Electric Scooter & E-Bike Injuries
Our Pittsburgh lawyers bring claims for compensation for injuries on electric scooters (e-scooters or motorized scooter) and electric bikes (e-bikes)in Pennsylvania.
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Operators of a Bike, E-Bike, or E-Scooter Have Rights
Some 2-wheel riders of bikes, e-bikes, & e-scooters hesitate to bring a claim for injuries, for fear of possible discrimination. Aren't most judges and juries operators of 4 wheeled vehicles, primarily? Plus, might the police or courts be quick to blame 2-wheel travelers out there, thinking them harder to see on the road? There is some truth to this. A bias exists; your injury lawyer must overcome it.
Do Operators of Bikes, E-Bikes, or E-Scooter Get Blamed?
The short answer is: quite often, yes.
Many motorists regularly sees the abuse of 2 wheeled vehicles on bikes, for example, weaving in and out of traffic in defiance of traffic laws -- seemingly with no consequence. Moreover, e-scooters should only be utilized: on streets with 25 MPH or lower speed limits, in bike lanes, or on paved, trails with shared use. Electric scooters are generally not intended for use on sidewalks, on high-speed streets, in parks, on bridges, or on private property.
Soaring Amounts of Traffic and Roadway Collissions
The amount of two-wheeled traffic increased with the cost of gasoline, expansion of food delivery via bikes, and the rising availability of bike shares and public e-scooter availability. This is especially true in Pittsburgh.
The the truth is, the amount of collisions have sky rocketed. In fact, e-scooter injury rates are worse than motorcycles! Often the e-scooter accident will involve injury to the spine or a traumatic brain injury, or TBI.
A staggering 49% of those receiving fractures in e-scooter accidents require surgery, according to one study. “The finding that rates of injuries from e-scooters are similar to rates for motorcycle injuries is startling," said the author of a study.
“The ease of public access to on-demand shareable scooters and safety regulations that are still in their infancy suggest that e-scooter operators, cities and health care providers will continue to see a significant number of injuries each year.”
And yes, someone is to blame.
Pennsylvania Law
In reality, when anyone carelessly strikes your with their vehicle, you have rights, regardless of whether you are walking, riding a bike, e-bike, motor scooter, electronic scooter, or riding a horse! Plus, this is true even if you are partly at fault, so long as your fault does not exceed fifty percent. In other words, even your negligence 50% to blame, your claim will not be dismissed.
Compensation For Injuries
Our Pittsburgh e-bike and scooter lawyers seek all forms of compensation for injuries on the road, including pain, suffering, lost wages, medical bills, loss of enjoyment of life. Your own motor vehicle insurance (car or truck) may provide additional coverage, discussed below.
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Frequently Asked Questions
Can My Auto or Truck Policy Cover My Bike or Scooter Injuries?
Yes, but only if your motor vehicle coverage applies to your e-bike or e-scooter (see below). If so, there are two important forms of coverage for roadway injuries: (a) no-fault medical coverage and (b) uninsured and underinsured motorist coverage.
No-fault medical coverage. If you have motor vehicle insurance, you also have at least $5,000 in "no-fault" medical benefits, which is great coverage for accidents. It's "no-fault," so there's no finger pointing. There are no deductibles, plus this money never needs to be paid back relative to any settlement of an a injury claim.
Underinsured or Uninsured Motorist Coverage. Your own motor vehicle insurance may include underinsured motorist coverage. This is in the event that the value of your accident claim exceeds the amount of liability insurance available from the other driver. It is therefore extremely important to know whether your motor vehicle insurances covers you on an e-bike or electronic scooter.
Does My Motor Vehicle Insurance Cover Me on a Bike or Scooter?
Above all, you should always confirm with your motor vehicle insurance carrier before operating an e-bike or electric scooter on or near any roadway. Serious injuries are common. Some auto policies exclude coverage for any injury you sustained on a vehicle "not intended for highway use." You need to get that clarification from our insurance carrier (Erie, State Farm, Nationwide, Allstate, Liberty Mutual).
There's No Police Report, Can I Still Prove My Injury Claim?
The answer is, yes. The police typically do not prepare a report unless one or more party receives medical attention at the scene of the accident or is transported to the hospital. Thus, it is fairly common for our bike injury lawyers to proceed with a claim for compensation absent a police report. Your description of the accident will suffice, in most instances. If you cannot remember, due to a brain injury (concussion or otherwise), we look at the evidence and reconstruct how the accident happened.
Additionally, we are often able to receive:
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A short form report by police (at least giving the names and addresses of parties involved),
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Video of the scene recorded by nearby homes or businesses, or
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A compromise from the insurance company for the negligent driver, to take into account the lack of evidence, but ensures that you receive compensation for your injuries. Even though the injured party has the burden of proof, there can be inferences of negligence based upon how the accident likely happened.
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Do I Have to Register my Bike, E-Bike or E-Scooter?
The answer is, no, so long as you're operating either:
(1) A non-motorized bike (or pedal cycle), provided certain rules are followed, according to PennDOT, click here.
(2) An electric bike (e-bike) or pedalcycles with electric assist operated lawfully on the road. For example, use on the road is permissible -- and no motor vehicle registration is needed for roadway operation -- if the e-bike has a:
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Motor be under 750w
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Maximum speed is 20mph, and
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Weighs no more than 100lb
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(3) An electric scooters or e-scooter -- off the roadway. Otherwise, these are effectively banned from use on roadways in PA, meaning, non-roadway use -- such as bike lane or sidewalk -- is OK. Otherwise, you need to take a look at the specification of your electric scooter and whether it meets the criteria to operate on highway. Can it do the minimum speed? Does it have turn signals? Here is how PennDOT describes the needs for registration of an electric scooter:
In order for a motor scooter (motor-driven cycle as defined by the Pennsylvania Vehicle Code (PDF) to be legally operated on roadways, it must be titled and registered in the commonwealth and have the proper insurance. In order to be titled and registered it must meet PA's equipment and inspection requirements Opens In A New Window (PDF) for motor-driven cycles
Does a "Limited Tort" Apply to Injuries on Bike or Electric Scooter?
First, what's limited tort?
Driver's in PA are given a choice between limited tort and full tort, when they obtain motor vehicle insurance. You waive the right to sue another driver for pain and suffering, unless you elect "full tort," which costs about $100-$150 more per year.
What happens if your struck by a vehicle, but you're not occupying the vehicle listed on on your auto / truck insurance? Does the limited tort election limit your rights when injured on a bike, e-bike, or electric scooter?
The answer is: no. The limited tort restriction only exists in regard to you riding in four wheeled vehicle. This is also known as a "Private Passenger Vehicle," which PA's legislature defined as follows:
"Private passenger motor vehicle." A four-wheel motor vehicle, except recreational vehicles not intended for highway use, which is insured by a natural person and:
(1) is a passenger car neither used as a public or livery conveyance nor rented to others; or
(2) has a gross weight not exceeding 9,000 pounds and is not principally used for commercial purposes other than farming.
As a result, bikes, e-bikes, and e-scooters are exempted from the limited tort analysis.
Our Pittsburgh attorneys offer a free consultation about any bike, e-bike, or e-scooter related issue in Western Pennsylvania. Our Pittsburgh attorneys practice in Allegheny County, Beaver, Butler, Washington, and Mercer Counties!
Contact Us Today For Free About Your Bike or Scooter Injury Claim!
New Number: 412.342.0992
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