Fort Lauderdale residents may have noticed a rise in the popularity of e-scooters and e-bikes. These electric vehicles offer a great opportunity for commuting, recreation, and tourism. However, with the rise in popularity, there is an equal rise in accidents as micromobility becomes more common.
In this article, our scooter accident lawyers in Fort Lauderdale explain the legal landscape of electric micromobility accidents and what injured riders need to know about claims.
Florida’s Regulations on E-Scooters and E-Bikes
Florida Statutes § 316.20655 recognizes the various classes of electric bikes:
- Class 1: Top speed is 20mph, and the motor only provides power when the user is pedaling.
- Class 2: Top speed is 20mph, and power from the motor can come from pedaling or a throttle.
- Class 3: Top speed is 28mph, power is only provided by pedaling, but it can achieve a higher top speed.
However, micromobility laws in Florida treat the operation of these vehicles like traditional bicycles, which means e-scooters and e-bikes must obey posted speed limits and are given the same rights and duties on the road as any other vehicle. And just like traditional bikes, you are not required to register your e-sooter or e-bike, carry insurance, or have a driver’s license to operate one.
Further complying with traditional bike laws, riders under the age of 16 are required to wear a helmet under Florida Statutes § 316.2065.
Local Fort Lauderdale Rules That Affect Accident Claims
Under the Fort Lauderdale Code of Ordinances, Chapter 27, Article VII, Division 2, we learn that e-scooters and e-bikes are permitted on roads, bike lanes, and certain sidewalks depending on zoning. There are restrictions in high-traffic tourist areas, such as Las Olas and A1A beachside zones. And the ordinance does establish rental device parking rules and designated pick-up/drop-off locations.
Violating these statutes and local ordinances can impact liability and allow for comparative negligence in an e-bike injury claim.
Common Causes of E-Scooter and E-Bike Accidents
Accidents involving e-scooters and e-bikes have similar causes to traditional bicycle accidents, but include some causes unique to the electric micromobility device:
- Driver Negligence: Texting, speeding, failing to yield, and dooring accidents
- Rider Negligence: Inexperience or unsafe operation, such as weaving through traffic, riding on prohibited sidewalks, and a lack of helmet use.
- Poor Roadway Conditions: Potholes, construction zones, and inadequate lighting
- Equipment Malfunctions: Brake failures, stuck throttles, battery issues, and poorly maintained rental fleets
Your personal injury lawyer can investigate your accident to determine the cause of your injuries.
Types of Compensation You May Be Eligible to Receive
In addition to determining fault, your attorney can also determine your full range of damages. Damages are the non-economic and economic losses you have suffered in the accident. Your damages may include:
- Pain and suffering, emotional distress, and reduced quality of life
- Medical bills, hospital stays, and ongoing rehabilitation costs
- Lost wages and diminished future earning ability
- Property damage to personal effects and your e-bike
- Long-term disability or permanent injury compensation
Depending on how seriously negligent the other party acted, you could seek punitive damages. These damages are awarded by a judge or jury and are meant to punish the at-fault party.
Determining Liability in a Fort Lauderdale E-Scooter or E-Bike Crash
The most common at-fault party in any vehicle accident is the negligent motor vehicle driver. However, there could be other parties at fault, including:
- Other riders or pedestrians violating traffic laws
- Rental companies for inadequate maintenance or defective devices
- Manufacturers, when a design or mechanical defect causes injury
- City or municipality in cases involving dangerous road conditions or negligent infrastructure maintenance
In cases where it is found that multiple parties, or even the victim themselves, contributed to the accident, fault is shared under Florida Statutes § 768.81. Each party is assigned a percentage of fault, and their recovery is reduced accordingly. If any party’s fault is greater than 50%, though, they are barred from receiving any compensation.
What We Suggest You Do After an E-Scooter or E-Bike Accident
Often, bicycle accident victims suffer severe to catastrophic injuries, such as traumatic brain injuries (TBI), spinal cord damage, and broken bones. If your injuries permit, we advise clients to do the following after an accident:
- Call 9-1-1: You will need a police report from the Fort Lauderdale Police Department, which will include critical information for your accident claim.
- Seek Immediate Medical Care: Not only will your doctor treat your injuries, but the documentation will also provide a connection between the accident and your injuries.
- Document the Accident Scene: Photos of the device, your injuries, traffic signs, and road hazards help to establish what has happened and how you were affected.
- Collect Insurance and Contact Information: In addition to asking the driver for their contact and insurance information, ask any witnesses if they can provide contact information and a statement.
- Avoid Giving Statements to Insurers: Insurance companies and their adjusters are looking to protect themselves, so you should speak with our e-bike accident attorneys in Fort Lauderdale before contacting them.
You should then contact our law office as soon as possible.
Insurance Considerations for Micromobility Accidents
Since e-scooters and e-bikes do not require liability or injury coverage, insurance becomes a significant issue. Your auto insurance may cover injuries, but there are limits to Florida’s personal injury protection (PIP) policies. Your health insurance could then serve as a fallback, but if you suffer serious injuries, you may need to file a personal injury lawsuit against the negligent party.
Why Working With a Fort Lauderdale Personal Injury Attorney Matters
This is where working with a Fort Lauderdale personal injury attorney can make a significant difference. They can:
- Investigate all liable parties
- Obtain evidence, including medical records, police reports, and maintenance logs
- Review video and photographs
- Consult with experts in accident reconstruction
- Navigating insurance gaps and complex liability issues
- Determine your damages
- Negotiate a fair settlement from the insurers
- Take your case to a trial if necessary
Be advised that you only have two years to file a lawsuit under Florida Statutes § 95.11. If you miss this deadline, the courts will bar your case, and you will lose the opportunity to receive fair compensation.
Reach Out to an E-Scooter and E-Bike Accident Lawyer Today
The e-scooter and e-bike accident lawyers with the Law Offices of Wolf & Pravato can explain how accident claims in Fort Lauderdale work. The initial case consultation is free, and we only get paid when you win.
Call (844) 643-7200 today to get started.