Oregon Injury Lawyer Blog
Recent headlines have sounded an alarm about one type of injury accident trending upward in a big way: e-bike crashes. E-bike crashes may present some unique challenges when it comes to obtaining a recovery that adequately compensates you for the harm you endured. Whether you are dealing with an insurance company or the civil justice system, you can enhance your odds of achieving a fair outcome by retaining a skilled Oregon e-bike accident lawyer to represent you.
According to the Journal of the American Medical Association (JAMA), the number of e-bike injuries in 2022 was 30 times higher than that recorded just five years earlier. The number of people who required hospital treatment for e-bike injuries in 2022 was 43 times the number recorded in 2017. The American College of Surgeons declared e-bikes an “emerging… public health hazard.”
This hazard recently touched one local community. In October, a high school sophomore in Tualatin died west of downtown after, police believe, he “may have lost control of the e-bike,” then hit a curb and ultimately a tree. The teen was wearing a helmet at the time.
The massive uptick in e-bike injuries has spurred the creation of new legislation. In Oahu, where e-bike injuries tripled in two years, the local council passed a bill in January intended to “clear safety guidelines.” The bill placed a power cap of 750 watts on e-bikes on public roads and mandated helmet use for all riders under 18.
Here in Oregon, this state has “Trenton’s Law.” The bill, which passed last year and became effective January 1, was named for Trenton Burger, a 15-year-old from Bend who died aboard an e-bike when a van struck and killed him.
Trenton’s Law amends ORS Section 801.258, a preexisting e-bike statute. The original statute merely defined an e-bike and established a power cap of 1,000 watts and a maximum speed capability of 20 miles per hour “on level ground.”
The new legislation erects a three-tier class system for e-bikes. Motors on Class 1 e-bikes shut off when the bicycle reaches 20 mph and only operate when the e-bicyclist pedals. Class 2 e-bikes’ motors also shut off at 20 mph but may continue to run even when the e-bicyclist is not pedaling. Class 3 e-bikes’ motors shut off at 28 mph and only run when the e-bicyclist pedals. Additionally, Class 3 e-bikes are equipped with speedometers.
E-bike Injury Lawsuits
A person injured aboard an e-bike can elect to sue the driver who hit them. Like operators of non-motorized bicycles, e-bicyclists are at an exceptionally high risk of serious injury given their degree of physical exposure and the massive difference between the mass of a passenger or commercial vehicle versus that of an e-bike and e-bicyclist. These injuries can include things like broken bones, soft tissue damage, road rash, and traumatic brain injuries (TBI).
An e-bicyclist who suffered harm in a crash can pursue the same damages as a conventional bicyclist. This includes things like medical care and rehabilitation expenses, lost income, and pain and suffering.
E-bike Injuries and Insurance Coverage
As the frequency of e-bike injuries has shot upward, insurers have taken steps to limit their payouts. In the past, insurers have treated people operating conventional bicycles similarly to pedestrians. In other words, if a bicyclist was struck and hurt by an uninsured van driver, the bicyclist could file a claim with their auto insurer to recover compensation under the personal injury protection (PIP) and uninsured/underinsured (UM/UIM) coverages within their policy.
Insurers recently have begun writing exceptions into policies that specifically target e-bikes, then denying claims from insureds injured aboard e-bikes. (Insurers also may deny renters/homeowners insurance claims from insureds whose e-bikes were stolen.)
As with many scenarios, navigating the insurance claims process after an e-bike crash can be complex and frustrating. Whether you are dealing with that process or the civil justice system, the right legal counsel can help immeasurably. For representation that is equal parts knowledgeable, personal, diligent, and experience-driven, call the Oregon bicycle accident attorneys at Kaplan Law LLC. Call us at (503) 226-3844 today or contact us online to schedule your free consultation.
