The Rise in E-Bike and Scooter Injuries: Who Is Liable?

E-bike and electric scooter injuries are surging across Pennsylvania. Hospitals, trauma centers, and local police departments are reporting record numbers of severe accidents, particularly among children and teens.

The combination of high speeds, small wheels, and the lack of protective gear frequently leads to concussions from falls, fractured wrists from bracing for impact, and severe road rash. Understanding who is liable for injuries from the rising e-bike and scooter accidents can be confusing. Keep reading to learn how the attorneys from Lowenthal & Abrams, PC address this common concern.

A Negligent Motorist Could Be To Blame

If a motorist speeds, fails to yield, or drives while distracted and injures an e-bike or scooter rider, the driver is typically responsible for damages from the accident. You will file a claim with the motorist’s insurance company for you or your child’s losses such as medical bills, lost wages, and non-economic damages, such as pain and suffering.

An E-Bike or Scooter Operator May Be Liable

If an e-bike rider acts recklessly, a court can hold them fully or partially liable for injuries to pedestrians or other cyclists in a crash. When e-bikers ignore traffic signals, weave through traffic, or illegally ride on sidewalks, they put others at risk for a collision and may be personally liable for expenses. However, if the rider has an e-bike insurance policy or homeowner’s or renter’s insurance coverage, the injured party may file a claim against those policies.

E-Bike and Scooter Rental Companies May Be at Fault

There are several e-bike rental options throughout the state, ranging from hourly rentals for tourists to longer-term rentals for commuters and delivery riders. Rideshare services, such as the popular Indego program, often provide e-bikes and scooters. If a mechanical malfunction with one of these scooters or bikes causes a crash, the rental company may be liable to the injured parties. Common examples of a breakdown include faulty brakes, an issue with the handlebars, or a battery malfunction.

E-Bike and Scooter Manufacturers and Designers

If an equipment defect caused the accident, the product manufacturer or e-bike’s designer can be responsible for damages under the state’s strict product liability laws. You do not need to prove negligence, only that the device left the manufacturer in a defective, unreasonably dangerous condition. Common examples of defects include a tire blowout, malfunctioning brakes, or a battery fire.

How Does the State Handle Fault in E-Bike and Scooter Claims?

The state operates under 42 Pa. C.S.A. § 7102. This modified comparative negligence rule states that if you are 50 percent or less at fault for the e-bike or scooter accident, you can still recover compensation for your injuries. However, a court may reduce your settlement by your share of the blame. If you are 51 percent or more at fault, you may not receive any compensation for your injuries.

Contact Us To Discuss Who Is Liable for Injuries in Your E-Bike or Scooter Accident

E-bike and scooter accident injuries are on the rise across the state, and understanding who is liable is essential when pursuing a claim to recover your damages.

The personal injury attorneys at Lowenthal & Abrams, PC will defend your rights to compensation and work to prove who is liable for your injuries. Do not try to negotiate with the insurance adjuster alone. Contact the firm today to schedule a free consultation and learn more about your options.