Your Legal Options After an E-Bike Accident
If you were injured while riding an electric bike or e-scooter, you have the same right as anyone else to file a suit for compensation against a negligent party. In Florida, people on e-bikes, even children and teens, have the same rights and privileges of the road as other vehicles.
Even when the rider isn’t going very fast, the impact of the collision with the car, or the ground, causes devastating injuries. If this happened to you or your child, you rightfully want justice and need answers. We can help you understand your legal right to compensation, file a claim against the at-fault party, and support you and your family through the legal process.
What are E-Bicyclists’ Rights in Florida?
E-scooters are afforded the same rights and privileges as bikes, so they can use bike lanes and the full lane of traffic they are traveling in, but are prohibited from traveling on highways. Riders are also expected to follow traffic laws, signal their intentions, and, if the rider is under 16, must wear a helmet at all times.
Parents can be held legally responsible for a child’s failure to wear a helmet. It’s optional for riders over 16, but still a good idea. Without a helmet, the chances of a devastating brain injury increase significantly.
Cyclists also enjoy the same tort rights as other people injured in a traffic collision caused by another party’s negligence. If you (or your child) was less than 50% to blame for the accident, then you have the right to demand compensation for your damages, like medical bills and property damage, from the other party.
Who is Liable for My E-Bike Accident?
E-bike and e-scooter accidents can involve multiple at-fault parties (called defendants in your suit), including government entities. Who the at-fault party is in your situation will dictate what your legal options are, the statute of limitations for filing a claim (this deadline is generally two years in Florida), and the steps you and your attorney will need to take to pursue your claim.
When the Defendant is a Private Citizen
The vast majority of defendants in e-scooter and e-bike accidents are private drivers. In these cases, you have the right to file a suit for compensation against that driver.
Private drivers aren’t the only parties who cause e-bike and e-scooter accidents. Other parties could include:
When the Defendant is a Professional Driver
Accidents caused by commercial drivers, like an Amazon trucker or Uber Eats delivery driver, involve more complex legal questions than an accident between two private parties. Often, the case will involve multiple defendants, both the driver and their employer (or the company they are a contract worker for, as many delivery drivers are).
This is called vicarious liability. Per Florida law, a third party (in this case, the company the driver was driving for) can be held liable for damages caused by the driver.
When the Defendant is a Government Employee
Some e-bike and scooter accidents are caused by school bus drivers. Kids riding their bikes or scooters to school are especially vulnerable to bus accidents, as buses have large blind spots that make it difficult to see the small profile of a bike or scooter rider.
If the third party is a government entity, like a school district (if the at-fault party is a bus driver), you can still file a claim, but compensation limitations may apply.
You may also need strong evidence that the driver was acting negligently, as public school districts (and their employees) are protected under Florida’s sovereign immunity laws. These laws place additional limits on civil claims, and outline the steps to take for filing a suit against the entity.
How Can a Florida Bicycle Accident Lawyer Help Me?
Our Florida personal injury firm represents e-bike and e-scooter accident victims and their families in Lakewood Ranch, Sarasota County, Manatee County, and the greater North Port–Bradenton–Sarasota metro area.
We can identify all liable parties in the accident, properly value your losses, and prepare a strong case against each liable party. As your legal representatives, we handle all legal filings so everything is submitted properly, completely, and on time.
If you or someone you love has been hurt in an e-bike or e-scooter accident, you have rights, and we’re here to stand up for them. Please contact Guardian Legal Counsel today for a complimentary case review.