South Florida Injury Lawyer Blog
As electric bikes and scooters become more popular, accidents and injuries associated with them are naturally also on the rise. These injuries can occur when the rider is struck by another vehicle on the road, but they can also occur from unsafe surfaces or from a manufacturer’s defect in the e-vehicle or in your protective equipment. If you’ve been injured riding an e-bike or e-scooter and you think someone else’s negligence contributed to your injuries, you may be able to receive financial compensation for your injuries and damages.
Reasons for increased injury
One of the differences between electric bikes, scooters, and even skateboards is that they can go significantly faster than their non-electric counterparts. Drivers may not be prepared for the sudden appearance of someone on a micromobility vehicle, and riders may not be aware of the seriousness of injury that can occur when falling off one of these electric devices.
According to an AAA spokesperson, the average bicyclist can go about 15-20 miles per hour, but an e-bike can travel at 30 or 40 mph, and even faster. This surprises drivers and significantly increases the severity of injuries upon impact in an accident.
The additional concern is the lack of protective gear or incorrect gear. A 2023 study found that electric scooter injuries in Tampa were associated with high rates of head injury and low rates of helmet use. Electric-device riders often do not wear much protection, or they use a typical bicycle helmet, which may not provide enough protection at the higher speeds at which an e-bike travels.
Ways to protect yourself
Treat your electric bike or scooter more like a motorcycle than a bike, and you may be able to protect yourself from serious injuries. Wear a sturdy helmet and protective eyewear. Don’t wear earbuds or headphones—you need to be able to hear approaching vehicles. Wear bright clothes and reflective gear.
Stick to low-speed and low-traffic roads when it is necessary to go on the road. Otherwise, stick to well-maintained bike lanes and trails. Do not carry a passenger on your micromobility vehicle.
Stay alert at all times and keep both hands on the handlebars. Keep your electric vehicle in good repair and well-charged. Be aware of the weather, and avoid driving in bad weather, if possible.
Causes of accidents or injury
As they say, an ounce of prevention is worth a pound of cure. By taking precautions, you will decrease your chances of being injured in an accident. But sometimes, accidents occur.
Compared to other states, Florida consistently ranks near the top among states with the highest bicycle-related accidents, serious injuries, and fatalities. Many of these accidents are caused by driver error; drivers often fail to yield, are distracted, or commit driving violations that lead to accidents with bikes and other small vehicles, including micromobility vehicles. Popular tourist areas tend to have higher rates of accidents for these reasons, since so many drivers don’t know the roads, are busy looking for their destination, or are otherwise distracted.
Other causes of accidents may be poorly maintained roads, curbs, and sidewalks, potholes and cracks, and a lack of bike lanes on some roads, forcing bikers into the lane of traffic.
Defective products, such as a defective helmet or e-bike, can also be the cause of serious injuries in the event of a crash or fall caused by the defect.
Seeking compensation
Florida law stipulates that electric bikes have the same rights and responsibilities on the road as do other vehicles. That means that you have to follow the laws of the road just as they do. But it also means that they have to share the road with you and show caution around e-bikes and other micromobility vehicles.
The process of seeking compensation for injuries incurred while operating an e-vehicle is the same as any other vehicular accident, with the exception of insurance coverage. Depending on your particular situation, the insurance that may be responsible for paying for your injuries may be your auto insurance, homeowner’s insurance, medical insurance, or other policies you have. As a personal injury lawyer in Florida, I go through every policy that you have and determine which has the responsibility to compensate you for injuries, loss of income, and other damages. More than one form of insurance may be liable, so you will want an expert to review them.
If your injuries and other damages exceed what your insurance policies provide, you may be able to file a personal injury claim against the person or entity whose negligence significantly contributed to your suffering. As with any personal injury lawsuit, Florida law requires that the plaintiff in a personal injury case prove:
- The person or business who caused your injury owed you a duty of care
- The person or business was negligent in that duty
- You suffered injury or damage that was caused by the breach of duty
- The injury or damage can be demonstrated legally
Everyone on the road owes a duty of care to everyone else to drive cautiously and avoid causing harm. Every municipality has a duty to keep roads and sidewalks safe. And every manufacturer has the duty to produce products that work properly and will not malfunction when used as intended.
If you have been injured while operating an e-vehicle, reach out to our office from anywhere in Florida so that we can see how we can help you. Contact our office today, 24/7, at (954) 448-7288, to schedule a free consultation to discuss your case.