E-bikes and e-scooters have surged in popularity in recent years as convenient and eco-friendly modes of transportation. Electric bicycles are equipped with motors to assist or replace pedaling. E-scooters are motorized stand-on platforms with handlebars and small wheels. These vehicles, while maneuverable and versatile, present significant safety issues that have led to a rise in accidents and injuries.

E-bikes fall into three classes based upon methods of propulsion:

• Class 1: The motor assists only when the rider is pedaling and cuts off at 20 mph. 

• Class 2: The motor is throttle-activated without pedaling, also cutting off at 20 mph. 

• Class 3: These also have pedal-assisted motors, but they do not cut off until 28 mph. 

E-scooters are throttle-operated and the motors have varying speed cut-offs. The vehicles can reach speeds of 20 mph and can go faster if the rider repeatedly pushes off the ground with one foot.

Injuries from e-bikes and e-scooters can occur due to collisions with vehicles, pedestrians or other riders. Some accidents result from inexperience or distracted riding. Speed can also be a cause, as these vehicles reach velocities that can exceed those of traditional bicycles. Road hazards like potholes, uneven surfaces and debris can cause falls and serious injuries. Design flaws, such as faulty brakes, unstable frames or inadequate lighting, also can contribute to accidents.

A particularly dangerous risk is fire. Lithium-ion batteries, which power these devices, can overheat and ignite if damaged, improperly charged or exposed to extreme temperatures. These fires can be difficult to extinguish and pose a potentially deadly threat to riders.

If you are injured while riding an e-bike or e-scooter, legal remedies depend on the circumstances of the incident and the parties involved. If a collision with another vehicle was caused by that driver's negligence, the driver may be liable for damages. If a defective product, such as a faulty brake or a malfunctioning battery, caused the injury, a product liability claim may be pursued against the manufacturer or distributor. If the accident resulted from poorly maintained infrastructure, such as a pothole or uneven sidewalk, a claim may be filed against the municipality or community association.

Establishing liability requires a thorough investigation, which includes gathering evidence, such as witness statements, police reports and medical records. Obtaining compensation also depends on documenting the extent of damages, including medical expenses, lost wages and pain and suffering.

An experienced bicycle injury attorney will be well versed in the laws that pertain to e-bike and e-scooter related injuries. They can investigate the accident, identify all liable parties and negotiate with insurance companies to ensure a fair settlement. They can also represent the injured rider in court if necessary, maximizing the chances of recovering compensation.

The firm of Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo provides experienced legal representation for bicyclists or pedestrians injured in traffic accidents in Solano, Contra Costa and Napa counties in Northern California. Call us at 707-674-6057 or contact us online to arrange a free consultation.