What is the Legal Process After My Electric Bike Accident?

What is the Legal Process After My Electric Bike Accident?

What is an E-bike?

The recognized definition classifies every bicycle or tricycle equipped with fully functional pedals as an e-bike.The e-bike must have a rider seat. Electric motors on e-bikes must each have a wattage of no more than 750 in order to function properly. The basic design of an e-bike and a bicycle is the same. E-bikes, as opposed to conventional bikes, can help you get the much-needed exercise you require while getting you there more quickly. The distinction is that an e-bike has an electric motor incorporated into the frame that helps the user pedal. This indicates that an e-bike can travel at a faster speed than a regular bike.

Bike users can either pedal without aid, pedal with assistance, or control the e-bike without pedaling, depending on the electric bike’s design. When an e-bike reaches a particular speed, the motor generally stops offering assistance. Certain electric bicycles allow the engine to take over once the rider stops peddling.

The descriptions of each e-bike class are provided below.

E-bikes in Class 1: –

Electric bicycles classified as Class 1 E-bikes are those that have a pedal assist feature when the rider is pedaling. Once the e-bike achieves a speed of 20 mph, the pedal assistance feature will turn off.

E-bikes in Class 2: –

The only means of propulsion for Class 2 electric bicycles is their engine. The motor will stop when the e-bike reaches a speed of 20 mph.

E-Bikes in Class 3: – 

Electric bicycles classified as Class 3 E-bikes are those that offer a pedal assist feature when the rider is pedaling. Once the e-bike achieves a speed of 28mph, the pedal assistance feature will turn off.

Can e-bike accidents occur?

E-bikes don’t move as quickly as cars do. However, because municipal rules let e-bike users to utilize the same bike lanes, roads, and trails as bicycle riders, accidents involving electric bikes can still occur. 

A negligent driver is frequently at blame for an electric bike accident. Distracted driving and breaking traffic laws can potentially result in an accident with an electric bike.

The majority of e-bike collisions involve collisions with other vehicles. Rear-end collisions, failing to yield at stop signs or intersections and driving while inebriated are just some of the factors that can cause accidents involving e-bikes.

How frequent are e-bike collisions?

As more people choose to ride an e-bike, accidents involving these vehicles are becoming increasingly frequent. In Florida, the larger counties are where electric bike accidents occur more frequently. The renowned Miami Beach is located in Miami-Dade County, which saw 757 bike accidents in just 2020. This figure includes both conventional and electric bikes. In contrast to Palm Beach Area, which is well-known for its beaches, Broward County reported 602 accidents involving bicycles and electric bicycles.

Along with these injuries comes the inescapable argument over who will bear the cost. Normally, the party responsible for the victim’s injuries will pay for them. Who is at fault when it comes to e-bikes mostly depends on how the accident happened. A driver’s insurance will cover damage caused by an e-bike collision with a car. E-bike accidents are the result of either the rider’s own recklessness or the fault of a driver, another biker, or another rider using an online bike-sharing service.

What e-bike-related injuries are most common?

Common electronic bicycle accidents can result in serious injuries, even fatalities, and frequently include other e-bikes, cars, or pedestrians. According to science, an e-bike can strike a person with an impact force that is four to forty-five times more than a traditional bicycle because they are heavier and move faster.

The following list includes some of the most frequent e-bike-related injuries:

  • damage to the head, including brain trauma (TBI)
  • spinal cord damage and back pain
  • Bone fractures
  • Cuts and bruises from road rash

In the event of an e-bike accident, who is liable?

Victims of e-bike accidents may be able to file lawsuits against various parties to seek damages for their injuries. E-bike-related personal injury claims involving potential defendants include:drivers of motor vehicles

  • Various other e-bike riders
  • Pedestrians

You may be qualified to assert the following claims in a product liability lawsuit against the manufacturer if the e-bike malfunctioned and caused your accident:

  • Manufacturing flaw: Despite the bike’s safe design, something went awry during production that made it unsafe. Defective design: an inherent problem in the bike’s design.
  • Error in labeling or warning: The manufacturer did not appropriately alert the user to the risks associated with using the e-bike.

A driver is always responsible if their passenger causes an accident, whether it’s due to careless driving, impaired driving, or other factors.

What should be done in the event that an e-bike is involved in a car accident?

A variety of minor to serious e-bike injuries might result from an accident.Scratches and bruises are regarded as less serious wounds than bone fractures, amputations, traumatic brain injuries, and paralysis. Checking your injuries is the first thing you should do after an accident involving an electric bike. If an e-bike accident victim sustains serious injuries, he or she may need to be taken to the hospital for treatment. If you are able, you should report the accident immediately.When that happens, make sure to consult a lawyer that specializes in resolving cycling accident claims. Depending on your insurance policy, this will enable you to submit a claim to your insurance carrier.

An e-bike accident may be complicated due to the following factors:

  • Possible insurance concerns: The laws for e-bike riders are less clear than those for regular cyclists. E-bike insurance can be purchased to cover the cost of repairing the bicycle following a collision.
  • Specifications of the equipment: Electric bicycles that can be manually disconnected or that turn off when the brakes are used can be categorized as being road-legal. Class 3 e-bikes must include a functional speedometer. Users and drivers are required to wear helmets that are properly fitted and approved by the federal government, regardless of their age.
  • Utilization of streets and paths- Electric bicycles typically have equal access to roads and streets as traditional bicycles (including the restriction of riding electric bicycles on sidewalks). Only class 1 and 2 electric bicycles, however, are permitted on bike lanes or trails. Class 3 electric bicycles may not be used on bike lanes or trails unless expressly allowed by a local rule.
  • Design changes-A person may be punished with a Class C misdemeanor if they intentionally modify an electric bicycle to change its speed capabilities.

How to File a Bike Accident Report

There are several steps to take when reporting a bike accident. Make sure to file a complete report if you are in an e-bike accident while out for a ride. This will assist you after the accident when filing a personal injury claim.

  1. Verify any inquiries- Once more, you must check for injuries immediately. Do not attempt to stand up or walk around right away because you can have a fracture or damaged ligaments as a result of the accident.
  1. Use your local emergencies or 911 – After assessing your injuries, dial 911 right away. Ask the other motorist or onlookers who saw the collision to call for you if you can’t find your phone. Drivers may attempt to persuade accident victims not to call. They might even offer you money in exchange for your injuries. Turn down their offer. Calling emergency services is crucial so that you may report the incident to the authorities and receive the appropriate medical care for your injuries.
  2. Be mindful when assigning blame for the accident to someone or something; when the authorities arrive, you can expect to be questioned.Make your statement straightforward and succinct while delivering it. It is unnecessary to include your theories as to what caused the accident because doing so could compel you to confess fault, even if you weren’t at fault.
  1. Seek treatment for your injuries – Riding a bike can lead to significant injuries, therefore it is better to get the treatment you need. Even for a minor injury, you should nonetheless get in touch with a healthcare professional. When you file a personal injury claim with your insurance company, medical records can help substantiate your claim.These documents will be useful if you want to sue the at-fault driver.
  1. Collect accident evidence- One of the most important criteria in a bike accident report is the evidence.Take clear images and videos of your e-bike, the car that hit you, your injuries, and any damage to your safety equipment and gear.Speak with the driver that struck you as well as any onlookers who may have seen the collision.
  2. Speak to your insurance agent – This will hasten the procedure for submitting a claim under your insurance coverage. PIP insurance may pay for medical costs and other accident-related expenses. Some insurance even compensate for lost wages arising from the event
  3. Speak with a personal injury lawyer at the law firm – Florida provides free consultation about your situation and assists you in filing a claim or lawsuit.

How Can I Determine if I’m Facing a Lawsuit?

E-bike riders are presumed to have the right-of-way on the roads under the Highway Traffic Act. In cases where the other party is  entirely or substantially at fault, or where municipal culpability may exist, you have a right to sue them. A tort claim allows you to demand damages recompense.

You may be eligible for compensation from the local council if you are at fault for a road accident. Poor road design, ice or snow-covered roadways, or obstructions in the line of sight are all signs of potential negligence. Within 10 days of an accident, a legal notification of an intended lawsuit must be submitted. Get legal counsel from a reputable personal injury business that will move quickly to protect your rights.

What is the procedure for obtaining a lawsuit over an e-bike accident?

 Contacting a personal injury lawyer is the first step in starting an e-bike claim. They will listen to your tale and assist you in gathering evidence to determine whether you have a strong case. If you do, your attorney will submit a complaint detailing your injuries and requesting compensation from the court for your damages, which could include:

  • payment for medical services,
  • expected future medical expenses,
  • lost wages while recovering
  • reduced earning potential as a result of your ailments’ long-term repercussions
  • suffering on both a physical and emotional level

The parties conduct depositions of all parties, including any potential expert witnesses, treating physicians and other medical personnel. Both sides produce documents and any other evidence that supports their positions.

A jury will hear both sides of your case and render a verdict if your lawsuit proceeds to trial following numerous motions to dismiss or motions for summary judgment. If the court grants you damages, your lawyer will assist you in swiftly obtaining them.

The aforementioned is true. Investigating every conceivable instance of negligence is crucial if you sustain injuries in an accident while operating an electric bike.. It’s crucial to hold the offending party accountable for their conduct when you realize that they have harmed you. The assistance of injury attorneys will help you better understand your legal options for pursuing compensation. They will walk you through each step so you know what to expect and how to carry out your legal action.


Vicky Houston

Hi, I am Vicky! At e-bikeguide, we are passionate about electric bicycles and love sharing our knowledge and research with you. We strive to be the ultimate resource to learn all you can about caring for your lovely electric bike!

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