Several months after it was legalized, the number of incidents involving e-bikes and e-scooters causing injuries to pedestrians has been rising. While the new legislation fails to classify these electric two-wheelers as motor vehicles, only as bicycles, meaning that the mandatory motor vehicle liability insurance does not cover it, how can you determine the responsibility and liability of an accident caused by an E-Bike or E-Scooter in New York? What does the New York personal injury law say about these accidents?
E-Scooter And E-Bike Laws In New York
On April 1, 2020, electric-powered bikes and scooters were legalized in New York. The new legislation classified e-bikes into three distinct classes;
Under class 1, there are pedal-assist bikes that can go for up to 20mph.
Class 2 includes all throttled powered e-bikes that can hit 20 miles per hour.
Finally, Class 3 includes all throttled powered bikes that can hit up to 25 mph in cities of over one million population. Basically, all scooters used by delivery companies in New York fall under this category.
More regulations made available by the new bill includes;
- All e-bikes and e-scooters that can max out 15 mph are now legal everywhere in New York.
- Scooter sharing programs are not allowed in all boroughs, including Manhattan. A pilot program is set to be unveiled in Queens and Brooklyn.
- Anyone riding the Class 1 and Class 2 e-bike around 16 or 17 must wear a helmet.
- Anyone riding the Class 3 e-bike must wear a helmet
- E-bikes and scooters are not to be used on sidewalks
- Anyone riding an e-bike of any class that is found to be intoxicated or under the influence of drugs will face a $500 fine and/or 15 days in jail
Common E-Bike Injuries In NY
- Traumatic brain injury and concussion
- Broken bones
- Neck and back injuries
- Lacerations leading to scarring or disfigurement
- Fractures of the skull, face, arms, legs, and pelvis
- Facial and dental injuries
- Burn injuries
- Internal injuries and bleeding
Proving Who’s Liable
Proving responsibility and liability for electric bikes and electric scooters’ accidents depend on how the incident happened and will require on the best local injury law firms to disect the circumstance of the case. But on one leg as they say, New York’s no-fault insurance system does not cover the e-bikes, you can make your claims directly against the party liable for the injury.
To determine liability, you’ll need to hire the services of an experienced personal injury lawyer who will be able to conduct a detailed investigation and fact-finding, gathering the necessary evidence to back your claim.
If you’re involved in an e-scooter or e-bike accident;
- Remain at the scene and call the police
- Try and get information about everyone involved in the accident and possible eyewitnesses
- If it is possible, take pictures of the scene, damages, and injuries
- Seek medical attention
- Contact your insurance company and inform them about the accident
- Keep all documents—bills of medical treatments, medications, physical therapy, lost wages, and any other losses
- Contact an experienced personal injury lawyer near you. Never agree or sign any settlement until you’ve spoken with your attorney.
Possible Compensation For E-Scooter Injury Claims
Whether you’re injured on your e-scooter or another e-scooter stuck you, you can claim legal compensation for the injury. This compensation can include,
- Medical bills
- Lost wages
- Reduced earning capacity (determined by the severity of the injury)
- Pain and suffering
- Future treatments
If you’re a victim of an e-bike or e-scooter accident, you have every right to seek for and get duly compensated for the damages, medical expenses, lost wages, prolonged rehabilitation, and so much. All you have to do is seek the services of an experienced personal injury lawyer.
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