The number of injuries from e-bike and e-scooter accidents in the U.S. has surged in recent years. With their convenience and growing popularity, these devices have transformed urban transportation, especially in a bustling state like New York. But what happens when a quick ride to work or a leisurely trip around town turns into a life-altering accident?
If you’ve gotten hurt while riding an e-bike or e-scooter in New York, the aftermath is often devastating. You may grapple with medical bills, lost wages, and the uncertainty of who is liable for your injuries.
A personal injury lawyer can guide you through these challenging times, offering clarity on your legal rights and the steps you can take to secure the compensation you deserve.
If an e-bike or e-scooter accident hurts you or a loved one, don't navigate this complex situation alone. Call William Mattar Law Offices today at (716) 444-4444 to discuss your case with an experienced e-scooter accident attorney who can advocate for you to receive maximum compensation.
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New York’s E-bike and E-scooter Laws
Before we discuss what you should do in certain scenarios, we should review the relevant laws governing e-bikes and e-scooters. New York State and its localities have specific laws that classify and regulate these devices, directly affecting your rights if someone injures you.
E-bike and E-scooter Classifications
In New York, e-bikes and e-scooters fall into several categories, each with its own set of regulations.
According to the New York State Vehicle and Traffic Law (VTL) § 114-e, e-scooters are defined as devices with handlebars, a floorboard, or a seat, capable of being powered by an electric motor and can reach speeds of up to 20 miles per hour (note that it is illegal, however, to ride these faster than 15 miles per hour).
The law classifies e-bikes, on the other hand, are classified into three categories based on their speed and mode of operation. According to the law, a “Bicycle with electric assist” is no more than 36 inches wide and has an electric motor of less than 750 watts, equipped with operable pedals meeting the equipment and manufacturing requirements adopted by the Consumer Product Safety Comission:
- Class 1 E-bike: A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of 20 miles per hour.
- Class 2 E-bike: A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of 20 miles per hour.
- Class 3 E-bike: Limited to cities like New York City with populations of one million or more, a bicycle with electric assistant having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour.
These classifications determine whether you are eligible for specific protections under New York law if you're injured. Here's how the laws generally apply:
E-Scooters
For standard electric scooters (e-scooters):
- E-scooters are not motor vehicles under New York law and you do not need to register or insure them.
- If a motor vehicle hits an e-scooter rider, they can file a claim with the motor vehicle's no-fault insurance policy.
- E-scooter riders generally count as pedestrians under the no-fault law when involved in accidents with motor vehicles.
E-Bikes
The application of no-fault insurance for e-bikes depends on their classification:
- Class 1 and Class 2 E-Bikes: Like e-scooters, they are not considered motor vehicles for insurance purposes. Riders can typically claim no-fault benefits if a motor vehicle hits them.
- Class 3 E-Bikes: The insurance situation for Class 3 e-bikes is less clear and may depend on specific circumstances.
Motorized Scooters
For scooters classified as limited-use motorcycles:
- If the scooter has an engine larger than 50cc or can exceed 30 miles per hour, it's subject to similar laws as motorcycles.
- These vehicles require liability insurance coverage.
- Riders of these scooters may not be eligible for no-fault benefits, similar to motorcycle riders.
Other Options that May Apply
- If no other insurance is available, pedestrians or cyclists injured by e-scooters may file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
- In cases where expenses exceed the $50,000 available under New York no-fault, injured parties may file a personal injury lawsuit against the responsible party.
Laws and regulations in this area are constantly evolving, and the specific circumstances of each accident can affect how no-fault insurance applies. Consult our team–we will analyze your case and offer you tailored advice based on your unique situation.
Where You Can Ride
Under New York law, you may generally operate these devices on roads with speed limits of 30 miles per hour or less, and in designated bike lanes. Riding on sidewalks is strictly prohibited unless explicitly allowed by local ordinances. If you broke any of these guidelines when you had your accident, it may affect how much compensation you can claim.
Common Causes of E-bike and E-scooter Accidents
Motor Vehicle Collisions
Collisions between e-bikes or e-scooters and motor vehicles are a major cause of accidents. Drivers may not always see these smaller, quieter devices, particularly at intersections or when making turns.
In New York, right-of-way laws (VTL § 1146) require drivers to exercise due care to avoid colliding with pedestrians, cyclists, and now, e-scooter riders. This makes them potentially liable if they cause an accident.
Infrastructure and Environmental Hazards
The condition of the road itself often plays a significant role in e-bike and e-scooter accidents. Potholes, debris, uneven surfaces, and poorly marked lanes can cause riders to lose balance and crash.
In New York, municipalities are responsible for maintaining safe roads and signage. However, the law generally immunizes the city or town from liability if an accident occurs due to poor road conditions. However, exceptions exist, and you may still be able to hold them liable.
Riders must also be wary of environmental hazards like sudden weather changes. Rain, snow, or ice can make roads slippery and unpredictable, greatly increasing the chances of an accident. In most cases, you cannot blame others if poor weather hurts you.
Determining Fault in E-bike and E-scooter Accidents
If you need to file a personal injury claim, you must prove that the defendant (the party you are accusing of being responsible for your accident) was legally liable for your damages. Here’s how courts determine fault under New York law:
Negligence
In New York, determining liability in e-bike and e-scooter accidents hinges on negligence. Negligence occurs when someone fails to act with the care that a reasonably prudent person would under similar circumstances.
This could involve various scenarios:
- Driver Negligence: If a motorist fails to yield the right of way or is distracted, they may be liable.
- Municipal Negligence: To succeed in proving municipal negligence, you must prove that certain officials in the government displayed gross negligence that led to your accident. For example, if the government knew about unsafe conditions on a certain road, but neglected to fix it within a reasonable time, you may have a valid claim against them.
- Product Liability: In cases where an e-bike or e-scooter malfunctions due to a defect, the manufacturer may be liable. This can involve claims based on faulty brakes, software issues, or other mechanical failures (more on this further down).
Comparative Negligence
In many accidents, more than one party may be at fault. New York’s pure comparative negligence rule allows for compensation even if you are partially responsible:
- How It Works: Your compensation will decrease by your percentage of fault. This ensures that all parties share the financial burden proportionately.
- Multiple Parties Involved: In cases where both a driver and a municipality are at fault, they can both share liability. For instance, if an accident occurs in a poorly marked intersection, both the driver who failed to yield and the city that neglected proper signage could be held responsible.
What Happens If the Accident Involves a Hit-and-Run or Defective Equipment?
E-bike and e-scooter accidents are distressing enough, but when they involve a hit-and-run or defective equipment, the situation becomes even more complicated. Fortunately, New York law provides avenues for legal recourse in these challenging scenarios.
What to Do When the Driver Flees
A hit-and-run accident is when the driver responsible for the collision leaves the scene without providing contact information or offering help.
This leaves victims feeling helpless, but there are legal steps you can take:
- Uninsured Motorist Coverage: In New York, your auto insurance policy may include Uninsured Motorist (UM) coverage, which applies if you cannot identify the at-fault driver. This coverage can compensate you for medical expenses, lost wages, and pain and suffering up to the limits of your policy.
- Filing a Police Report: Report the hit-and-run to the police immediately. The police report serves as official documentation of the incident and may assist in tracking down the fleeing driver. The report is also essential when filing an insurance claim.
- Seeking Legal Assistance: Given the complexity of hit-and-run cases, we highly advise hiring an attorney. They will help ensure you get adequate compensation even if they cannot hold the responsible party liable.
Holding Manufacturers Accountable
If a defect in the e-bike or e-scooter caused your accident, you might have grounds for a product liability claim. Here’s how to proceed:
- Identifying the Defect: Common defects include malfunctioning brakes, faulty batteries, or software issues that lead to sudden acceleration. If you suspect that a defect caused your accident, preserve the e-bike or e-scooter as evidence and avoid any repairs that could alter its condition.
- Product Liability Claims: Under New York law, manufacturers, distributors, and retailers can be held liable for injuries caused by defective products. To succeed in a product liability claim, you must demonstrate that the defect existed when the product left the manufacturer, that it caused your accident, and that you were using the product as intended.
- Types of Defects: Product liability claims can be based on design defects, manufacturing defects, or failure to warn. For instance, you may have a valid case if an e-scooter’s design makes it prone to tipping over, or if the manufacturer failed to warn users about potential risks.
What Can You Seek Compensation For?
After an e-bike or e-scooter accident, you may be entitled to compensation for various damages.
These can include:
- Medical Expenses: This covers hospital bills, surgeries, medication, physical therapy, and any future medical care needed due to your injuries.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you've lost, including potential future earnings if your ability to work is affected long-term.
- Pain and Suffering: This includes compensation for the physical pain and emotional distress caused by the accident and its aftermath.
- Property Damage: If the accident damaged your e-bike, e-scooter, or any personal belongings, you could be compensated for repair or replacement costs.
- Loss of Enjoyment of Life: If your injuries result in a long-term or permanent inability to participate in activities you once enjoyed, you may seek compensation for this diminished quality of life.
- Disability and Disfigurement: If the accident results in permanent disability or disfigurement, you may recover additional compensation for these life-altering changes.
Hurt on an E-bike or E-scooter? We Can Help
When you've been injured in an e-bike or e-scooter accident, we know how daunting the road to recovery can be. Legal hurdles, insurance battles, and the physical and emotional toll of your injuries make this a difficult journey.
At William Mattar Law Offices, we're here to guide you through every step of the process and fight tirelessly for the compensation you deserve.
Don’t wait–evidence can disappear, witnesses’ memories can fade, and you could lose your chance to secure the compensation you need to recover fully. The stakes are high, and your future well-being depends on taking swift, decisive action.
Let us stand by your side, armed with decades of experience and a deep understanding of New York’s laws. Contact William Mattar today at (716) 444-4444 so you receive the full compensation you’re entitled to.