E-bikes are growing in popularity and for a couple of good reasons. Electric bicycles are an affordable and eco-friendly way of covering relatively short distances. However, e-bike riders face the same problems as traditional bike riders.
Not every motorist pays attention to electric bicycle riders making this one of the common causes of e-bike accidents. If you’re involved in an e-bike accident, your damages may be extensive.
Like motorists, you may also be eligible to file a personal injury claim and recover compensation for your damages. But how do you get started recovering compensation after an e-bike accident in the Golden State?
Even though patents for electric bicycles date back to the 1880s, it’s only recently that e-bikes are finding their niche with consumers. This growing popularity has forced some states, including California to update their existing bicycle laws.
Known as AB-1096, the new law divides e-bikes into three categories. You should know that all existing laws for traditional bicycles also apply to electric bikes. So, if you can’t ride a traditional bicycle in a specific area, it also goes for e-bikes.
So, what are the three classifications of electric bikes under California guidelines?
California doesn’t consider electric bicycles as motor vehicles. This means you can skip a trip to register your electric bike with the Department of Motor Vehicles. However, state law does dictate where you can ride an e-bike and it depends on its classification.
Class 1 and 2 e-bikes can go pretty much anywhere local laws allow. Class 3 electric bikes are often restricted to dedicated bicycle thoroughfares. This is something similar to a freeway except the path is designed for faster-moving bicycles.
You may be wondering why you should know this information. The simple answer is it may apply to your e-bike accident claim. Your ability to file a claim may depend on whether you’re following state laws when the accident occurred.
Knowing who to name as a defendant in your electric bicycle accident claim is essential. You can’t file a personal injury claim if you don’t know who’s at fault for the accident. Who you name in your claim depends on the type of accident.
For example, you’re not going to name a pedestrian if your accident involves a motor vehicle. Along with motorists and pedestrians, another e-bike rider can be responsible for causing your damages.
Just like motor vehicles, e-bikes can also malfunction, resulting in injuries. If this applies to your accident, you may be able to file a claim against the electric bike manufacturer. Some reasons why the bike’s manufacturer may be the at-fault party include:
California’s AB-1096 also requires manufacturers to label all e-bikes with their classification. If this label is missing or a manufacturer fails to adequately warn riders of the potential dangers of using e-bikes, this can also be considered a violation of California state law.
If you’re involved in an e-bike accident and know who’s responsible for your damages, you’ve tackled a vital step in the insurance claim process.
As we mentioned earlier, you must name a defendant in your personal injury claim. You can’t leave this field blank or write in a random name. Once you identify the at-fault party, you’re ready to start the claim process.
Unfortunately, injuries sustained in e-bike accidents can be severe. California has pretty lax laws when it comes to wearing a helmet.
Only riders under the age of 17 or who own a class 3 e-bike are required to wear a helmet. If you hop on your e-bike without a helmet, there’s a good chance of you suffering severe injuries if you’re involved in an accident.
Hopefully, your injuries aren’t severe enough to require an ambulance ride to the emergency room. If so, take this opportunity to document the accident scene. Don’t go overboard and start interviewing witnesses or the individual responsible for the accident. Instead, you’re only taking a few pictures and jotting down some notes.
Take pictures of the accident scene, including where your e-bike ended up after the accident. The position of your electric bicycle can help determine fault if it’s brought into question. Make a note of any surveillance cameras in the area. This includes traffic cameras. Your personal injury attorney can subpoena the footage if you need to provide additional proof of how the accident occurred.
Your evidence will depend on the type of damages you’re listing in the e-bike accident claim. While this can vary, most personal injury claims include some of the same documentation. This can include your medical records, including any bills and receipts. Chances are your e-bike also suffered damage in the accident. Getting repair and/or replacement estimates can help speed up the claim process.
The evidence in your e-bike accident claim may even include witness statements. You can talk to witnesses as you’re documenting the accident scene but don’t go into detail about the incident. The insurance adjuster will also interview witnesses and you don’t want any statements you make to be used to try and devalue your injury claim.
California personal injury law can be complex, and this is before you account for local ordinances. If you’re involved in an e-bike accident, it’s a good idea to contact an experienced personal injury attorney.
Your attorney can navigate the legal landscape and help ensure you receive fair compensation for your damages.
