Pedestrians struck by e-bike and regular bike riders could usually sue the rider for recovery costs. When riders must share the street, a crosswalk, or a sidewalk, pedestrians would almost always have the right-of-way.
If the accident occurred due to unsafe roads or traffic hazards, the local city government could also be liable. If a manufacturing defect contributed to the accident, the e-bike maker might be financially responsible.
The truth is that several parties may be liable for an accident and have to contribute to a victim’s recovery. It’s important to identify each person or entity that’s financially accountable so that a claim can be filed against multiple insurance companies. This gives the victim a better chance of securing money to pay for all medical care and lost income.
A skilled California pedestrian accident lawyer can help tag every at-fault party and demand the absolute maximum in compensation on behalf of the victim.
The E-Bike Cyclists’ Responsibility to Avoid Pedestrians
E-Bike riders can travel most places bicyclists can go. They must also follow the traffic laws that apply to them, just like cyclists.
One of the most important traffic laws to obey is to yield to pedestrians. Cyclists have a bigger legal duty to show care for pedestrians due to their vulnerable nature, even more vulnerable than cyclists. That goes double for those on e-bikes that are propelled by an electric motor.
The “duty of care” applies to most any place that an e-bike could come in proximity to someone walking or running:
- On Sidewalks – California law generally doesn’t prohibit bikes or e-bikes on sidewalks. But local cities can ban them in certain sections of town. Pedestrians would always have the right-of-way on a sidewalk, and e-bike riders must slow down or stop to avoid hitting someone walking. More information on California bike sidewalk laws.
- In Bike Lanes – E-Bike riders are usually allowed to travel in bike lanes. Here, they must yield to pedestrians trying to cross in front of them. This is obvious when those on foot cross at an intersection in a crosswalk. However, riders must also yield to pedestrians crossing outside of crosswalks. Pedestrians might be held partially liable for a collision if they cross in a dangerous spot in the middle of the street. Yet, riders could also receive some of the blame if they didn’t slow down upon seeing a pedestrian and do everything possible to avoid an impact. Read more on our page about Bike Lane Rules for Electric Bike Riders.
- In Crosswalks – A new bicycle crosswalk crossing law in California has given bike riders the option to cross streets when a Walk Sign flashes “Walk” for pedestrians. This gives cyclists a way to get out in front of traffic before cars get a green light. However, riders must still yield to pedestrians and make sure they don’t come close to hitting someone on foot.
Who Can Be Held Liable After a Pedestrian Is Struck by an E-Bike Rider?
E-bikes can reach speeds of almost 30 mph, and they can cause traumatic injuries to a vulnerable pedestrian. The rider would usually be liable for a mistake that caused harm to someone on foot.
However, there are other parties that might be forced to contribute to a patient’s recovery costs.
- The Rider – You don’t have to have a driver’s license or insurance to ride an e-bike. An injured party could sue the rider, but the amount of a settlement may be limited to the rider’s savings and assets. Car insurance and homeowners’ insurance generally won’t cover e-bike riders for the accidents they cause. Riders would need to purchase separate e-bike coverage, which most do not. The pedestrian may have uninsured motorist coverage through a car insurance policy that would apply if the e-bike rider had no coverage. However, not all insurers would cover injured pedestrians.
- City or County Governments and Property Owners – A problem with a crosswalk, street, or sidewalk that causes an e-bike/pedestrian collision might leave a local city transportation department liable for an accident. A property owner who created a hazard outside of a business or home that led to a pedestrian accident might also be sued.
- E–Bike Rideshare Companies – Companies that rent out e-bikes, like Lime or Lyft Bike Shares, could be found liable. These large companies will have powerful legal protections in place to avoid liability, but a skilled lawyer could help prove that these companies failed in the maintenance of a bike, leading to an accident. The safety of such rideshares could also be questioned.
- E-Bike Manufacturers – The designers and builders of these bikes could be fully liable if a manufacturing flaw caused riders to lose control and strike pedestrians.
Ultimately, you want a legal professional on your side sorting out who should be contributing to your expensive recovery. Maison Law has the experience to take on bike riders or major corporations to make sure you get the money you need to pay for the best medical care and cover your family’s bills while you are out of work.
Contact our California pedestrian accident lawyers for a free accident consultation after any accident that leaves you seriously injured caused by someone else. There’s no obligation for this meeting. If you do end up needing us to help you earn more, you don’t have to find the money to hire a lawyer. We don’t get paid unless we win your case for you. Then our fee comes out of the money that an e-bike rider or an insurance company must pay you.
