Electric bikes are everywhere in Florida these days, from beach towns like Daytona Beach and St. Augustine to bigger cities like Jacksonville and Orlando. They’re convenient, eco-friendly, and a great way to beat traffic, and whether you’re on the beach, commuting to work, or just enjoying the outdoors, they’re impossible to ignore. But with more e-bikes on the roads, there’s also an increased risk of accidents.
If you’ve been injured in an electric bike accident, don’t worry. You’re not alone, and we’re here to help. Contact us for a free consultation regarding your accident.
Step 1: Make Sure You’re Safe After the E-Bike Accident
If you’ve been in an e-bike accident, the most important thing is to make sure that you’re safe. If you can, move yourself and the bike (if you were the one riding) out of traffic or away from other immediate dangers. This is most urgent if your accident occurred on the road, as cars may not be looking for downed riders, and a distracted driver might not see you until it’s too late. If you’re in a bike lane or on a trail, move aside if you can, so that you’re not in the path of others. Staying where you are could risk another accident.
Don’t push yourself if you’re in pain. If moving makes things worse or feels impossible, it’s okay to stay where you are and wait for help. Your safety is the priority.
Step 2: Gather Evidence of the Accident
Evidence can play an important role in the outcome of an electric bike accident claim, especially because e-bike crashes often involve disputed fault, unclear road conditions, or driver or rider negligence.
If you’re able to do so safely, collect whatever information you can before you leave the scene of the accident. If possible, take photos of the following:
- Your injuries (even if they seem minor)
- The e-bike and any damage to it
- Any vehicle(s) involved in the accident
- Road conditions, such as:
- Potholes
- Loose gravel
- Debris
- Sand on pavement
- Uneven sidewalks
- Traffic signs
- Crosswalks
- Signals nearby
- Weather conditions
- Lighting conditions
Try to take a mix of close-ups and wide shots so your photos can show the full story.
Take a Photo of the E-Bike’s Display Screen
Some models of electric bikes may show recent speed and other system information. If you were the one riding the bike, take a photo of the controller or display screen. Having a record of this screen could help disprove any accusations that you were speeding or riding recklessly.
Take Note of Security Cameras in the Area
Take photos if you can of the locations of nearby businesses, homes with Ring cameras, parking lots, and intersections. These are common locations for security cameras that may have captured footage of the accident. Your attorney can request the footage later on, but any information that you have about where cameras might exist is helpful in tracking down that evidence.
If you can’t gather photos or evidence in the immediate aftermath of the accident, that’s okay. Your health and safety are more important, and an attorney can often track evidence down for you after the fact.
Step 3: Get Contact Information
If there was a driver or another cyclist involved in the accident, you’ll want to get their contact information and any relevant insurance information:
- Name
- Phone number
- Email address
- License plate
- Insurance information
It’s also a good idea to get the contact information of anyone who witnessed the accident. Neutral third-party witnesses can be very helpful later on if there’s a dispute over what happened.
Step 4: Get Medical Attention Right Away
Even if you seem fine after an accident, it’s vital to get checked out by a medical professional right away. This is because, in the aftermath of an accident, adrenaline, shock, and stress could mask pain and injuries, making you feel okay when you’re actually not. Additionally, some injuries may not show symptoms until later, like concussions, internal injuries, fractures, or soft-tissue damage.
Seeing a doctor right away, even if you haven’t noticed any symptoms, can catch problems early, before they’ve had a chance to get worse. Go to the ER, an urgent care clinic, or your primary care doctor and let them know what happened. Make sure to describe every symptom, no matter how small it may seem to you. Early medical records can play a key role in a claim later on.
If you don’t seek medical attention right away, an insurance company may try to use that against you by claiming that your injuries couldn’t be severe. If you subsequently fail to follow your doctor’s recommendations or skip follow-up appointments, the insurance company may pay attention to that, too.
Step 5: Report the Electric Bike Accident
Reporting an electric bike accident is an important step, but who you report it to depends on how and where it happened. In some cases, especially when a car is involved or someone is hurt, you may be legally required to notify the police. In others, it may be more appropriate to alert a property owner, manager, or local agency. Even when a report isn’t required, making one can help document hazards, comply with any relevant rules, and strengthen your case if you decide to pursue a claim.
When To Report an E-Bike Accident to the Police
You can get the police involved in the following situations:
- A motor vehicle was involved
- Anyone, you or someone else, was injured
- There’s significant property damage (more than $500)
- The driver, rider, or other party involved refuses to give you their information
- You feel unsafe or unsure
Florida law requires all accidents involving a car, truck, or other motor vehicle to be reported to the police if someone was injured or killed or if there was property damage worth more than $500.
When To Report an Accident to a Property Owner or Manager
If the accident happened in a parking lot, you hit a hazard on private property, or if you were injured due to conditions outside of a store, apartment complex, or business, you can report the accident to the owner or manager of the property. This incident report can be a powerful piece of documentation to help your case later on.
When To Report an Electric Bike Accident to a Local Agency
If the accident occurred on a city sidewalk or in a park or other property belonging to or run by the city rather than a private owner or business, there should be a local agency you can make a report to. This is important if there was a hazard, like poor road maintenance or a malfunctioning traffic light. Making a report of it can support your claim.
Step 6: Be Careful When Talking to Your Insurance Company
You’ve been paying for your insurance policy so that when you need coverage, they’ll be there for you. Unfortunately, some insurance companies are hesitant to pay out when you need them most; they’re businesses and want to make money. This means that no matter how helpful and friendly an insurance company agent may sound when they talk to you, it’s possible they’ll use anything you tell them against you when it comes time to pay your claim.
Step 7: Keep All Documentation Related to Your Bike Accident
We hope that you won’t have to use all of the evidence you’ve collected, but it’s still important to keep all documentation that is related to your accident and claim. This includes:
- Medical bills
- Doctor’s notes
- Prescription receipts
- Photos of:
- The accident
- Any damage to the bike
- Your injuries
- Your recovery
- Repair or replacement estimates for the e-bike
- Pay stubs showing lost wages
- And more
The more documentation you have, the easier it is to demonstrate how the accident affected your life. If you have a smart watch, like an Apple Watch, data from before and after the accident can help to portray a clear timeline of how an injury has impacted you.
Wait To Repair Your E-Bike Until After Speaking With an Attorney
If you were the rider in the accident, wait to fix your bike until after you’ve spoken with an attorney. Even small repairs could damage valuable evidence.
Step 8: Speak With a Florida Electric Bike Attorney
E-bike accidents can get complicated quickly. Whether you were riding the bike or not, determining who was at fault can be tricky. Depending on the nature of the accident, there could be a driver, an e-bike manufacturer, the person responsible for maintaining the road or path, a property owner, a distracted bike rider, or someone else who could be liable for the accident.
You shouldn’t have to figure this out on your own. Our experienced Florida e-bike attorneys can help you with everything from filing an insurance claim and gathering evidence to filing suit if that becomes necessary to get the compensation you deserve for your accident.
Florida Electric Bike Laws You Should Know
Even though electric bikes have motors, they’re not classified as motor vehicles by Florida law. Instead, they’re treated similarly to regular bicycles, according to Florida Statute §316.003. This means that no registration is required, and the rider isn’t required to have insurance. There’s also no driver’s license needed. If you were the rider and weren’t wearing a helmet, then the insurance company might try to use it against you.
You Don’t Have To Navigate Your E-Bike Accident Alone
Our team of Florida personal injury attorneys is here to help you through every step in the aftermath of your accident. Contact us today for a free consultation regarding your case. You won’t have to pay anything unless your case is successful. We’ll take care of everything else, so you can focus on healing and getting your life back together.
