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How Does Speed On An Electric Bike Affect Your Medical & Personal Injury Claim?

cloud law firm electric bike accident lawyer how does speed affect electric bike accident settlementsElectric bikes have grown in popularity in the last few years, especially in Florida’s balmy climate, where people can enjoy touring around all year long. The sale of Ebikes in the United States has increased by 240% between 2019 and 2021, and with more of these recreational vehicles on the roads, the chances of injuries has also increased.

When it comes to ebike accidents, a number of factors will be taken into account to determine liability and who is at fault. One of these is speed. The speed in which the vehicle was moving at can impact what you can expect from a personal injury settlement, especially if it turns out that you were traveling at a speed that exceeds local limits.

What Class of E-Bikes Are Allowed in Florida?

There are different types of e-bikes that a person can own and ride in Florida. There are three main classifications of e-bikes that are legal in Florida.

  • Class 1 e-bikes – This type of e-bike works if the cyclist is pedaling, but the bike does not have throttle assist. The cyclist must pedal to get the benefit of the motor, but they get an easier, more consistent ride. These are also referred to as pedelecs, and don’t exceed top speeds of 20 miles per hour (mph).
  • Class 2 e-bikes – This type of e-bike also doesn’t exceed speeds of 20 mph, but do have a motor that is controlled by a throttle and can move the bike forward even if you aren’t actively pedaling. This will drain the battery faster than if you are pedaling however, and although you don’t need a driver’s license for class 2 e-bikes you must be over the age of 16 to operate one.
  • Class 3 e-bikes – This is the fastest type of legal e-bike on the road and is capable of reaching speeds up to 28 mph. They work the same as the class 2 e-bikes where the motor will propel the bike, however they can reach faster speeds than class 2 e-bikes. Again, you don’t need a driver’s license, but you must be 17 or older, and you must wear a helmet while operating a class 3 e-bike.

All three types of e-bikes are allowed on Florida roads, provided that they do not exceed the speed limit of 28 mph and their electric motor power wattage does not exceed 750.

Where Are You Allowed to Ride E-bikes in Florida?

E-bikes are typically allowed to be driven wherever other bicycles are allowed throughout the state of Florida. This means the e-bikers can drive in bike lanes, on bike paths and multiuse paths, and on the shoulders of most roadways. E-bikes can also be allowed on some trails depending on the type of trail that it is. The Florida Department of Environmental Protection allows Class 1 e-bikes in all areas where normal bicycles are permitted. However, some state parks do restrict e-bike usage. It is always best to check with the state park you plan on visiting before riding.

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How Can Speed Impact Your E-Bike Accident Settlement?

Florida recently updated their E-bike laws, increasing the maximum speed of these bikes from 20 mph to 28 mph. This speed increase means that riders need to exercise even greater caution when riding an e-bike, being mindful of their surroundings. It is important to adhere to these speed limits for the sake of safety, but also because there can be legal implications if you are found to be exceeding the legal speed limit while involved in an accident. The state of Florida uses a comparative negligence model for determining person injury case settlement amounts. This means that if the person injured is found to be somewhat at fault for the accident up to 50% their settlement will be reduced by the amount that they are at fault. Speeding and exceeding the legal limit for an e-bike would be considered a mitigating factor that would put the injured party at least partly at fault for the accident.

The speed you’re riding on an electric bike can significantly affect your medical and personal injury claim in a number of ways if you’re involved in an accident. Here’s how:

1. Liability and Negligence: As mentioned above, speed influences who’s at fault. If you were exceeding the legal speed limit, you may be considered partially or fully responsible for the accident, which can reduce or eliminate compensation.

2. Severity of Injuries: High-speed crashes often result in more severe injuries, which can lead to higher medical bills and increased damages. However, proving excessive speed may complicate the insurance claims process, as insurers could argue contributory negligence.

3. Insurance Coverage: Electric bikes are not always covered under traditional vehicle insurance policies, so compensation for injuries may depend on personal health insurance or the policies of the at-fault party. If speed plays a role in the crash, insurers might dispute your claim, suggesting reckless riding.

4. Helmet Laws: While Florida does not mandate helmets for e-bikes, failure to wear one, especially at high speeds, could impact your claim. If the defense argues that your injuries could have been minimized by a helmet, it might reduce your compensation.

Speak With An E-Scooter Injury Lawyer Near You in Florida

If you have been injured in an e-bike accident in Florida, it’s essential to work with a personal injury lawyer experienced in electric bike accidents. They can help you understand how speed and other factors impact your claim and ensure you seek fair compensation. We invite you to reach out to the personal injury lawyers at the Cloud Law Firm. Contact our office online or call 855-408-5100 to speak with one of our experienced e-bike injury attorneys today to set up a free case consultation.

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