E-Bikes and Accidents: New Risks and Legal Considerations

Electric bikes, or e-bikes, are everywhere these days. They’re zipping down streets, cruising along bike paths, and making it easier than ever to get around. They offer a fun, convenient, and often eco-friendly alternative to cars and traditional bicycles. But behind the growing popularity of e-bikes lies a less-discussed reality: the increasing risk of accidents and the unique legal issues they present. While e-bikes offer many benefits, their increased speed and unique handling characteristics can create unexpected dangers on the road.

What Makes E-Bikes Different?

E-bikes are like regular bicycles but with an electric motor that gives you a boost. This boost can be great for climbing hills or traveling longer distances, but it also means e-bikes can go much faster than traditional bikes. This increased speed is a major factor in many accidents.

There are a few classes of e-bikes:

• Class 1: These e-bikes only provide assistance when you pedal, up to 20 mph.
• Class 2: These e-bikes have a throttle that can power the bike even without pedaling, also up to 20 mph.
• Class 3: These are pedal-assist bikes that can reach speeds up to 28 mph.

Increased Risks on the Road

Because e-bikes can travel at higher speeds, the risks associated with them are different from those of regular bicycles. Here are a few things to consider:

• Speed and Stopping Distance: Higher speeds mean it takes longer to stop. A car or pedestrian might misjudge an e-bike’s speed, leading to a collision.
• Handling: The added weight of the motor and battery can make an e-bike feel different to handle, especially at higher speeds or when turning.
• Visibility: While e-bikes often have lights, riders might overestimate how visible they are, especially in low-light conditions or at higher speeds.
• Road Hazards: Potholes, gravel, or uneven pavement can be more dangerous at higher speeds. What might be a minor bump on a regular bike could cause a serious crash on an e-bike.
• Sharing the road with cars: E-bike riders have to contend with cars, and the drivers of cars might not be used to sharing the road with faster moving bicycles.

E-Bike Laws in Georgia and South Carolina

Both Georgia and South Carolina treat e-bikes similarly to regular bicycles, but there are some specific rules to be aware of.

Georgia E-Bike Laws

In Georgia, an e-bike is legally defined as a “bicycle” so long as it has operable pedals and an electric motor of 750 watts or less, and cannot exceed 20mph on level ground unassisted.

• Helmets: Required for riders under 16 years old.
• Where to Ride: Generally, e-bikes can be ridden where regular bikes are allowed, including on bike paths and roads. However, local rules may vary.
• Licensing and Registration: E-bikes do not require a special license or registration.

South Carolina E-Bike Laws

South Carolina defines an ‘electric bicycle’ as a bicycle with two or three wheels, fully operable pedals, and an electric motor of 750 watts or less, and that falls into one of three classes.

• Helmets: Required for Class 3 e-bike riders under 21 years old.
• Where to Ride: Similar to Georgia, e-bikes can generally be ridden where regular bikes are allowed.
• Class 3 E-bikes: They are not allowed on bike or multi-use paths unless they are within or adjacent to a highway or roadway, or the local authority permits their use.
• Licensing and Registration: Not required in South Carolina.

It’s important to check for any local ordinances that might have additional rules about e-bike use in specific cities or counties.

Legal Considerations After an E-Bike Accident

If you’re involved in an e-bike accident, it can be more complicated than a regular bike accident. Here’s why:

• Determining Fault: Because of the higher speeds involved, figuring out who was at fault can be more challenging. Was the e-bike rider going too fast? Did a car driver fail to yield? Were there any road hazards that contributed to the accident?
• Insurance: Insurance coverage for e-bike accidents can be tricky. Regular homeowner’s or renter’s insurance might not cover e-bike accidents, and auto insurance policies may have specific exclusions. It is important to have appropriate insurance.
• Injuries: Injuries from e-bike accidents can be more severe due to the higher speeds involved. This can lead to higher medical bills, lost wages, and other damages.
• Product Liability: Beyond rider or driver error, it is important to assess whether the accident may have been caused by a defect in the e-bike itself.

What to Do After an E-Bike Accident

If you’re in an e-bike accident, here are some steps to take:

• Seek Medical Attention: Not all injuries will be apparent directly after the scene.  Getting checked out by medical professionals is important – not just for your health but for any impending legal cases.
• Report the Accident: Call the police to report the accident, especially if there are injuries or significant property damage.
• Gather Information: Collect contact and insurance information from everyone involved and get contact information from any witnesses.
• Document Everything: Take photos of the scene, the damage to the bikes and any other vehicles, and your injuries.
• Don’t Admit Fault: Don’t say anything that could be interpreted as admitting fault.
• Contact a Personal Injury Lawyer: A lawyer experienced in personal injury cases, especially those involving e-bikes, can help you understand your rights and options.

Protecting Your Rights

E-bike accidents present unique challenges. The team at The Brown Firm understands these complexities. If you or a loved one has been injured in an e-bike accident, we can help. We’ll investigate the accident, determine who was at fault, and fight to get you the compensation you deserve. We’ll handle the legal complexities so you can focus on your recovery.

Don’t face the insurance companies alone. Contact us today for a free consultation. Visit our offices at:

• 7176 Hodgson Memorial Drive, Savannah, GA 31405
• 320 East Clayton Street, Athens, GA 30601
• 197 14th St. NW, Suite 200, Atlanta, GA 30318
• 110 Traders Cross #226, Okatie, SC 29909

Or call us today for a free consultation on (800) 529-1441.