The use of electric bicycles (e-bikes) has been exponentially growing over the last several years, transforming how people get around by providing an eco-friendly and convenient alternative to traditional pedal bicycles. In Indiana, their popularity continues to grow, supported by progressive laws and mass adoption throughout the state. However, due to their potential for high rates of speeds on impact, e-bike accidents can result in more severe injuries compared to traditional bicycles, especially in urban environments or busy bike paths. If you’ve been injured in a bicycle accident in Indiana, it’s important to know your rights and to understand how the details of your case, including what type of bicycle you were riding on, can potentially affect the outcome of your claim.
Generally speaking, e-bike and pedal bike personal injury lawsuits will share similarities in terms of negligence, fault determination, and other factors. However e-bike injury cases often incorporate additional considerations due to their speed, motorized components, and associated regulations.
Falling off an e-bike, which can reach speeds of up to 25 mph, can lead to significantly different injuries compared to falling off a pedal bike moving at an average speed of 7 mph. Additionally, there is often a complacency by bicycle riders regarding helmet usage, e-bike users included. As a result, injuries stemming from non-helmeted accidents at high rates of speed can include life-altering facial fractures, severe concussions, traumatic brain injuries, and even death.
Liability considerations are often more complex in e-bike accident cases and riders may face heightened scrutiny regarding their potential contributory negligence. This includes whether they were operating in compliance with local laws or in restricted areas. Additionally, if an accident involves a malfunction, such as motor failure or battery issues, manufacturers or retailers could be held liable, adding another layer of complexity to a case. Insurance coverage can also further complicate these lawsuits, as e-bikes may not be covered under traditional bicycle insurance policies.
Electric bicycles are classified into three separate classes in Indiana, each of which are related to their speed capabilities and functionality. Class 3 bikes are subjected to tougher rules than Classes 1 and 2. With a few exceptions, Class 3 bikes are not permitted on Indiana bike paths, trails, or other multipurpose paths unless they are adjacent to roads or highways. Therefore, if you’ve been involved in an accident and it’s determined you were illegally operating an e-bike in a restricted area, the outcome of your case may be significantly impacted.
As with all personal injury cases, there will be exceptions, extenuating circumstances, and unique variables when it comes to when and how someone’s injuries were sustained. This is also true with bicycle accidents and therefore, it is of the utmost importance to seek legal representation from an experienced personal injury attorney who is familiar with these types of cases.
If you or a love one have been involved in a bicycle accident in Indiana, contact our personal injury law firm to discuss your options. The attorneys at Hurst Limontes have over a century of combined experience fighting for clients in numerous personal injury cases. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.