I understand e-bike riders. While I have been a long-time cyclist on road bikes, gravel bikes, mountain bikes, and commuter bikes, I have also been an e-bike rider.
Motorists don’t always treat us safely on e-bikes. Motorists too often treat e-bikes as a lesser kind of transportation. Or motorists see e-bikes as a “novelty” or just a trend that will go away.
This is wrong.
Florida law requires them to act safely toward us.
Under Florida law, e-bikes are classified into three types, depending on their max assist speed and whether they have a throttle. ALL e-bikes are legally entitled to be ridden on the road.
Here are some “Frequently Asked Questions” about your legal rights on an E-bike:
FAQ's about E-Bike Accidents
If you have a question about that isn't answered, please contact me.
Florida law gives you a deadline for the amount of time you have to make a legal claim to be compensated for your e-bike accident. If you miss the deadline, then your claim could become worthless.
What is the deadline? Generally, if your e-bike accident happened in Florida, then Florida law gives you two years from the date of your e-bike accident in order to file a lawsuit against the parties responsible. But there are exceptions that could make the deadline even shorter. Please note this timeframe used to be four years, but Florida law was just changed in 2023.
If your e-bike accident occurred in another state, then the deadline could be shorter. If the e-biker died in the Florida accident, the Florida law time limit for bringing a claim related to the death is only two years from the date of the death.
If your claim is against the government (the person who struck you was an employee of state or local government, who was working at the time), there is a shorter time deadline that may apply. It takes a lot of preparation and investigation for me to bring your e-bike claim, so you should contact me right away. Don’t wait until the deadline is approaching.
Florida law gives you, the injured e-bicyclist, a right to be compensated. Florida law also gives your spouse the right to be compensated for your electronic bike injuries. In certain circumstances, your children may also be entitled to compensation as well.
- Claim of injured e-cyclist
Florida law states that you, when injured on your e-bike due to the negligence of another, can recover for your past and future medical bills, past and future loss of wages, pain and suffering, loss of enjoyment of your life, and mental anguish caused by the accident.
- Claim of spouse of e-cyclist
By Florida law, your spouse is entitled to recover “loss of consortium” caused by your e-bike accident and injuries. This means your spouse can recover money to account for the loss of your love, companionship, comfort, physical or romantic relationship, and your help in performing tasks in the parenting and running the household.
- Claim of children of e-cyclists
Florida law states that a child to be compensated when their parent is permanently and totally disabled (unable to work) as a result of a electronic bicycle accident caused by the negligence or another. The child is entitled to recover for their loss of services, comfort, and companionship with their parent.
Generally, any person or party who was negligent and contributed to causing your injuries is liable to pay compensation. In addition, the owner of the car or truck used to injure you or damage your e-bike is also responsible. The employer of an employee, who was working while driving when the accident happened, may also be responsible to you.
It is very important that a lawyer determine all the kinds of insurance that are available to pay money compensation. Insurance companies charge a premium to their customers to provider insurance. The insurance companies earn profits by providing insurance for a fee. It is only fair that when an accident happens, the insurance companies pay compensation to the e-bike victims.
- I will investigate and study how the e-bike accident happened.
I will obtain the police report of the crash, communicated with eyewitnesses, and inspect your bike or e-bike. I will try to obtain video that captured the accident. This can come from surveillance cameras in the vicinity (Ring, business security cameras, etc.), video captured by the vehicle, or traffic lights cameras. I may obtain the driver’s cell phone to check for texting or talking while driving. I will ask for your GPS unit on your e-bike. I may hire an accident reconstruction expert to assist me. I will monitor any traffic citations that arose from the police investigation of the accident, and my provide input on your behalf.
- I will investigate insurance to pay compensation for your e-bike injuries.
Insurance that applies to an e-bike accident is tremendously valuable - it means that there is someone who is fully capable of writing the check to compensate you or your family. Insurance comes from many different sources such as auto insurance, homeowner’s insurance, personal umbrella insurance, business insurance policies, rental vehicle policies, short and long-term disability insurance policies, and health insurance. If there is no insurance, the person who caused your accident is still personally responsible to compensate you.
- I will will prove the seriousness of injuries.
I will communicate with your doctors, obtain medical records and employment records. Over more than 30 years, I have developed an excellent professional relationship with many physicians, and will collaborate with them to prove how your e-bike injuries have impacted your life, and how they will continue to effect you in the future.
- I will bring your e-bike case to a judge and jury.
It is the rare situation when a responsible party admits causing the e-bike accident and voluntarily pays full compensation. Their insurance companies may focus all of their energy and effort on preventing you from receiving full compensation. The insurers may care much more about their shareholders and being profitable than their victims. In that situation, I look forward to present your case to a judge and jury to obtain full justice and compensation for you.