eBike Accident Liability

Determining the at-fault party for an eBike accident can sometimes be challenging depending on how the accident happened and who’s involved. In some cases, more than one party contributed to the collision and bears responsibility for the costs associated with it. Understanding eBike accident liability and when to reach out to a qualified Massachusetts attorney is a key component of protecting your legal rights after a crash.

Who May Be At Fault for an eBike Accident

Drivers

Motor vehicle drivers are commonly at fault for all types of bicycle accidents, including those involving electric ones. Often, these drivers are negligent or breaking a traffic law when a crash happens. Even though Massachusetts law mandates that vehicle drivers give cyclists a minimum of four feet of space while passing them or pulling up next to them at an intersection, many do not.

Commercial Vehicle Operators

Commercial vehicle drivers are also frequently at fault for eBike accidents for the same reasons. However, if they happen to be operating a large truck or even an 18-wheeler, the injuries to the bike rider are more likely to be severe or even cause death.

Employers

In some scenarios, employers may be responsible for the actions of their employees who get into wrecks with bicycle and eBike riders. For example, if an employer failed to provide proper training for an employee who was then required to operate an unfamiliar vehicle, the manager and/or the company itself could be considered partially or wholly at fault.

Manufacturers

An eBike or vehicle manufacturer may also be liable if there was a defect that caused or contributed to the accident, like a brake failure or defective tires. These claims can be fairly complex, however, since the defect needs to be traced back to whether it’s a flaw in the bike’s or vehicle’s original design or if there was a problem during the manufacturing process.

Property Owners

Not all eBike accidents occur because of another vehicle. Dangerous property conditions can also cause collisions. For instance, if a private property owner allowed gravel from their driveway to collect on the roadway, and an eBike rider lost control and crashed as a result, it’s possible that the owner could be found legally liable following a thorough investigation.

eBike Riders

eBike riders themselves may be partially or fully liable for an accident if they:

Were riding illegally on the sidewalk
Violated traffic laws like failure to stop at a stop sign or yield to pedestrians
Changed lanes suddenly without signaling
Operated the bike while under the influence of drugs or alcohol

*This is not a complete list.

Parents

Parents may be responsible for a collision if their teen was riding an eBike and caused a crash. Attorney Robert E. Mazow tells Massachusetts Lawyers Weekly that negligent entrustment may be a factor if parents allowed a person who was too young to ride or did not keep the eBike secure and the child took the bike.

Repair Shops

If you took your eBike to a repair shop for maintenance or to get something fixed, the establishment has a duty of care to make sure your bike is safe to ride when you get it back. Negligent repairs or service that contribute to an accident, or even cause one directly, can result in the shop being liable for expenses related to the crash.

Other Cyclists or Micromobility Device Users

Other cyclists may also cause accidents if they ride negligently. While collisions involving two eBikes or an eBike and another micromobility device are less likely to result in critical injuries compared to motor vehicles, these incidents can still cause significant harm. These situations require careful investigation to assess the circumstances surrounding the collision and determine if one or both parties were at fault.

How to Determine Accident Liability

Liability for an eBike accident depends on what the investigation of the facts reveals. This includes an assessment of evidence, including police reports, photographs, witness statements, surveillance footage if available, medical records, and any other applicable documents. Sometimes, an accident reconstructionist gets involved and rebuilds the collision to determine how it happened and what the likely cause was.

In an effort to skirt responsibility and avoid payouts, insurance companies may try to blame the eBike rider for the accident, even if they were the one who was severely injured. In situations where fault is questioned, it’s imperative to consult with a qualified attorney who can represent your best interests.

How a Qualified Massachusetts eBike Accident Attorney Can Help

Were you or someone in your family hurt by a driver or another cyclist while riding an eBike? Our Massachusetts eBike accident attorneys have the experience you need to provide you with comprehensive legal representation to protect your rights. Contact us today for a no-cost case evaluation by calling (978) 862-7195 or toll-free at (855) 546-2117.