Scottsdale Electric Bike Accident Attorney

Electric bicycles have become very popular in Scottsdale and throughout Arizona. While most people who own these devices are able to enjoy their time riding without having any problems, accidents do occur in various ways. For most purposes, electric bicycles are treated similarly to standard bicycles, and accidents can happen in many of the same ways that standard bicycle crashes occur.

If you or a loved one recently suffered injuries in an electric bike accident, the process of recovering your losses will be similar to what you would face after a typical bicycle accident. Proving fault will be essential to your recovery efforts. You must identify the driver responsible for causing the accident and then prove the full scope of the damages they inflicted with their negligence or illegal misconduct. From a legal perspective, Arizona law considers bicycle accidents much the same as motor vehicle accidents, so the fault rule applies if you intend to seek compensation for your damages.

Luis P. Guerra, LLC, can provide comprehensive personal injury representation in Scottsdale if you have been injured in an electric bike accident. Our firm has years of experience helping clients with all types of accident claims, including those involving standard bicycles and newer electric bicycles. If you need help recovering your damages, we are ready to assist you in your recovery efforts.

State law recognizes three separate classes of electric bicycles, and it is vital to know which class of electric bike you have to ensure you meet all applicable laws in your use of the bike:

• A Class 1 electric bike has a motor that only provides throttle assistance when the rider engages the pedals. The motor will not provide throttle assistance after the bike has reached 20 mph.
• A Class 2 electric bike has a motor that can provide throttle assistance without the rider pedaling up to 20 mph. After 20 mph, the rider will need to engage the pedals.
• A Class 3 electric bike operates similarly to a Class 2 electric bike but will cease providing throttle assistance as soon as the bike reaches 28 mph.

Engine wattage also matters when it comes to classifying electric bikes. If an electric bike has more than 750 watts of power, then it will likely qualify as a moped or motorbike and will be subject to separate laws. If an electric bike has a top speed with assistance greater than 25 mph, the rider must have a Class M driver’s license to legally operate it. It’s essential to verify what type of electric bicycle you are purchasing before you purchase it so you know which laws will apply to your use of the device.

Electric bikes can be ridden on almost all bike paths and bike lanes. If the rider wishes to take their bike into traffic, they may only do so if the bike can reach at least 20 mph but no more than 25 mph, in which case they can have it classified as a moped. They may only ride their bike on roads with appropriate speed limits. There are no age restrictions for electric bike use or applicable helmet laws in the state. However, every electric bike owner should check their local laws to ensure they are riding legally.

Electric bike accidents can happen the same way that all other bicycle accidents happen. Most of the electric bike accidents reported in the Scottsdale area are the result of negligence, or failure to use reasonable care on the road. Distracted driving, speeding, and failure to follow posted traffic signals are just a few ways drivers may cause accidents with electric bikes. Proving negligence requires evidence that the defendant failed to meet a duty of care and directly caused the plaintiff’s damages as a result.

Alternatively, it is possible for an electric bike accident to happen due to illegal misconduct on the road. The most common example of this is driving under the influence (DUI) of alcohol or drugs. Any operation of a vehicle while intoxicated is illegal in the state, and the penalties can include heavy fines, driver’s license suspension, mandatory substance abuse counseling, and jail time. These penalties will increase significantly if a defendant has inflicted severe bodily harm or killed someone by driving under the influence.

Your Scottsdale electric bike accident attorney can help you gather any evidence you may need to prove liability for your damages. Evidence likely to come into play in your case includes eyewitness testimony from anyone who saw the accident happen firsthand, traffic camera video footage if any cameras are situated near the scene of the crash, and digital evidence like the alleged defendant’s cell phone records. Once you have proven the cause of your electric bike accident and identified the party or parties responsible for your damages, you can proceed with claiming compensation.

Arizona law treats bicycle accidents much the same as motor vehicle accidents. This means that if a driver hit you while you were riding your electric bike, you would have the right to file an auto insurance claim against them just as you would if they had hit you while you were driving your own vehicle. Every driver must have auto insurance as required by law, and this insurance can be invaluable in the aftermath of an unexpected accident in Scottsdale.

However, dealing with insurance companies can be very challenging. They will typically look for excuses to reduce your claim payout or deny your claim, if possible. When you have an experienced Scottsdale electric bike accident attorney representing you, the insurance carrier will be less inclined to attempt any bad-faith handling of your case.

It’s important to note that while most electric bike accidents reported in Scottsdale happen on the road due to the negligence of other drivers, it is also possible for an accident to happen because of a defect with the electric bike. For example, if you are riding your bike as usual and the engine or battery suddenly catches fire, this can easily lead to severe burns and injuries from crashing. If a defective product is responsible for your recent personal injury, an experienced attorney can help you file a civil claim against the manufacturer with a product liability suit. Success with this type of claim requires proving that the product in question is defective and the defect directly caused your claimed damages.

Insurance may not fully cover all of the damages you suffered in a recent electric bike accident. Whenever a motor vehicle driver hits a bicyclist, the victim has a high chance of suffering catastrophic injuries like traumatic brain damage or injury to the spinal cord. Arizona law requires all drivers to have auto insurance that includes coverage for bodily injury, but the minimum coverage requirement is only $25,000. If you suffered serious injuries in your electric bike accident, this may only be a fraction of the total medical expenses you face.

The objective of a personal injury suit is for the plaintiff to prove liability for the damages they suffered and the scope of those damages. Once the defendant has been proven to be directly responsible for the plaintiff’s claimed losses, they must repay the plaintiff accordingly. Insurance may only provide a portion of the total damages you suffered, and insurance can only cover medical expenses and lost income. A successful personal injury claim could yield compensation for all your economic damages, including medical expenses, lost income, and property damage.

The defendant will be responsible for the repair or replacement of your bike and any of your other property damaged or destroyed in the accident they caused. When it comes to your medical expenses, anything their insurance cannot cover qualifies as claimable economic damages in your personal injury claim. This includes both immediate and future medical treatment costs if you require ongoing care due to the severity of your injuries. Similarly, if you are unable to work after your accident, the defendant is liable for the income you are unable to earn.

In the event a plaintiff has been permanently disabled, they have the right to seek compensation for their projected future damages. These may include their lost earning potential, and a good attorney can help their client accurately calculate how much income they could have reasonably expected to earn in the future if their injury had not occurred. Similarly, if they require ongoing rehabilitative treatment and/or in-home medical care, these are claimable losses as well.

Aside from direct financial losses the defendant caused, your personal injury claim could yield compensation for your intangible damages as well. Specifically, state law gives you the ability to seek pain and suffering compensation from the defendant. The average person is likely to struggle when it comes to determining a fair amount of compensation to seek for losses such as their physical pain and psychological trauma following their accident. They may also face long-term emotional distress if they are physically disabled from their injuries.

If you suffered painful injuries in your electric bike accident, face a diminished quality of life, and/or are now unable to earn as much income due to your injuries, you may have grounds to claim substantial pain and suffering compensation from the defendant. There is no limit on pain and suffering compensation in most Arizona personal injury claims, so you have the right to seek as much as you believe to be fair. Your attorney can help you determine a fair amount based on how long it will take you to fully recover and/or the overall severity of the harm you suffered.

The average personal injury plaintiff in Scottsdale will have the right to claim compensation for their economic damages and their pain and suffering. However, punitive damages or restitution could enhance their case award if the defendant caused the accident through some illegal misconduct. These damages are not directly claimed by a plaintiff and are instead assigned at the discretion of the judge handling a case. The amount the plaintiff receives in punitive damages generally hinges on the defendant’s financial status and the severity of their actions.

Just as punitive damages or restitution could enhance your case award, shared fault may diminish it. The state upholds a pure comparative fault rule, meaning that it is possible for the plaintiff in a civil claim to share fault for their damages and still recover compensation from the defendant. However, they will lose a percentage of their final case award to reflect this shared fault. For example, if a plaintiff is 20% at fault in a $100,000 claim, this would mean they will lose 20% of the final case award, or $20,000. Working with an experienced Scottsdale electric bicycle accident attorney is the optimal way to ensure you face as little comparative fault as possible if you are in any way partially liable for your accident.

Time is a crucial consideration if you intend to file any type of personal injury claim in Scottsdale. State law enforces a two-year statute of limitations for most personal injury claims, meaning a claim must be filed within two years of the date the injury occurred. This may sound like more than enough time, but the reality is that it will take some time to gather the evidence needed to file your claim successfully.

The sooner you connect with trustworthy legal counsel after an electric bike accident, the more likely you will be to succeed with your recovery efforts. Luis P. Guerra, LLC, has years of professional experience handling a wide range of accident cases, including those filed in response to electric bicycle accidents. If you believe another party caused your injuries, we can help you hold them accountable. Contact us today to make an appointment for a consultation with a seasoned Scottsdale electric bicycle accident attorney, and we can help you understand all your available options for recovery.