E-Bikes, Electric Scooters and the New Risks
Electric bicycles and electric scooters have become increasingly common throughout Brooklyn and New York City. While these vehicles offer a convenient way to travel, they also present new safety concerns. E-bikes travel faster than traditional bicycles, and many drivers fail to judge their speed accurately when turning or changing lanes. As a result, collisions involving cyclists, delivery workers, and motorists have become more frequent.
New York recognizes three classes of electric bicycles:
| Class | Description | Maximum Speed |
|---|---|---|
| Class 1 | Pedal-assist | 20 mph |
| Class 2 | Throttle-assisted | 20 mph |
| Class 3 | Pedal-assist | 25 mph |
Regardless of the type of bicycle or e-bike involved, every rider deserves safe roads and fair compensation when another person’s negligence causes an accident.
Types of Bicycle Crashes
Bicycle accidents occur in many different ways, including:
- Dooring accidents caused by parked vehicle occupants opening a door into a cyclist’s path
- Right-hook collisions when a vehicle turns right across a bicycle lane
- Left-cross collisions when a driver turns left in front of an oncoming cyclist
- Bike lane obstruction by illegally parked or stopped vehicles
- Intersection collisions caused by drivers failing to yield
- Rear-end collisions
- Road hazards such as potholes, debris, or uneven pavement
- Rental bicycle defects or poorly maintained rental equipment
Evidence Disappears Quickly
Evidence can disappear within hours after a bicycle accident. If possible, take photographs of the accident scene, your bicycle, your injuries, the vehicle involved, skid marks, and road conditions. Obtain contact information from witnesses and preserve any helmet, clothing, or damaged equipment. Surveillance footage from nearby businesses or traffic cameras may also be available for only a limited time, making prompt legal action important.
Common causes of bicycle accidents
Bicycle accidents often happen as the result of negligence by motor vehicle drivers. A distracted driver can easily hit a bicyclist. Other causes of collisions are:
- Failure to yield
- Impaired driving
- Turning into the path of a bicycle at an intersection
- Dooring, that is, a parked vehicle opening a door into a bicycle’s path
Accidents can sometimes involve shared fault. An experienced attorney can conduct the investigation and analysis needed to determine what the specific causes of your accident were.
Comparative Negligence for Cyclists
New York follows a pure comparative negligence rule. This means you may still recover compensation even if you were partially responsible for the accident. Your compensation is simply reduced by the percentage of fault assigned to you. Insurance companies often attempt to place more blame on injured cyclists than they deserve, which is why a thorough investigation is essential to protect your rights.
Injuries typical in Brooklyn bicycle accidents
Even when they wear helmets, bicyclists can suffer serious injuries in an accident due to lack of bodily shielding. Among the types of harm that can occur are:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and fractures
- Soft tissue injuries
- Lacerations and road rash
- Internal injuries
- Facial and dental injuries
- Death
We will send you for a thorough medical evaluation to determine the full extent of your injuries in order to build a case for obtaining the full compensation you need and deserve.
Determining liability in a bicycle accident
More than one party may be liable for your injuries as a bike rider. Potential defendants include the operator and owner of the vehicle that hit you. If the driver was in the course of their employment at the time of the accident, you may also sue their employer. If a road defect such as a pothole contributed to the accident, the government entity responsible for maintaining the road may be liable. Sometimes, the bicycle itself may have a defect, in which case the bicycle manufacturer might be liable. Even if you are partially at fault, you might still win compensation, since New York’s doctrine of comparative negligence calls for allocating damages based on the percentage of fault of each party to the accident.
Delivery Workers: You Have Rights
Many delivery workers rely on bicycles and e-bikes every day to earn a living. If you were injured while making deliveries, you may have rights beyond a standard personal injury claim. Depending on the circumstances, you may be entitled to workers’ compensation benefits as well as a third-party claim against the negligent driver or another responsible party. Our attorneys can evaluate every available source of compensation to help maximize your recovery.
How a Brooklyn bicycle accident lawyer can help
An experienced Brooklyn car accident lawyer can gather and present sufficient evidence that another party is liable for your injuries while rebutting allegations of your own fault. This requires a thorough investigation of the facts, both before and during the lawsuit. You can count on our firm to meticulously prepare and vigorously prosecute your claim.
Compensation from bicycle accident claims
If you prevail in proving negligence by another party, the jury might award you compensation for all or part of these losses:
- Present and future medical expenses
- Lost income and future earning capacity
- Pain and suffering
- Emotional distress
In negotiating your claim, we take all of these types of damages into account in our settlement demand.
