more difficult to link to the accident. Watch for headaches, sleep changes, irritability, or trouble concentrating. If you observe any of these symptoms in the weeks following a crash, be sure to contact their doctor.
- Keep the device in its post-crash condition. Don’t repair it, sell it, or get rid of it.
- Save your purchase records. Include the online listing, because that might indicate how the product was advertised.
- Obtain a crash report from the responding agency. Gather witnesses’ names and contact information, and ask businesses or residents nearby if they have surveillance video footage of the crash or the moments immediately prior.
- Do not provide a statement to the insurance company until you’ve spoken with a personal injury lawyer.
Understand that Texas has statutes of limitations that serve as deadlines for when you must file a lawsuit. Most statutes of limitations have exceptions for minors, and a child’s claim is typically protected until they turn 18. However, a parent’s claim for medical expenses can have a separate, shorter deadline. Evidence disappears quickly. If you suspect that you might need a lawsuit to get the damages you need for your child, you should contact a Houston personal injury lawyer right away.
The team at Simmons & Fletcher is ready to help. E-scooters and e-bikes can be fun and useful, but careless drivers or mislabeled products can cause serious injuries. If that happens, your family deserves fair compensation. If your child has been hurt, contact our office for a free, confidential consultation. We can help with the legal matters, so you can focus on your child’s recovery.