There is a rising number of scooters and bicycle riders in California. They come with a lot of convenience, which has made many people embrace them. This has led to an update of traffic laws governing accidents related to new technologies and infrastructure. In large cities like Los Angeles, any mode of transport can be dangerous. Since E-bikes are treated as regular bicycles, they are not limited by license plate or insurance. This has made many E-bike riders not familiar with the set regulations, increasing the need for those searching for a bicycle accident lawyer near me when collisions occur.
In California, e-bikes are classified into three depending on the speed and motor. The first class has a pedal assist option and speeds of up to 20mph, the second class has a throttle assist option with speeds of up to 20mph. The third class is the most powerful and has a pedal assist option, with a speedometer and speeds of up to 28mph. Class one and two have no minimum age requirement while for class three you need to be at least 18 years.Â
E-scooters and E-bikes can cause more severe accidents than manual bikes. It is, therefore, worth understanding the dangers and embracing safety measures when using them.
E-scooter and bicycle accidents
Speed is the leading cause of accidents for most means of transport. E-scooters and E-bikes can easily reach high speeds as most of them do not have speed protection. Most of them have a maximum speed capacity of 15mph and standard pedal bicycles have an average speed of 10mph regardless of the device’s capability.Â
Driver negligence happens and that causes accidents. Some of the reasons for negligence are right turns, distracted driving etc.Â
Another thing about e-scooter and e-bikes is that they do not have protection between themselves and the world around them. This means that they can cause severe injuries in the case of an accident. Most accidents involve head injuries. Many people with E-scooter and accidents do not maintain them, and this causes accidents. In some cases one may get defective equipment, especially when it comes to rental scooters and bikes.Â
Poor roads and infrastructure are also one of the causes of accidents though not a common one as the government of California is working hard to ensure infrastructure is taken care of.Â
In the case of pedestrian interference, liability will depend on comparative fault. Â
E-scooter and E-bike accident laws and regulations
Riding
To ride an e-scooter, you should be on the bicycle path, trail or bike ways where there are speed limits of 35mph or less. Bike lanes are the best for a rider’s safety. Generally, they are prohibited on sidewalks unless one is parking or they are leaving their parking lot. Â
E-bike riders should use bikeways if possible. They should be careful around pedestrians when they are in high traffic areas. Class 3 e-bikes are restricted from class 1 bikeways but in some situations they are allowed on certain paths.Â
Speed limitÂ
E-scooters have a speed limit of 15mph. If one exceeds the speed then they might face the law.Â
Age limitÂ
The age limit of riders is they should be at least 16 years and all riders under 18 years should wear helmets.Â
Traffic lawsÂ
E-scooters and bicycles are subject to all traffic laws e.g. they should observe all traffic laws especially when it comes to right of way, speed and signals.
LicenseÂ
Legally, every rider needs a driver’s license or permit. If one is still learning and they do not have a license yet, they can use a learner’s permit. Violating the license can subject you to a traffic ticket, which is normally $200.
Crosswalk rulesÂ
When it comes to crosswalks, riders may cross it while walking the scooter but not riding it.Â
PassengerÂ
For e-scooters, passengers are not allowed. An electric scooter can only have a single passenger at any time. This is because there is less control and stability when there is more than one passenger and that may lead to accidents.Â
Who is liable in an E-scooter or Bicycle Accident
In an E-scooter or bicycle accident, liability can fall on the rider or a third party or both, depending on the circumstances. This will depend on how the accident occured. In some cases, liability can be shared between parties involved. Some common causes of accidents include:
Rider error or negligence
In some cases a rider can cause an accident through reckless driving. This may be caused by ignoring some things such as riding on the sidewalks, not following the traffic signals, drunk driving, overspeeding, etc.Â
Car drivers
There are some drivers who are reckless, distracted, overspeeding or fail to adhere to traffic rules. This may cause bad accidents to e-scooter and bicycle riders.Â
Bicycle or E-scooter companies
Companies that rent e-scoters or bikes may be liable if they have a mechanical defect or poor maintenance. Mechanical defects or poor maintenance may cause brake failures, software glitches, malfunctioning lights, battery fires, handlebar detachment, etc.Â
Pedestrians
There are pedestrians who may cause accidents for instance if they walk in the bike lane without looking.Â
Local government
The municipality will bear liability if the accident is caused by poor roads or infrastructure such as potholes, poor lighting, lack of signage or markings, obstructions on the bike lanes, etc.Â
Frequently Asked Questions (FAQs)Â
Q: What should one do immediately after an accident?
A: Once you have been involved in an accident, it is best if you seek medical attention immediately, especially if you have injuries. You will then have to file a complaint with the police. You will also need to get contact information of witnesses or any other involved parties. Evidence of the scene through photos or videos will help a great deal when it comes to filing a claim. An accident lawyer will help where there are significant injuries or to clarify any liability questions you may have.Â
Q: Does insurance cover e-scooter and bicycle accidents?
A: Most companies that rent scooters or bikes normally have limited liability insurance companies. This means it may not cover the rider. If a rider has auto insurance, then it may cover them for any injuries. There are also a few credit cards that may offer a rider secondary insurance if they rented and paid using their card.Â
Since coverage may be a bit complicated, it is better to consult a qualified attorney for any clarification.Â
Q: Who is liable if an e-scooter or bicycle rider gets hit while riding?
A: This will depend on the situation. It depends who was at fault. It can either be the rider or a third party such as a pedestrian. California has a comparative negligence rule that subjects sharing of liability.Â
Q: Can I get partial compensation in an accident if it was my fault?
A: California has a pure comparative fault rule that makes you liable to partial compensation. The amount you get will depend on your percentage of fault. Even when the rider is at 99% fault, they can still recover 1% of the damages.Â
Q: Does one need a license for an E-scooter?
A: Yes, one needs a license or a learners permit.Â
Conclusion
It is important to be familiar with the laws to avoid being on the bad side of the law. Since there are many variables, it is better to consult an attorney to know what compensation you can get in case of an accident. A rider has up to two years from the day of the accident to file a claim according to the California personal injury law.Â
References
Legal Information Institute. (2022, August 1). Comparative negligence. Cornell Law School. https://www.law.cornell.edu/wex/comparative_negligenceÂ
California Department of Motor Vehicles. (n.d.). Motorcycles, mopeds, and scooters. https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/motorcycles-mopeds-and-scooters/
California Legislature. (n.d.). Vehicle Code § 24016. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=24016.&lawCode=VEH