Electric bicycles have grown in popularity in recent years. In 2022, more than 1.1 million e-bikes were sold across the United States, and data indicate sales have continued to rise and will continue to do so.
Despite their popularity, e-bikes are a riskier alternative to a traditional bicycle. They operate at higher speeds and, when a rider shares the road with larger vehicles, there’s significant potential for catastrophic injury or death.
E-bicycle riders are likely to face painful physical injuries, lengthy recovery periods, the potential for long-term or permanent disability, and hardships in the workplace and their everyday lives. The costs and consequences can be extraordinary, and they’re not something you should have to struggle with alone if someone else is at fault.
Liability can be a complicated issue in e-bicycle injury cases. Several parties, including the e-bike manufacturer, may share responsibility for an accident and any resulting injuries. Knowing who’s at fault and how to hold them accountable is essential when you’re faced with staggering medical debt, missed paychecks, and an injury that could change the course of your life forever.
An experienced bicycle accident attorney in Georgetown, TX, can help you get the answers you need and fight for the compensation you deserve.
What Happens When a Driver Is Responsible for an E-Bike Accident in Texas?
Many e-bike accidents happen because someone, often the driver of a larger vehicle, is negligent. Drivers may cause e-bicycle accidents by:
- Failing to yield the right of way to an e-bicyclist at an intersection
- Failing to check vehicle blind spots for an e-bicycle before turning or changing lanes
- Failing to look for an e-bicyclist before merging into traffic
- Speeding
- Texting and driving or other forms of distracted driving
- Failing to leave adequate space between an e-bike and vehicle when passing
- Following an e-bicycle too closely
- Miscalculating braking distance
Texas is an at-fault state for auto accidents. If a negligent driver hits an e-bicyclist, or causes an accident in which an e-bicyclist is injured or killed, that driver can be held accountable for the resulting damages.
More specifically, the e-bike rider has the right to file a claim with the negligent driver’s insurer. The state requires drivers to carry at least $30,000 per person and $60,000 per accident in bodily injury coverage, plus $25,000 per accident for property damage. If you get hit by a careless driver while riding your e-bike in Texas, you can recover compensation up to their auto insurance policy’s limits.
For many e-bike riders, $30,000 won’t be enough to cover the full cost of your medical care, lost wages, and suffering. It might simply scratch the surface.
In these situations, you can potentially file a claim with your own underinsured motorist coverage (if you have auto insurance of your own) and/or pursue damages from other at-fault parties to make up the difference. A skilled bicycle accident lawyer can explore every potential insurance policy to help maximize your financial recovery.
Anyone Can Share Responsibility for Harm Caused in a Texas E-Bike Accident
In reality, anyone who plays a part in your e-bicycle accident can be held legally and financially accountable for the consequences. Depending on the specific circumstances of your e-bike accident, this might include:
E-Bike Manufacturer
E-bikes are more complicated machines than traditional bicycles. They incorporate more sophisticated machinery and rely on batteries and electrical components to operate properly. There’s a lot more that can go wrong on an e-bike than a traditional bicycle. When an e-bike suffers from a defect, the manufacturer can be liable for a related crash.
E-bike defects often affect:
- Batteries
- Charging systems
- Brakes
- Speed and torque sensors
- Bike displays
- Motors
Battery defects tend to be a leading cause of serious injury and death. The Consumer Product Safety Commission (CPSC) has received several reports of e-bike injuries related to faulty batteries and wires that have caused fires, burn injuries, smoke injuries, and physical damage to the bike itself. Our Georgetown bicycle accident lawyers can evaluate product defect issues and pursue a claim against negligent manufacturers.
Government Agency
Under the law, e-bikes and bikes are treated the same. So, when you’re riding an e-bike in Texas, you’re expected to use bike lanes, when available, and to adhere to the same rules of the road as traditional cyclists.
If you get into an accident on your e-bike because of potholes, poorly maintained bike lanes, obstructed e-bike-specific signals or signage, or other road defects, the government agency charged with the care, design, maintenance, and repairs can be liable for your injuries.
Our bicycle accident attorneys can help ensure your claim meets strict municipal deadlines when pursuing a government entity.
Dow Law Firm’s Bicycle Accident Lawyers Can Help You After an E-Bike Accident in Texas
E-bike accidents can be stressful and overwhelming. Understanding the proper steps to take after a bike or e-bike accident in Texas can protect your rights; however, you don’t have to navigate the aftermath of a collision alone.
You can count on Dow Law Firm’s bicycle accident attorneys to help determine liability, build a claim, and fight for the substantial monetary award you need and deserve.
Our bike accident lawyers have helped clients win tens of millions in damages, and now we’re here to help you after a serious e-bike accident, too. Contact our bicycle accident attorneys in Georgetown, Round Rock, or Austin at (512) 240-9951 to schedule a free case review to learn more.
Texas E-Bike Accident FAQs
How Does Shared Responsibility Affect a Texas E-Bike Settlement?
E-bicyclists aren’t always innocent when it comes to accidents. There are instances when they share no blame, and others where they play a part in the accidents in which they’re injured.
If you share responsibility for an e-bike accident in Texas, it can affect your ability to recover compensation. Under the law, damages are reduced proportionately to fault up to 50 percent. If you’re assigned more than half of the blame for an e-bike accident, you lose the ability to demand compensation from others.
When your share of the blame is limited to less than 51 percent, damages are reduced proportionately. For instance, sharing 20 percent fault leads to a 20 percent reduction in damages. Working with a bicycle accident lawyer can help protect you from being assigned an unfair share of fault by insurance adjusters.
What’s Considered an E-Bike in Texas?
In Texas, e-bikes fall into three categories:
- Class 1 e-bikes are pedal-assisted without a throttle and can reach a max assisted speed of 20 MPH.
- Class 2 e-bikes are pedal-assisted with a throttle and can achieve a max assisted speed of 20 MPH.
- Class 3 bikes are pedal-assisted with a throttle and can reach 28 MPH when assisted.
Since these are bicycles, they don’t have to be registered with the state, nor do you have to be insured to ride them. Once the e-bike exceeds 28 MPH when assisted by a motor, it’s no longer considered to be a bicycle. Instead, they become mopeds and are subject to licensing and registration requirements for motor vehicles.
A bicycle accident attorney from Dow Law Firm can help you understand how these legal distinctions apply to your case.