Brooklyn E-Bike Accident Lawyer
As the use of electric bicycles (or “E-bikes”) have become more accepted and commonplace on Brooklyn streets, there has been a notable increase in the number of accidents involving such vehicles. Such accidents can seriously injure not only the e-bike user, but also other pedestrians and riders. Many of these accidents are the result of third-party negligence, such as a reckless motorist striking an e-bike or a defective bike malfunctioning causing the rider to lose control.
The laws governing e-bikes can get quite complicated when it comes to seeking compensation following an accident. This is where an experienced Brooklyn e-bike accident lawyer can help. Michael Gunzburg, P.C., is a dedicated New York personal injury law firm that represents e-bike crash victims throughout Brooklyn in navigating the legal and insurance aftermath of an accident.
Pedestrian or Motorcyclist? How New York Law Classifies Brooklyn E-Bike Operators
Depending on the design of an e-bike, specifically the vehicle’s maximum speed, the operator can be classified as either a “pedestrian” or a “motorcyclist.” This is an important distinction because of how New York’s no-fault insurance system works. Basically, when a pedestrian is struck by a motor vehicle, that vehicle’s no-fault insurer must cover the pedestrian’s medical bills and lost wages up to $50,000. Since the benefits are no-fault, it does not matter if the e-bike operator was partially or primarily responsible for causing the accident.
When an e-bike is considered a “motorcycle,” however, no-fault coverage does not apply. Instead, the e-bike operator must seek compensation either through own insurance or from the negligent driver’s liability coverage. This means the e-bike user’s own liability could be a contested issue, as the driver and their insurance company often try to shift the blame for an accident. The e-bike operator may therefore need to go to court to prove their case.
In the case of an accident caused by a defective e-bike, the no-fault rules also do not apply. If the e-bike was a rental, the rental company may have included language in the rental agreement requiring injured users to submit to binding arbitration instead of filing a personal injury lawsuit in Brooklyn Supreme Court. Such agreements are not always enforceable, however, so it is best to consult with a qualified Brooklyn e-bike accident lawyer before taking any formal action.
Reach Out to Our Brooklyn E-Bike Accident Lawyers for Help
Unlike no-fault insurance, a personal injury claim allows an injured e-bike operator to seek full compensation for their accident-related losses, including all of their past and future medical expenses, lost income and diminished earning capacity, and their ongoing pain and suffering. So it is always in your best interest to work with an experienced Brooklyn e-bike accident lawyer who can review your case and represent you in dealing with any potential defendant and their insurance companies. If you need to speak with a lawyer as soon as possible, call Michael Gunzburg, P.C., at 212-725-8500 today to schedule a free initial consultation.
