Electric Bike Accidents

More than 900,000 New Yorkers regularly ride a bike. The number of bike trips taken in the city in a day is around triple the number taken 15 years ago. Use of electric bikes has risen around the country and across the state. Electric bikes are battery powered “micro-mobility vehicles.” In conjunction with a rise in operation, there has been a push towards making sure there are safe dedicated space for operators. Unfortunately, the increased use of micro-mobility vehicles has led to injuries arising from their use going up 70% in the last four years according to the Consumer Product Safety Commission (CPSC).

If you were injured or a loved one died in an electric bike accident in Westchester County, New York, the Hudson Valley, or surrounding areas, you should discuss whether you have a basis for a claim with experienced personal injury lawyer Mark A. Siesel. Your consultation with The Law Office of Mark A. Siesel is absolutely free and does not obligate you in any way.

Liability for Electric Bike Accidents

You should wear a helmet when riding an electric bike, e-scooter, or hoverboard. Head injuries and visits to the emergency room after an accident involving these micro-mobility vehicles are common. From 2017 – 2020, there were 190,000 E.R. visits in connection with riding them. While cars remain a primary danger to bicyclists and pedestrians, those riding the electric bikes and other micro-mobility vehicles face a real risk of injuries and deaths; an actress was killed in the city after being hit by an e-scooter.

The CPSC has found e-scooters have problems with fires and brakes. Specifically, the lithium-ion batteries used by e-bikes can overheat or cause fires or explosions, especially when overcharged,  poorly designed, or damaged. In addition, e-bikes are heavier than traditional bikes, which puts extra pressure on brakes and brake pads, which can cause these components to wear out prematurely.

Some of the injuries and deaths are sustained by children and teens riding these vehicles. Since children and teens are often more likely to ride e-bikes, they can bear the brunt of crashes and injuries related to these bikes.

Electric bikes don’t require a license to operate. Moreover, they’re easily rented through app-based services. While voluntary standards are being developed for these vehicles by the CPSC, ASTM International and Underwriters Laboratories, there are various precautions bikers should take, including wearing a helmet and inspecting these vehicles for defects and damages in order to avoid a crash.

If you were injured on an electric bike or you were a pedestrian into whom an electric bike rider crashed, our lawyers may be able to recover damages by bringing a personal injury lawsuit. In most cases, we’ll need to establish another’s negligence. This requires us to show: (1) you were owed a duty to use reasonable care by the defendant, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. The defendant’s duty of care depends on the particular situation. For example, if you were a pedestrian walking on a sidewalk and an electric bike rider crashed into you, you may be able to establish that the rider owed other users of the road reasonable care by following the rules of the road. You may be able to show that the rider was negligent by not paying attention, and he or she caused damages to you when you fell down and sustained injuries.

In some instances, others besides a biker or a driver may bear responsibility. For example, an employer of a drunk delivery person who injured someone on an electric bicycle might be held accountable. In cases of companies offering e-bikes for rent, the companies may be held liable if they fail to maintain their bikes or fail to inform riders of local laws, such as any requirement to not ride the bikes on sidewalks.

An experienced attorney can help you establish liability, can find all liable parties, and can pursue your financial recovery. If you’re in Westchester County, Dutchess County, Orange County, Rockland County, or surrounding areas, and have been injured by an e-bike, contact The Law Office of Mark A. Siesel for a free consultation.

What an Electric Bike Accident Lawyer Can Do For You

Often, a defendant’s attorneys and her insurers aggressively look for ways in which the plaintiff is at fault for the injuries sustained. New York follows the doctrine of comparative negligence. Under this doctrine, a plaintiff’s damages are reduced by her amount of proportionate fault for the accident. This is one of the reasons it is critical to consult your own legal counsel.

Another reason to get your own attorney as quickly as possible is because the costs of your injuries may be more substantial than you initially think. When you file a claim, you may be blamed for the accident or the at-fault party may want to settle very quickly and inexpensively—before you even have a definitive diagnosis regarding your injuries.

An attorney can put the correct dollar amount on your injuries. After a serious electric bike crash, you may have suffered broken bones, head trauma, soft tissue injuries, internal injuries, and other serious harm. As a result, you may be facing many costs, including:

• Pain and suffering caused by your physical injuries.
• Emergency room costs.
• Costs related to a hospital stay.
• Medication.
• Medical devices, such as wheelchairs or crutches.
• Rehabilitation, therapy, and ongoing treatment.
• Consultations with specialists.
• Lost wages, if you can’t work due to your injury.

In addition to the immediate expenses associated with your collision, your attorney will help you consider expected future costs. If you are expected to be away from work for three months or more, you will want to be compensated for that. If you will need additional dental care for the rest of your life because you have lost a tooth, you will want financial recovery for that, so you can pay for necessary medical care years from now.

When you are physically injured, you may also have additional costs. For example, you may need to pay for transportation if you can’t drive or bike because of your injury. You may also be facing incidental costs, such as childcare or personal care costs. if you can’t care for yourself or your household members because of your injury. You may also have replacement and repair costs for your bike and any personal items damaged in the crash. When you have suffered a serious personal injury, your attorney will help you calculate all these additional costs and pursue compensation for you, so you don’t have to deal with the burden of these additional costs on your own.

Once you accept a settlement offer, you cannot go back and file a claim to seek additional compensation. Your attorney will evaluate your current and likely future costs, reducing the risk you accept less than you’re entitled to. Your lawyer will also seek non-economic damages for pain and suffering, if applicable in your case, to secure compensation for the way a serious injury impacts your quality of life.

Pursuing fair compensation is crucial in electric bike accidents because of the serious injuries you may suffer. Adequate financial recovery can reduce the risk of financial pressure later and ensures you can pay for the support and treatment you need.

If you have lost a family member in an electric bike accident, it is also important to consult with a personal injury attorney who has experience with electric bike accidents. An attorney can help you pursue financial compensation for pain and suffering, final medical bills, lost companionship, burial costs, and more. Your attorney can also help you pursue compensation to cover the income contributions your family member made to your household. While in your grief you may not feel prepared to take on the legal process of filing a claim, an attorney can handle the process for you and can protect your rights when you are most vulnerable. 

An attorney can explain your options and help you pursue justice and compensation. Your lawyer knows how to build a strong case, how to file a claim, and how to successfully negotiate. Legal counsel is familiar with the strategies used by defendants, insurance companies, and their attorneys, and will work to make sure you can pursue fair compensation and get treated fairly.

Contact The Law Office of Mark A. Siesel

If you were injured in an electric bike accident, or if you have had a loved one injured or killed in this type of accident, you should discuss your situation with our experienced White Plains personal injury lawyers. Mark Siesel has more than 38 years of experience in court representing accident victims in the Bronx, Queens, and Brooklyn, as well as Ulster, Rockland, Sullivan, Dutchess, Orange, Kings, Putnam, and Westchester Counties. Call The Law Office of Mark A. Siesel at (914) 428-7386 or complete our online form. Let’s schedule a free consultation to discuss your case.