You were riding an e-bike through Bensalem, Levittown, or another part of Bucks County when a driver turned across your path, pulled out in front of you, passed too closely, or struck you at an intersection.
Now you are dealing with injuries, medical treatment, damage to your bike, and questions about who was responsible for the crash.
The driver or the driver’s insurance company might also focus on what you were doing. Were you riding in the roadway? How fast was the e-bike traveling? Did you follow the applicable traffic rules? Did the bike qualify as an e-bike under Pennsylvania law?
Those questions can matter. But they do not automatically determine who caused the collision.
When a car hits you while you are riding an e-bike, responsibility depends on how the crash happened, what you and the driver were doing, the rules that applied, and the evidence showing what occurred.
Pennsylvania law uses the term “pedalcycle with electric assist” for certain e-bikes. Among the Vehicle Code’s requirements, a qualifying e-bike must weigh no more than 100 pounds, have two or three wheels more than 11 inches in diameter, be equipped with operable pedals, use an electric motor rated at no more than 750 watts, and be incapable of exceeding 20 miles per hour on a level surface when powered by the motor alone.
A qualifying e-bike falls within Pennsylvania’s definition of a pedalcycle. Pennsylvania law also provides that a person under 16 may not operate a pedalcycle with electric assist.
When riding on the roadway, pedalcyclists generally have the rights and duties that apply to drivers of vehicles, subject to bicycle-specific rules and other Vehicle Code provisions that do not apply to pedalcycles.
That means you do not lose the protections that apply to pedalcyclists under Pennsylvania traffic laws simply because a motor assists your bike.
Your bike’s specifications can still matter. If it falls outside Pennsylvania’s definition of a pedalcycle with electric assist, different Vehicle Code provisions can come into play. If the driver or insurer questions what type of e-bike you were riding or how it operated, confirming its make, model, motor rating, and operating specifications can help determine which rules applied.
After a car hits you while you are riding an e-bike, one of the central questions is whether the driver, you, or both contributed to how the collision happened.
A driver’s conduct can support a finding of fault if, for example, the driver:
Suppose you are traveling on an e-bike along a road in Bensalem when an oncoming driver turns left across your path.
The fact that you were riding an e-bike does not answer the question of fault. Determining responsibility would still require looking at whether the driver yielded when required, whether you were visible, the speed and position of both vehicles, and whether either of you had a reasonable opportunity to avoid the collision.
Similar questions can arise on busy roads such as Street Road or Bristol Pike, at intersections, and on neighborhood streets throughout Lower Bucks County.
The fact that a car struck you does not, by itself, establish that the driver was legally at fault.
The insurer may argue that you contributed to the crash by failing to obey a signal, violating an applicable roadway rule, traveling too fast for conditions, failing to use required equipment, or making a movement the driver could not reasonably anticipate.
That does not necessarily end your injury claim.
Pennsylvania follows a modified comparative negligence rule. An injured person can still recover damages when their share of fault is not greater than the combined causal negligence of the defendant or defendants from whom recovery is sought. Any award is reduced according to the injured person’s percentage of fault. If the injured person is found more than 50% responsible, they generally cannot recover damages from those defendants.
If the insurer is trying to place some or all of the blame on you, the details of the collision become especially important.
A driver may claim that you “came out of nowhere.” The physical evidence could show that you had been traveling in a visible position for some time. An insurer may focus on your speed even when other evidence also raises questions about whether the driver failed to yield before turning.
Fault should be evaluated from the complete circumstances of the crash, not from assumptions about e-bike riders.
At Cohen & Riechelson, we understand how quickly questions about fault can complicate an e-bike injury claim, especially when you are already dealing with injuries, treatment, and the disruption caused by the crash.
After an e-bike collision, you and the driver may have very different accounts of what happened. Physical and electronic evidence can help show which account is supported by the circumstances.
Depending on the circumstances, useful evidence may include photographs of the scene and vehicle damage, surveillance or traffic-camera footage, witness statements, the police crash report, skid or impact marks, electronic information from the e-bike, and records showing the bike’s make, model, and specifications.
The location of the damage can also matter. Damage to the front, side, or rear of the bicycle and vehicle may help establish the angle of impact and how the two approached one another.
Video can be particularly important. A nearby business, residence, vehicle dashcam, or traffic camera may have captured the collision or the moments leading up to it. Because that footage may not be retained indefinitely, identifying potential sources early can make a meaningful difference.
If your e-bike was badly damaged, avoid discarding or repairing it until you have considered whether the bike itself could be important evidence.
Unlike someone inside a passenger vehicle, you have little physical protection if a collision knocks you from your e-bike and onto the roadway.
Depending on the circumstances, an injury claim can involve losses such as medical expenses not otherwise covered by applicable benefits, lost income, pain and suffering, and other damages supported by the evidence.
The potential value of an injury claim is not determined simply because an e-bike was involved. It depends on factors such as the nature and extent of your injuries, the medical treatment you need, time away from work, other financial losses, available insurance, and how fault is ultimately allocated.
Your health comes first. Seek appropriate medical attention and follow the treatment recommendations you receive.
If you are able to do so safely, preserve information about the accident as well. Keep photographs and videos, the driver’s contact and insurance information, witness information, medical records, receipts, and documents relating to missed work.
Keep the damaged e-bike, helmet, clothing, and other equipment rather than immediately throwing them away. If you have an app or display that recorded information about the ride, preserve that data as well.
Be careful about giving detailed recorded statements to another driver’s insurance company before you understand what evidence is available and how Pennsylvania’s fault rules may apply.
What appears to be a straightforward collision can become disputed once questions about speed, roadway position, visibility, or the operation of the e-bike arise.
Being hit by a car while riding an e-bike can leave you facing more than physical injuries. You may have medical bills, missed work, damaged property, and an insurance company questioning whether you contributed to the accident.
You do not have to accept the driver’s version of what happened as the final word.
At Cohen & Riechelson, we represent people injured in motor vehicle and bicycle accidents in Bucks County, Northeast Philadelphia, and surrounding communities. We can review how the collision occurred, the available evidence and insurance coverage, and the options that Pennsylvania law provides.
If you or someone you love was injured when a vehicle struck an e-bike, contact Cohen & Riechelson to discuss what happened and learn more about your legal options.
Disclaimer: The articles on this blog are for informational purposes only and are not a substitute for legal advice from an attorney. Reading this article does not create an attorney-client relationship. If you need legal advice about your specific situation, please contact our law firm directly.
You called an Uber or Lyft expecting someone else to handle the driving. Maybe your… Read More
You may have been trying to reach a bus stop, business, parking lot, or the… Read More
A hit-and-run accident is frightening under any circumstances. If you were walking in Northeast Philadelphia… Read More
A motorcycle crash can turn an ordinary ride into a frightening, painful, and confusing experience… Read More
You buy a product expecting it to make life easier, not send you or someone… Read More
A serious car crash can leave you rattled, sore, and staring at a new set… Read More