E-Bike accident injuries are on the rise. Electric bikes and scooters have become popular transportation options, offering convenience and eco-friendliness, but they also lead to serious accidents. If you’ve been injured due to someone else’s negligence in an e-bike or e-scooter accident, you may be entitled to compensation for medical bills, lost wages, and other damages. Contact Ankin Law at (312) 600-0000 for help from an Illinois e-bike accident lawyer.
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How Illinois Law Defines Liability in E-Bike Accidents
E-bike accident liability hinges on whether any involved party acted negligently. In Chicago, this concept of liability is rooted in negligence, which implies that a person or an organization can be held accountable if they fail to exercise reasonable care, resulting in another person’s injuries.
In Illinois, figuring out negligence in an e-bike crash involves assessing if one of the parties did not take the kind of care that a sensible individual would show in a similar situation and whether that lack of care contributed to the injuries or damages incurred.
To demonstrate negligence in an e-bike accident case in Illinois, you typically must establish four key components:
Duty of Care
The responsible party had a legal obligation to act in a reasonable and safe manner towards the injured individual. Every driver is expected to operate their vehicle in a way that doesn’t risk the safety of others from the moment they take control of the vehicle, while cyclists also have a responsibility to ride safely. For instance, drivers need to adhere to traffic laws, and cyclists must ride with caution.
Breach of Duty
The at-fault party did not fulfill this obligation, as evidenced by actions like a driver ignoring a red light or an e-bike rider not yielding when required.
Causation
The breach of duty by the at-fault party must be directly linked to the e-bike accident and the injuries that followed.
Damages
The injured person must have experienced real damages stemming from the accident, such as medical bills, income loss, and pain and suffering.
Liable Parties
Simply getting injured in an e-bike or e-scooter accident doesn’t guarantee compensation. The injured party must show that someone else’s negligence led to their injuries. Liable parties can include:
- Other drivers: If their reckless or distracted driving causes an accident, they may be at fault. This includes why left turns are a leading cause of accidents, as many drivers fail to yield appropriately, posing a significant risk to e-bike riders.
- E-bike and e-scooter operators: Riders can be held responsible if their negligent actions, like breaking traffic rules, contribute to the incident.
- Manufacturers: If a malfunction, such as faulty brakes, contributes to the accident, the manufacturer might be liable.
- Government entities: Injuries caused by poorly maintained roads or inadequate signage could result in liability for local or state governments.
- Rental companies: If a rented vehicle was not properly maintained, the rental company may bear responsibility.
Liability can be complicated, especially with multiple parties involved. Working with a personal injury lawyer is crucial to identify those at fault and pursue compensation for your injuries.
Shared Fault
Illinois follows a modified comparative negligence rule. This law means that if the court finds you partially at fault for an e-bike accident, it will reduce your compensation by the percentage of your fault.
However, insurers and juries may bar you from recovering damages if you’re more than 51% at fault.
Consult with an experienced personal injury attorney who understands the Illinois e-bike laws after receiving electric bike injuries.
When an Injured E-Bike Rider Can File a Personal Injury Claim in Illinois
E-bike accidents are increasing, with data from the Consumer Product Safety Commission indicating over 53,000 emergency visits related to e-bike injuries from 2017 to 2022, along with 104 reported fatalities, primarily due to collisions with motor vehicles.
If you’ve been injured in an e-bike accident, you might qualify for compensation for both economic and non-economic damages. As in any other personal injury claim, you need to demonstrate that the party against whom you are filing your lawsuit acted negligently by demonstrating the four elements of negligence. There are some common examples of where a party may act negligently:
Speeding
Drivers who move quickly may not have enough time to react to e-bike riders, and e-bikes can reach speeds that make sudden stops challenging. When cars speed, they significantly reduce the time drivers have to notice, react to, and avoid e-bikes. E-bikes can be harder for drivers to see and often have less powerful braking systems compared to other vehicles.
Distracted driving
Distracted driving from using mobile phones or other forms of distraction contributes to e-bike collisions by heightening the chances of accidents due to driver inattention. This includes scenarios like overlooking e-bike riders, not yielding the right of way, encroaching into bike lanes, or executing unsafe turns.
Reckless driving
Erratic driving behaviors, like sudden turns and ignoring traffic signals, can cause accidents. Reckless actions, including distracted driving and unsafe lane changes, contribute to e-bike accidents by leading drivers to overlook e-bike riders, cut them off, or collide when e-bikes are in blind spots.
Mechanical failures
Problems like brake failures or tire blowouts can cause loss of control and collisions.
Pedestrian interactions
Careless pedestrians can block e-bike riders, leading to swerves and potential accidents or collisions with pedestrians.
Poor road conditions
Road hazards like snow-blocked bike lanes or potholes can contribute to accidents, with government entities that put potholes over profits possibly liable for maintenance failures.
Evidence That Can Strengthen Your E-Bike Accident Case
In Illinois, building a strong e-bike accident case requires collecting various forms of evidence to demonstrate the other party’s negligence and the extent of your injuries. Start by documenting the scene with photographs and videos of your e-bike, any vehicles involved, visible injuries, road conditions, and relevant traffic signs. Gather witness contact information and ensure that police are called to file a report, which will be crucial for establishing liability.
Seek immediate medical attention regardless of how minor your injuries seem, and keep detailed records of all treatments and expenses, as these will support your e-bike injury claims in Illinois. It’s also important to document any damage to your e-bike and preserve it until a claims adjuster examines it.
Keep damaged items, including parts of your e-bike, as evidence. Consulting a personal injury lawyer with e-bike accident experience can be vital in navigating the legal process, gathering evidence, and negotiating with insurance companies. Contact us at Ankin Law for assistance in securing fair compensation after your e-bike accident for assistance securing compensation.
