Accidents involving electric bicycles: What are your rights

Electrical bikes or e-bikes are convenient and trendy modes of transportation for getting around the city. They pose a terrific way to save money on petrol and get around efficiently. But if not utilised appropriately, e-bikes can be hazardous, just like any other means of mobility. Serious injuries and even fatalities of both riders and pedestrians have occurred.  

You may be eligible to financial compensation if you suffer injuries in an e-bike accident. However, the legislation governing e-bike accidents can be complicated, so it’s crucial to consult with an experienced personal injury lawyer to understand your entitlements.  

What Are the Rules for E-Bikes?

E-bike regulations differ from state to state. E-bikes are often categorised as either motor vehicles or motor-assisted bicycles. Bicycles with motor assistance are permitted to travel on both bike lanes and bike paths. 

There are also e-bike speed limits, which vary from state to state. The legal limit for e-bikes is 25 kph in majority of states. There are, however, certain states which allow greater speed limits. 

If I Get Hurt in an E-Bike Accident, can I File a Claim?

The specifics of the e-bike accident determine whether you may make a claim for damages. 

You might be eligible to file a claim if another road user’s carelessness caused your injuries. However, you might not be able to file a claim if you were hurt as a result of your own carelessness. You may also lose a portion of your damages if your actions contributed to the severity of your injuries, such as by speeding or riding an e-bike without a helmet. 

If an accident happens when a rider is riding an e-bike from a sharing or hiring service, the provisions of the disclaimer they signed before boarding the bike may complicate a compensation claim. Additionally, the maker of the bike may be held liable for any personal injuries sustained by the user as a result of a technical defect.  

What to do if an E-Bike Accident Happens?

If you’re injured while riding an e-bike, or one hits you as a pedestrian, making a compensation claim is not necessarily straightforward. 

If you suffer an injury in relation to an e-bike you should: 

  • Ensure you receive medical treatment to assess your injuries and begin the road to recovery. You can also keep all receipts relating to your injuries suffered, as you may be eligible for reimbursement. 
  • Try to gather as much information as possible about the accident, including details of any other parties involved, witnesses, the vehicle’s registration number and driver details; and 
  • Make a report of the incident to the police as soon as possible and obtain a copy of the Queensland Police report to include with your claim. 

What Damages Can I Claim?

If you are successful in your claim, you might be able to recover a variety of damages, including: 

  • Medical expenses: The cost of your medical care, such as doctor’s visits, hospital bills, and medication. 
  • Lost wages: Past and future economic loss. 
  • Pain and suffering: The emotional and physical pain and suffering you experienced as a result of your injury. 

You may also be able to make a separate claim against the at fault vehicle’s property damage insurer for the cost of repairing or replacing any of your property that was damaged in the accident. 

We can assist you in gathering evidence to support your claim, such as medical records, witness testimonies, and accident site images. We can also help you understand your rights and to determine the best option to protect your interests. 

If you have suffered an injury involving the use of an e-bike, there may be options available to ensure that the impact on your life, health and earnings is minimised. To find out what options are available to you, contact Littles Lawyers for a free consultation today. 

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