How Does Liability Work in a New York E-Bike Accident?

On April 29, 2021 by No Comments

The streets of New York are always bustling with cars, buses, trucks, people, scooters, and bikes. Now, there’s one more mode of transportation to deal with: e-bikes.

E-Bikes may be the newest micro-transportation on New York streets, but they come with big dangers of their own. In fact, a handful of e-bike riders suffered deadly accidents under circumstances that remain unclear, because no other vehicles were involved.

The New York state legislature has created some laws surrounding the use of e-bikes to help ensure the safety of riders and others on the street.

Here’s what you need to know about e-bike usage in New York and what damages to pursue if you’re injured by one.

What Is An E-Bike?

New York defines an e-bike as a bicycle no wider than 36 inches that has an electric motor with 750w or less. They also have fully functional pedals.

The state does not require drivers to register their e-bike, nor do they mandate a license or insurance to operate one. Riders do need to be at least 16 years old. They must wear a helmet when operating an e-bike if it’s throttle-controlled up to 25 miles per hour.

You can operate e-bikes on roadways in New York with posted speed limits of 30 mph or less. You cannot use an e-bike on a sidewalk, except where it is expressly authorized.

Each municipality does regulate the place, time, and manner of e-bike operation as they see fit.

Injured on an E-Bike in NY

When something goes wrong on an e-bike, injured persons may receive compensation. Compensation might be collected to cover:

• Medical expenses, both current and future
• Lost wages
• Loss of companionship
• Pain and suffering

Common Injuries on E-Bikes

Some of the most common injuries on e-bikes include:

• Head injuries
• Brain injuries
• Cuts
• Bruises
• Broken bones

Who Can You Sue for an E-Bike Accident?

If you want to pursue damages after an e-bike accident, who do you hold liable for damages? That depends on the circumstances surrounding your case. Possible liable parties could encompass other vehicle operators, other e-bike operators, or even the e-bike manufacturer.

If a malfunction caused the accident, the manufacturer of the e-bike can be held liable, especially if the accident was due to:

• Design defects in the e-bike
• Defects that occurred during the manufacturing process
• Mislabeling or warning error describing e-bike dangers

If you rented the e-bike, the rental company may be liable for your injuries.

If you were struck by a vehicle, the party responsible for the accident can be sued for damages.

How to File an E-Bike Lawsuit in NY

In an e-bike accident, always prioritize care for your injuries first. After that, contact an attorney to discuss a lawsuit regarding compensation for your injuries. They can help you with the liability and filing process.

E-Bikes are a great way to get where you want to go, but their size and exposure carry inherent risk. If you’re injured, make sure to pursue the compensation to which you’re entitled.

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