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How Can Knowing Your Rights as an E-Bike Accident Victim Help in Your Recovery Process?
Electric bicycles, or e-bikes, have become increasingly popular in urban areas of Michigan, offering a convenient and eco-friendly mode of transportation. E-bike rentals and sales in many cities have jumped as people look for alternatives to driving. However, with this rise in usage comes an increase in accidents, which can lead to serious injuries and costly economic damages.
The higher speeds achievable on e-bikes compared to traditional bicycles can result in more severe damage to the body if the operator is involved in an incident. Wearing proper protective gear, especially a helmet, may help reduce the risk of certain serious injuries, such as traumatic brain injuries (TBIs). Unfortunately, even the most conscientious rider can suffer life-altering harm from a crash. While electric bicycle accidents can occur for a wide range of reasons, including improperly maintained sidewalks, inattentive pedestrians, or reckless bicyclists, some of the most hazardous crashes occurring in urban settings involve motor vehicles striking e-bicyclists.
No matter the cause, riders often face painful injuries and lengthy recovery times after an e-bike accident. It is essential for e-bicyclists to understand their legal rights following a crash so they can take appropriate steps toward financial and physical recovery. A knowledgeable bicycle accident attorney can provide key guidance and representation throughout the claims process.
Are Electric Bicycle Riders Covered Under Michigan’s No-Fault Insurance Laws?
Many victims require extensive medical treatment and extended recovery periods where they cannot work due to the severity of the injuries sustained in their e-bike accident. Determining who will pay for the costs incurred after the crash can be vital to a victim’s financial stability and continued treatment. Because electric bicycles are not classified as motor vehicles under Michigan law, they are typically not included under traditional auto insurance policies. Optional coverage under homeowners’ or renters’ insurance policies may be available for some individuals, but most riders of e-bikes do not carry bicycle-specific insurance.
However, if the e-bike accident involved a motor vehicle, the rider may still be eligible to file a claim for certain damages under the Michigan No-Fault Act. Under this Act, the victim has the right to recover specific benefits from no-fault Personal Injury Protection (PIP) coverage, including lost wages and medical expenses, up to specified limits. These benefits can be sought by the injured e-bike rider regardless of whether they shared fault in the accident.
Unfortunately, it can be confusing for victims to determine where to file an insurance claim under the state’s priority rules. In most cases, the injured rider must first file a claim under their own auto insurer’s PIP policy, even though their automobile was not involved in the accident. If you have been in an e-bike accident involving a motor vehicle and do not have auto insurance or your damages exceed your insurance limits, speaking to a helpful personal injury attorney who can explain your legal options is vital.
When Do Injured E-Bike Operators Have the Right to File a Lawsuit for Damages?
Although some e-bike accident victims may be able to seek compensation from their PIP insurance, these policies are strict and do not cover non-economic damages, such as pain and suffering. Other riders may have experienced accidents that do not qualify for a no-fault insurance claim. Luckily, these injured individuals may be able to file a civil lawsuit to recover damages from the at-fault party. Some situations that may give a victim a valid right to sue include:
- When negligence can be proven: If the e-bike rider can prove that another party, such as a motorist, pedestrian, or property owner, was negligent and that negligence caused the accident and resulting injuries
- In cases of product liability: If a defect in the e-bike itself caused the accident, the rider may have grounds to sue the manufacturer or retailer
- When there are damages beyond what PIP benefits cover: If injuries exceed PIP coverage limits or involve pain and suffering, the e-bike rider may sue the at-fault driver for additional compensation, provided they can demonstrate a serious impairment of body function or a permanent severe disfigurement per MCL 500.3135
It’s important to remember that every case is different, and your eligibility to take legal action depends upon many factors. A skilled attorney can evaluate your claim and help you seek the damages you are entitled to.
How Can Michigan’s Laws Affect Your Ability to Recover Compensation?
Insurers and defense attorneys thoroughly understand Michigan’s tort laws and know the importance of establishing fault in an e-bike accident. Defense teams often try to place the majority of the responsibility for the accident onto the victim to decrease or remove their clients’ liability. Under the state’s modified comparative fault system, your lawsuit settlement will be reduced by the percentage of fault attributable to you. Non-economic damages are barred if your fault exceeds 50%. Gathering evidence as soon as possible after the crash and building a robust case is vital to proving the other party’s fault and maximizing your compensation.
Ensuring that all legal documents are filed within the statute of limitations is also vital to preventing any forfeiture of your rights. In Michigan, most personal injury lawsuits must be filed within three years of the accident, although certain exceptions may shorten or extend this timeframe. If you fail to file within these strict time limits, the court will no longer hear your case, and you will lose the opportunity to seek damages.
Why is Prompt Action After an E-Bike Accident Crucial to Safeguarding Your Rights?
E-bike laws and related insurance issues can be convoluted and confusing. If you or a loved one have been hurt while riding an electric bicycle, handling the aftermath of the accident may feel like an overwhelming task. Reaching out to a trusted personal injury lawyer who can answer your questions, represent your interests, and uphold your rights is critical.
Our compassionate legal team at Sigal Law Firm can provide you with valuable support and advocate for your recovery. By leveraging our years of personal injury law experience, we can accurately assess the full spectrum of potential damages and identify all avenues to recoup losses. Contact our office today at 248-671-6794 to schedule a free case evaluation and learn how we can serve your needs.
