Electric bike and scooter usage is growing in popularity, becoming a viable and eco-friendly transportation method across the US. Florida’s plentiful bike paths make it easy for e-bike riders to get around town safely and conveniently. However, increased usage also increases e-bike accidents. According to a recent study, there were 45,586 e-bike accidents between 2017 and 2022. Pediatric injuries increased 43 times, and 5,462 people were hospitalized during the study period. Below, we discuss Florida’s e-bike laws, how to operate them safely, and what to do if you’re involved in an e-bike accident.
E-Bikes and Motorized Scooters—Defined
Florida law has a specific definition of e-bikes and motorized scooters. According to Florida Statute 316.003, these types of motorized transportation are defined as:
Motorized Scooter
A motorized scooter is any vehicle that doesn’t have a seat or saddle for the rider, travels on no more than three wheels, and has a motor that can’t exceed 30 miles per hour.
E-Bike
Section 23 of Florida Statute 326.003 defines an e-bike as a fully equipped bicycle with an electric motor of less than 750 watts. E-bikes have three classifications:
- Class 1—An e-bike that only uses the motor when a cyclist pedals and cannot surpass 20 miles per hour.
- Class 2—An e-bike operated exclusively by the motor (regardless of whether the rider pedals) and cannot exceed 20 miles per hour.
- Class 3 —An e-bike that can reach speeds up to 28 miles per hour.
Florida E-Bike Laws
Florida Statute 316.2128 states e-bike and motorized scooter riders have the same rights and duties as traditional cyclists. E-bikes can be used anywhere traditional bicycles are allowed, including streets, highways, bike lanes, shoulders, and multi-use paths. However, Florida law permits local municipalities to enact ordinances permitting or forbidding e-bikes on particular paths. Like a regular bicycle, e-bikes aren’t required to be registered or insured. You also don’t need a driver’s license to operate an e-bike.
Causes of E-Bike Accidents
Here are the common causes of e-bike accidents:
Speeding
Unlike a traditional cyclist who travels at an average rate of 10 to 15 miles per hour, e-bike riders go nearly twice as fast. This increases the chance of e-bike accidents on multi-use paths where pedestrians, children, and other cyclists are present.
Defective Products
There are several current e-bike recalls, impacting over 46,000 bikes. The recalls cite problems with faulty brakes and tires. Riders unaware of the recall or refusing to get the bike fixed can increase the likelihood of e-bike accidents.
Failure to Share the Road
E-bike riders travel much faster than the people around them, especially on multi-use paths in populated areas. This relative speed can increase collisions with pedestrians and other cyclists.
Poor Conditions
Inclement weather, wet roads, and fallen debris increase the likelihood of accidents and injuries, as e-bike riders travel faster and have less time to react to road conditions than pedestrians or traditional cyclists.
Common E-Bike Injuries
Traumatic brain injuries are the most common injuries from e-bike accidents. Reports show that only 44% of e-bike riders involved in an accident wore helmets. Pedestrians and other cyclists who collide with e-bike riders can also face severe injuries, including broken bones and spinal cord injuries.
Who’s Responsible After an E-Bike Accident?
Getting compensation after being involved in an e-bike accident is particularly challenging, as e-bike owners aren’t required to have insurance. As a no-fault state, you may be eligible for compensation for your injuries through your own vehicle PIP coverage. If you don’t own a car, your health insurance, renter’s, or homeowners insurance may cover your medical bills. Getting adequate coverage for your e-bike injury can be complicated, so partnering with an experienced Florida e-bike accident attorney is crucial. Your attorney can help you pursue every avenue to ensure you’re compensated adequately for your injuries through your insurance and the at-fault e-bike rider’s coverage.
Compensation After Your E-Bike Accident
If you’ve been injured in an e-bike accident, seek medical attention immediately. Then, call an e-bike accident attorney like our team at The King Law Firm to help you get compensation for your injuries. Your own insurance may delay or deny payments based on the nature of your accident if it didn’t involve a vehicle. It’s essential to seek the help of a lawyer to ensure you’re compensated fairly. Call our office at 352-629-8747 or schedule a free consultation with us online today.
