David James Seriously Hurt in Rosenberg E-Scooter Hit-and-Run: Why This Case Demands Immediate Legal Action

Every year, thousands of Texans are injured in traffic collisions—but when an 18-wheeler, delivery truck, or even a passenger vehicle strikes an e-scooter rider, the results can be catastrophic. The recent hit-and-run in Rosenberg that left David James with life-threatening injuries is a stark reminder of how vulnerable micromobility users are on our roads. If you or a loved one has been injured in a similar incident in Rosenberg, Fort Bend County, or anywhere in the Houston metro area, you need an attorney who understands the unique legal challenges these cases present.

At Attorney911, we’ve spent over 25 years fighting for victims of commercial vehicle negligence. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts against some of the largest trucking companies in America. We know how to hold negligent drivers and their employers accountable—and we know how to preserve the evidence that wins cases.

Here’s what you need to know about this incident, why it’s far more complex than a typical car accident, and how we can help.

The Alarming Rise of E-Scooter Injuries: Why This Case Is Part of a Larger Crisis

David James’s injuries are tragic—but they’re not isolated. E-scooter accidents are becoming a public health crisis in Texas and across the country.

The Data: A Surge in Injuries and Deaths

According to the Consumer Product Safety Commission (CPSC):

• E-scooters experienced the largest growth in injury rates of any micromobility device.
• 68 deaths were linked to e-scooters between 2017 and 2021.
• Head injuries are the most common—and the most deadly—result of e-scooter crashes.

Why Are E-Scooter Accidents So Dangerous?

1. Lack of Infrastructure
   – Many cities, including Rosenberg and Houston, lack dedicated bike/scooter lanes.
   – Riders are forced to share the road with 80,000-pound 18-wheelers, delivery trucks, and speeding cars.
   – Poor road conditions (potholes, debris) can cause scooters to lose control or throw riders.

2. Driver Negligence
   – Many drivers don’t see e-scooter riders—especially at night or in blind spots.
   – Distracted driving (texting, GPS, dispatch communications) is a leading cause of collisions.
   – Failure to yield is a common violation, particularly at intersections.

3. Scooter Design Flaws
   – Some e-scooters have unstable bases, weak brakes, or faulty throttles.
   – Product liability claims may apply if a defective scooter contributed to the crash.

4. Hit-and-Run Epidemic
   – Approximately 11% of all traffic collisions involve hit-and-run drivers.
   – In many cases, drivers flee because they know they’re at fault—or because they’re uninsured.

The Legal Challenges in E-Scooter Hit-and-Run Cases

E-scooter accident cases are far more complex than typical car wrecks. Here’s why:

The Legal Process: What David James (or His Family) Should Do Next

If you’re in a similar situation, here’s what needs to happen immediately to protect your rights:

Step 1: Preserve Evidence (Before It Disappears)

• Send a spoliation letter to all potentially liable parties (trucking company, scooter rental company, city, etc.) demanding preservation of:
• Black box/ECM data (if a commercial vehicle was involved)
• Surveillance footage from nearby businesses (Shipley Do-Nuts, gas stations, traffic cameras)
• Witness statements (names and contact info of anyone who saw the crash)
• Police reports (request a copy from the Rosenberg Police Department)
• Medical records (documenting James’s injuries)
• Scooter maintenance records (if a rental scooter was involved)

At Attorney911, we send spoliation letters within 24-48 hours of being retained. This puts defendants on notice that destroying evidence will result in legal sanctions, adverse jury instructions, or even default judgment.

Step 2: Identify the At-Fault Driver

• Review surveillance footage from nearby businesses.
• Canvass the area for witnesses who may have seen the vehicle (make, model, license plate).
• Check for dashcam footage from other drivers.
• Work with law enforcement to track down leads.

Step 3: Determine All Liable Parties

• Was the driver working for a company? (Check for logos on the vehicle, dispatch records.)
• Was the scooter defective? (Preserve the scooter for inspection.)
• Were road conditions a factor? (Document potholes, missing signage, poor lighting.)

Step 4: File a Personal Injury Claim

• Texas has a 2-year statute of limitations for personal injury claims—meaning James (or his family) must file a lawsuit by February 25, 2028.
• Damages that may be recoverable include:
• Medical expenses (past, present, and future)
• Lost wages (if James is unable to work)
• Pain and suffering (physical and emotional trauma)
• Disability and disfigurement (long-term impact on quality of life)
• Wrongful death (if the injuries prove fatal)

Step 5: Negotiate with Insurance Companies (or Go to Trial)

• Insurance companies will try to lowball you. They’ll offer a quick settlement before you understand the full extent of your injuries.
• We never accept the first offer. Our team, which includes a former insurance defense attorney, knows all their tactics—and how to counter them.
• If they refuse to offer fair compensation, we’re prepared to take your case to trial. Ralph Manginello has 25+ years of courtroom experience and has secured multi-million dollar verdicts for clients in similar cases.

Precedent Cases: What Similar Cases Tell Us About Potential Outcomes

While every case is unique, landmark verdicts and settlements in similar cases provide insight into what David James’s claim might be worth—and what it will take to win.

1. $1 Billion Verdict: Florida Trucking Accident (2021)

• Case: A trucking company was found liable for a fatal crash caused by negligent hiring and hours-of-service violations.
• Verdict: $100 million in compensatory damages + $900 million in punitive damages.
• Why It Matters: This case shows that juries will award massive punitive damages when trucking companies prioritize profit over safety.

2. $462 Million Verdict: Missouri Underride Crash (2024)

• Case: Two men were decapitated when their vehicle slid under a truck’s trailer.
• Verdict: $462 million against the trucking company and trailer manufacturer.
• Why It Matters: Underride crashes are among the deadliest trucking accidents—but e-scooter riders face similar risks when struck by large vehicles.

3. $160 Million Verdict: Alabama Rollover Crash (2024)

• Case: A truck rollover left a driver quadriplegic.
• Verdict: $75 million in compensatory damages + $75 million in punitive damages.
• Why It Matters: Rollover crashes often result from cargo securement failures or speeding—both of which could apply in James’s case if a commercial vehicle was involved.

4. $150 Million Settlement: Texas Trucking Crash (2022)

• Case: Two children were killed in a crash with a Werner Enterprises truck.
• Settlement: $150 million—the largest 18-wheeler settlement in U.S. history.
• Why It Matters: This case proves that Texas juries and judges are willing to hold trucking companies accountable for catastrophic injuries.

5. $37.5 Million Verdict: Texas Trucking Accident (2024)

• Case: A trucking company was found liable for a crash that caused severe injuries.
• Verdict: $37.5 million.
• Why It Matters: This is one of the largest recent trucking verdicts in Texas—and it shows that even non-fatal injuries can result in massive compensation when negligence is proven.

What’s Next for David James and His Family?

Right now, James is fighting for his life in the intensive care unit. But once he’s stable, his family will need to make critical decisions about his legal rights.

Immediate Steps:

1. Preserve all medical records (these will be critical for proving damages).
2. Document the accident scene (photos of the location, road conditions, signage).
3. Gather witness statements (if anyone saw the crash or the fleeing vehicle).
4. Consult an attorney (before speaking to any insurance company).

Long-Term Considerations:

• Will James be able to return to work? (If not, lost wages and future earning capacity must be calculated.)
• Will he need long-term care? (Spinal cord injuries and TBI often require lifetime medical treatment.)
• Will he suffer permanent disability? (Pain and suffering damages can be millions of dollars in severe cases.)
• Was the driver a commercial operator? (If so, FMCSA violations could strengthen the case.)

What to Do If You’ve Been Injured in a Hit-and-Run or E-Scooter Accident

If you or a loved one has been injured in a hit-and-run, e-scooter accident, or any collision involving a commercial vehicle, time is of the essence. Here’s what you should do right now:

1. Seek Medical Attention Immediately

• Even if you feel fine, adrenaline can mask serious injuries.
• Internal bleeding, TBI, and spinal cord injuries may not show symptoms right away.
• Medical records are critical evidence—delaying treatment gives insurance companies ammunition to deny your claim.

2. Document Everything

• Take photos of the accident scene, your injuries, and any vehicle damage.
• Get witness contact information (names, phone numbers, emails).
• Request a copy of the police report (if one was filed).
• Keep all medical records and bills.

3. Do NOT Speak to the Insurance Company

• Insurance adjusters are not your friends. Their job is to minimize your claim.
• Do not give a recorded statement without consulting an attorney.
• Do not sign anything without legal review.

4. Contact Attorney911 Immediately

• Evidence disappears fast—we’ll send a spoliation letter to preserve it.
• We’ll investigate the accident and identify all liable parties.
• We’ll handle all communications with insurance companies.
• We’ll fight for the maximum compensation you deserve.

Learn More About Your Rights

• The Victim’s Guide to 18-Wheeler Accident Injuries
• Can I Sue for Being Hit by a Semi Truck?
• What Should You Not Say to an Insurance Adjuster?
• The Ultimate Guide to Brain Injury Lawsuits
• How to Negotiate a Car Accident Settlement

Attorney911: Fighting for Justice. Protecting Your Future.