E-scooters and e-bikes provide alternative forms of transportation to get around busy cities like Philadelphia, but what happens if you are injured in an accident involving one of these vehicles? Every case is different. An experienced personal injury lawyer with Cousin Benny can discuss your situation during a free consultation to explain your legal rights and options.
What Are E-Scooters and E-Bikes?
Electric scooters are stand-up with top speeds of approximately 15 mph, according to Consumer Reports. In contrast, electric bikes have traditional bike frames, are pedal-assisted, and have maximum speeds of approximately 28 mph. To be legal in Pennsylvania, e-bikes must have functional pedals, a motor under 750 watts, and a maximum assisted speed of 20 mph.
The Rise of E-Scooters and E-Bikes in Philly
In recent years, e-scooters and e-bikes have rapidly grown in popularity across the United States. They are especially popular in busy cities like New York and Los Angeles, as they help users avoid heavy traffic and get around busy areas unfettered. They offer accessibility, convenience, and affordability. Their attractiveness to consumers has inspired companies like Bird and Lime to rent them to daily users.
Despite their popularity, these devices can be dangerous when riders do not use them correctly or motorists do not keep a proper lookout for them. Additionally, their proliferation has outpaced the development of proper safety regulations and infrastructure. As their use increases, so does the number of accidents involving them.
The American College of Surgeons said that more than 20,000 people are injured in e-bike accidents every year, with 3,000 people hospitalized for such injuries.
According to a report, Micromobility Products-Related Deaths, Injuries, and Hazard Patterns by the United States Consumer Product Safety Commission, injuries associated with all micromobility devices (including e-scooters, e-bikes, and hoverboards) increased by approximately 21% in 2022 from 2021. Injuries related to these vehicles have increased since 2017 by an average of 23% each year. Nearly half of all estimated e-bike injuries from 2017 to 2022 occurred in 2022. The national organization also reports the death of 233 people associated with these micromobility devices from this same time period.
Some organizations have researched the surge of e-scooter accidents after their rollout. For example, the American Academy of Orthopaedic Surgeons found that e-bike accidents involving children increased by 300% in San Diego, California, from 2019 to 2023. An orthopedic surgeon associated with the report said that their findings underscore the need for community-wide strategies for “injury prevention, regulation, and education on e-bike use.” A report by the National Library of Medicine found a six-fold increase in electric-scooter-related injuries reported in emergency rooms after shared electric scooter services were introduced in another city in August 2018.
Common Causes of Scooter and E-Bike Accidents
Scooter and bike accidents can occur for various reasons, including the following:
- Inexperience: Many people who use these devices do so on a first-time basis or otherwise lack a lot of experience with them. They may be unaccustomed to using these vehicles at higher speeds, leading to accidents.
- Inattention: Motorists are expected to pay attention to potential hazards, including pedestrians, bicyclists, motorcyclists, and other road users. If a driver is distracted by a cell phone or otherwise not paying attention, they may accidentally hit a more vulnerable road user.
- Speeding: When drivers speed, they have less time to respond once they recognize a hazard. Additionally, injuries in speeding-related accidents tend to be more serious than in those involving lower speeds.
- Driving under the influence: Some drivers make the dangerous decision to drive while under the influence of drugs or alcohol. This impairs their judgment, motor function, and ability to safely operate a motor vehicle, drastically increasing the likelihood of a collision.
- Dooring incidents: Some accidents involving e-bikes and scooters occur when a vehicle occupant negligently opens their door into the path of another road user.
- Mechanical defects: Scooter accidents can occur when the device does not function as intended. When faulty brakes, problematic steering components, or defective tires are involved, the rider may not have full control over the device, which can make it more likely that accidents will occur.
- Poor road conditions: E-scooters and bikes are more vulnerable to surface conditions than other road users. They can be harmed due to uneven sidewalks, debris in the roadway, potholes, or other forms of poorly maintained roads. These poor road conditions can cause riders to lose control and suffer serious injuries.
Who Can Be Held Liable in an E-Bike Accident?
In most personal injury cases, liability comes down to whether the defendant being sued was negligent. Negligence is typically based on how the defendant violated a legal duty they had to avoid causing an accident and caused an accident that led to harm to the victim. Some of the parties who may be found to be negligent
Drivers
Drivers may act negligently by speeding, texting while driving, not paying attention, or making other errors that lead to the accident. If you were injured by a negligent driver, you may be able to file a claim with their insurance company for compensation.
Cyclists or Pedestrians
Some e-bike accidents occur with cyclists or pedestrians. These individuals may not be looking for e-bike or e-scooter users and may make a dangerous maneuver in front of them that leads to harm.
Rental Companies
Some e-bikes and scooters are rented out by companies. These companies are responsible for maintaining the vehicles and may be liable when negligent maintenance contributes to an accident.
Product Manufacturers
If an accident occurs due to a defect in a vehicle, the product manufacturer may be liable for the resulting injuries.
Municipalities
Some of these accidents occur due to dangerous road conditions, such as potholes, uneven sidewalks, or debris in the roadway. In such accidents, the governmental agency responsible for maintaining or designing the roadway may be responsible for these injuries.
How Pennsylvania Law Treats Scooter and E-Bike Riders
Pennsylvania law treats e-bikes and e-scooters very differently. Electric bikes are street-legal in Pennsylvania. E-bike riders are treated similarly to riders of traditional bicycles.
In contrast, electric scooters are not legal in Pennsylvania on public roadways. This is because they do not meet the title, registration, equipment, and inspection rules. For example, scooters often lack necessary equipment, such as fenders, turn signals, and lights.
Electric scooters are considered motor-driven cycles under the law, which are defined as “a motorcycle, including a motor scooter, with a motor which produces not to exceed five brake horsepower.” Therefore, they must comply with laws and regulations that apply to motorcycles, including title, registration, insurance, equipment, and inspection. Most electric scooters do not meet these requirements. Even if they did, it is illegal to operate a motor vehicle at such a slow speed to impede the normal and reasonable flow of traffic. As such, they are generally banned on sidewalks and public roadways, though they can be operated legally on private property.
Insurance Coverage Challenges for Micromobility Accidents
Many motor vehicle accident victims are able to recover compensation for their medical expenses, lost wages, and pain and suffering by filing an insurance claim. However, if a person is injured by someone riding an electric scooter or e-bike, the rider may not have auto insurance. And, if the person injured was riding an electric scooter, they may find it difficult to file an insurance claim when they were illegally operating this type of vehicle.
An experienced attorney can carefully evaluate your situation to determine the insurance policies that may apply, including vehicle insurance, homeowner’s insurance, umbrella policies, or commercial liability insurance. It may also be possible to file a personal injury lawsuit against the party responsible for your injuries.
How to File a Personal Injury Claim or Lawsuit
An experienced personal injury lawyer can walk you through the legal process of filing an insurance claim or personal injury lawsuit. This process involves investigating the accident, presenting evidence of liability, and demanding fair compensation for the damages you have sustained.
What to Do Immediately After an E-Bike Crash
After an e-bike crash, call 911 to notify the authorities of the accident and request medical assistance. If possible, try to document the scene with your cell phone by capturing images or videos of the damage to your bike and other vehicle involved, your injuries, and the accident scene.
Request the driver write down their name, contact details, and insurance information. Ask witnesses for their contact information. Contact an experienced personal injury lawyer for additional assistance.
When to Contact a Personal Injury Lawyer
If you were injured in an e-bike or e-scooter accident, the time to contact a personal injury attorney is now. The law limits the amount of time you have to file your claim, and a lawyer will need to act quickly to preserve evidence in your case. Contact Cousin Benny Injury Lawyers today for a free consultation.
