E-bikes are rapidly growing in popularity, both for personal use and rentals. E-bike rider injuries are also on the increase due to road hazards, vehicle collisions, and faulty equipment. If you've been injured while riding an e-bike - whether it’s one you own or rented - you may be entitled to compensation.
Common Causes of E-bike Injuries
E-bike accidents have much in common with cycling accidents. Common causes of accidents include collisions with cars, cyclists, or pedestrians, mechanical failures, and faulty components.
E-bike riders are also susceptible to hazardous road conditions, such as potholes and general road disrepair.
Excessive speed can also contribute to accidents, as the electric assist on an e-bike allows riders to reach higher speeds more easily than they would on a standard bicycle, often in situations where it may not be safe to do so.
See also:
Can I claim if injured when speeding on a bicycle?
Common e-bike rider injuries
Injuries from e-bike accidents can range from minor to severe. Common injuries include:
- Fractures and broken bones - particularly in the arms, wrists, and legs.
- Head injuries including concussions or traumatic brain injuries, especially if a helmet wasn't worn.
- Soft tissue injuries, sprains, strains, and deep bruising.
- Spinal injuries and injuries to the back or neck, which can have long-term effects.
- Psychological trauma, including anxiety or post-traumatic stress disorder (PTSD)
It’s important to seek medical attention as soon as possible after an accident to document your injuries.
Who can be held liable for e-bike Injuries?
The legal responsibility (liability) for your injuries will depend on the circumstances of the accident. To make a successful claim, you and your solicitor must prove who owed you a duty of care and how that duty was breached by the other party.
Compensation claims are typically made against the following:
Motorists
All drivers owe a duty of care to all other road users. If a driver’s negligence caused the accident, they or their insurer could be held responsible for your injuries.
E-bike rental companies
Rental companies owe a duty of care to their customers to ensure the equipment they rent out is safe to use. If you rented an e-bike that was poorly maintained or faulty, the rental company could be liable for failing to provide safe equipment.
Manufacturers
If a defect in the e-bike’s design or manufacture led to the accident, the e-bike manufacturer could be held liable under product liability laws.
Local authorities
If poor road conditions, such as potholes or loose drain covers, contributed to your accident, you might have grounds to make a claim against the local council responsible for failing to maintain the roads.
Determining who is liable for an accident can be complex. Working with an experienced personal injury solicitor will be critical when making a claim.
Making a compensation claim for an e-bike Injury
The process of making a claim will differ, depending on whether you were riding a personal or rental e-bike.
If you own the e-bike, liability typically falls on the other party involved in the accident, such as another road user or the manufacturer if there’s a defect.
For rented e-bikes, the rental company has a responsibility to ensure their bikes are safe to use. If they fail to do so, they can be held liable for your injuries.
Regardless of whether the e-bike was yours or rented, you should gather as much evidence as possible to support your claim.
Evidence that may support you claim may include:
- Photos of the accident scene, damage to the bike, and your injuries.
- Witness statements and contact information.
- Medical records documenting your injuries.
- Police reports, if applicable.
If you were using a rented e-bike, report the incident to the rental company immediately and ask for a copy of the report.
E-bike laws and regulations
E-bikes are subject to specific laws in the UK, such as limits on power and speed. Riders must adhere to traffic laws, and it’s advisable (though not legally required) to wear helmets for safety.
Rental companies have a legal duty to ensure their bikes meet safety standards and are regularly maintained. Non-compliance with these regulations could help your claim if they are found to be factors in the accident.
What compensation can I claim?
If your injury claim is successful, you may be entitled to compensation for any pain and suffering, emotional distress and loss of amenity caused by the accident.
You can also claim for any losses, such as medical expenses, loss of earnings, bike and property damage.
If your injuries have long-term impacts, you may also be able to claim for future treatment costs or ongoing loss of earnings.
See also:
How much compensation can I claim?
How long do I have to make a claim?
In most personal injury cases, including e-bike accidents, you have three years from the date of the accident to make a claim.
However, exceptions may apply in cases where the injury wasn’t immediately apparent, or if the injured person is under 18. It’s best to seek legal advice as soon as possible as the sooner you start the process the more likely a claim is to succeed.
The role of a solicitor in an e-bike injury claim
A solicitor will gather evidence, such as witness statements, medical reports, and expert testimony if necessary, to build the most robust possible case.
Your solicitor will also handle negotiations with the defendant's solicitor or insurer to secure a fair compensation settlement.
If a settlement cannot be reached, they will prepare your case for court and represent you throughout the process.
It’s important to choose a solicitor experienced in cycling and e-bike injury claims, as they will understand the specific regulations and potential liabilities involved.
Written by Chris Salmon on 16th October 2024