E-Bike Accident Injuries on the Rise
E-bike usage is rising in cities around the country, including Nashville, because they offer an efficient and enjoyable way to get around. This increase in e-bike usage has also led to increased e-bike accidents.
Were you injured in an accident while riding an e-bike in Nashville, Tennessee? If so, our team of Nashville e-bike accident attorneys will assist you in seeking the maximum compensation available for your injuries. Contact us at 615-676-7060 for a free consultation.
What Is an E-Bike?
An e-bike (electric bike) has a battery and motor to assist the rider with pedaling. The rider still has to pedal, but the motor makes it more accessible, so the rider can go faster, travel longer distances, and go up hills with less effort.
While individuals can purchase e-bikes, most e-bikes you’ll see around the city are rentals. The fact that rental e-bikes are so popular is essential for personal injury claims because it potentially leaves the rental company liable.
What Causes E-Bike Accidents?
There are many causes of e-bike accidents, but some of the causes that most frequently lead to personal injury claims are:
Driver Negligence
Poor Road Conditions
Defective E-Bikes
Pedestrian Interactions
Common E-Bike Accident Injuries
The injuries suffered during e-bike accidents are similar to those suffered during bicycle accidents. They can be worse for two main reasons. The first is that because of their electric motors, e-bikes can reach higher speeds. The second reason is that since most e-bikes are rentals, riders often don’t wear helmets.
Some of the most common e-bike injuries include:
Fractures and Breaks 1
The initial impact can break or fracture bones if a vehicle strikes you while riding an e-bike. You can also suffer breaks and fractures when striking the ground after falling. Hand, forearm, and wrist fractures are ubiquitous because we instinctively brace our fall using our hands.
Lacerations and Abrasions 2
Lacerations and abrasions frequently result from hitting and sliding on the pavement after an accident. Hands, arms, and legs are the most vulnerable parts of your body to these kinds of injuries.
Traumatic Brain Injuries 3
Because most e-bike riders don’t wear helmets, an accident can result in serious head injuries, including traumatic brain injury. A traumatic brain injury can leave you with a lifelong disability and require around-the-clock care.
Spinal Cord Injuries 4
Being struck by a vehicle or even suffering a hard fall can injure your spinal cord, leading to temporary or permanent paralysis. If you aren’t permanently paralyzed, you will have to undergo months or years of physical therapy. And if you are, your life will be drastically different from pre-injury.
Internal Organ Injuries 5
Internal organ injuries are hazardous because they are not always immediately apparent. You may only realize something is wrong days after your accident when you notice bruising and pain.
Contact a Nashville E-Bike Accident Attorney
Gathering Evidence after an E-Bike Accident
How do you prove that someone else was responsible for the accident that caused your injuries? And how do you show that you deserve the compensation you’re seeking? You need to provide evidence that backs up your claim. There are many different types of evidence you can use, with some of the most common being:
Video footage of the accident taken by nearby traffic or security cameras.
Photographs of the accident aftermath, including the e-bike, the surrounding area, and your injuries.
Eyewitness statements that corroborate your story.
Expert witnesses who can speak about your injuries or the nature of the accident.
Your medical records and bills that show the validity, severity, and cost of your injuries.
Financial documents that demonstrate the impact of your injuries on your finances.
Compensation for E-Bike Accident Victims
According to Tennessee Law those who suffer injuries caused by another person can receive economic and non-economic damages. Economic damages are monetary losses, and non-economic damages are non-monetary losses.
Examples of economic losses include:
- Past and future medical expenses, such as hospital stays, surgeries, medical treatments, medical devices, and prescription medications
- Lost wages due to taking time off work while you recover and a loss of future earning potential if your injuries prevent you from working full-time or at all in the future
- The cost of home services you are no longer able to perform because of your injuries
Examples of non-economic losses include:
- The physical pain and suffering you experienced due to your injuries
- The emotional distress you experience as a result of your injuries
- The loss of consortium or parental guidance experienced by your spouse and children
Caps on Non-Economic Damages
Compensation for non-economic damages has a cap of $750,000 except under specific circumstances. The cap increases to $1,000,000, for example, if you suffered a “catastrophic loss or injury,” which is one of the following:
- A spinal cord injury resulting in paraplegia or quadriplegia
- An amputation of two hands, two feet, or one of each
- Third-degree burns over 40% or more of the body or face
Additionally, there is no cap on non-economic damages if:
- The at-fault party intended to inflict serious injury
- The at-fault party intentionally destroyed evidence against them
- The at-fault party was under the influence of drugs or alcohol
- The at-fault party’s actions resulted in a felony conviction
Determining Liability after an E-Bike Accident
In some cases, determining liability after an e-bike accident is easy. If you were riding through an intersection and a car ran a stop sign and struck you, that could be a cut-and-dry case if there’s footage of the accident.
Many different parties could be liable for your injuries, however, depending on the specifics of your case. It could be a driver, a pedestrian, an e-bike rental company, an e-bike manufacturer, or even the government.
If your injuries result from an e-bike failure, the rental company or manufacturer could be responsible, depending on what caused the failure. Was it a lack of maintenance, or was it a manufacturing defect?
If your injuries result from an accident caused by poorly maintained roads, the government could be liable since it keeps the public roads. And if you were on private property or a sidewalk, the owner of that property may be liable instead.
Personal Injury Statute of Limitations in Tennessee
Tennessee law gives victims of personal injury one year to file their lawsuit against the party that harmed them. Failing to file your claim within this statute of limitations could result in the courts automatically throwing your case out.
How an Attorney Can Help
If you suffered an injury due to someone else’s negligence, a personal injury attorney can assist you in seeking compensation. Your attorney will help throughout the claims process, including by:
Conducting a thorough investigation of your accident to gather evidence supporting your claim, including witness statements and surveillance footage. 1
Identifying the liable parties and, if there is more than one, apportioning fault between them. 2
Filing your claim within the statute of limitations and assisting you in filing all subsequent documents necessary for your case. 3
Representing your best interests in settlement negotiations with insurance companies and opposing counsel. 4
Presenting your case before a judge and jury to seek the maximum compensation available under the law. 5
It is also crucial to avoid speaking to insurance companies and the opposing party’s lawyers without first talking to a lawyer of your own. They will try to get you to admit that you were partially at fault for the accident so they can reduce your compensation. Having an attorney is the best way to protect your rights.
Contact a Nashville Personal Injury Attorney
While e-bikes can be an enjoyable way to travel around Nashville, they’re not without their dangers. Crashes with cars, pedestrians, and road hazards can cause serious injury, permanent impairment, or even death.
Were you injured in an e-bike accident? Contact the experienced personal injury attorneys of Minner Vines Injury Lawyers, PLLC online or at 615-676-7060 for a free consultation. We’ll evaluate your case, help you understand your legal options, and answer any other questions.