Asheville is a city that’s fairly easy to get around in. Residents and tourists can use their feet, get behind the wheel of a car, or even rely on the two wheels of a bike. Add an electric boost to any bike, and the trips in the open air get even more enticing.
Plenty of people buy e-bikes or rent them for a fun way to navigate Asheville sidewalks and streets. It’s a convenient way to enjoy a ride with a little extra push from a motor. But the increased speeds and the higher degree of difficulty in steering make serious accidents all too common. Add in the mistakes that drivers can make around bikes and e-bikes, and elevated accident numbers aren’t too surprising.
Fortunately, victims may be able to hold several parties responsible for an e-bike accident and get complete help with their medical bills and other damages.
Who Is Liable for E-Bike Collisions and Accidents?
An e-bike accident can be devastating for victims, especially when a car or truck is involved. Victims should get help with their recoveries, their lost income, and their physical and emotional damages.
An experienced Asheville lawyer helps you determine who is liable for your accident and then gets aggressive on your behalf.
A Careless Driver – Victims struck by reckless drivers can seek financial help from the driver’s car insurance provider. Car insurance companies should be liable for any medical care expenses the e-bike rider builds up while in recovery. The consequences of being unable to work for weeks or months should also fall to the at-fault driver and the insurer.
Premises Liability – In other cases, there’s no vehicle involved. E-bike riders are wiped out by a dangerous pothole on a bike trail or a tree root on a sidewalk. If the conditions where e-cyclists ride are unsafe and cause crashes, the property owners or city departments responsible for road and path upkeep can be sued. An Asheville bike accident lawyer can help victims collect evidence showing a property owner or operator’s negligence.
The Rider – You don’t have to have a driver’s license or insurance to ride an e-bike. An injured party could sue the rider, but the amount of a settlement may be limited to the rider’s savings and assets. Car insurance and homeowners’ insurance generally won’t cover e-bike riders for the accidents they cause. Riders would need to purchase separate e-bike coverage, which most do not. The pedestrian may have uninsured motorist coverage through a car insurance policy that would apply if the e-bike rider had no coverage. However, not all insurers would cover injured pedestrians.
E–Bike Rental Businesses – Local bike rental companies are liable if they provide unsafe vehicles to customers. If a maintenance issue or the age of an e-bike contributes to an accident, the business owner might be liable for the victim’s recovery costs. Rideshare companies like Lime that provide rideshare e-bikes could also be responsible. However, Asheville currently doesn’t allow rideshare bikes to operate in the city.
City or County Governments and Property Owners – A problem with a crosswalk, street, or sidewalk that causes an e-bike/pedestrian collision might leave a local city transportation department liable for an accident. A property owner who created a hazard outside of a business or home that led to a pedestrian accident might also be sued.
E-Bike Makers – Companies that design and build e-bikes can be held liable if a crash is caused by a design flaw or a manufacturing defect. The stores that sell these bikes could also face lawsuits.
The E-Bike Rider – Cyclists have to be cautious when they use streets and bike lanes. They must follow the laws regular bicyclists must obey, and that generally includes all the ordinances that drivers must observe. It’s important because riders don’t want to be blamed or partially blamed for an accident and be unable to request recovery support. North Carolina follows the legal concept of contributory negligence, meaning that if riders are found in part responsible for an accident, they can’t expect injury support from anyone else involved.
Generally, car insurance doesn’t cover riders while they are on an e-bike. There is specialized coverage that riders can purchase. Most homeowners insurance companies consider e-bikes motorized vehicles, and the basic policies would stop short of providing help to e-bike injury victims or their victims.
There are exceptions to every rule, and it’s important to take advantage of a free chat with a real Asheville Lawyer when you are unsure of who can be held responsible.
Where Can I Safely Ride E-Bikes in Asheville?
In North Carolina, e-bikes can generally be used anywhere regular bikes can be ridden. Riders can hop over into bike lanes, but are also granted full access to regular traffic lanes when necessary. Generally, bikes of all kinds are supposed to use bike lanes when available, unless they can move as fast as traffic.
Asheville generally follows the lead of state laws regarding e-bikes, but the city posted its own micromobility guide to include e-bikes. E-bikes are actually allowed to use sidewalks, but must yield to all pedestrians also on the sidewalk or in crosswalks. They are also permitted on local greenways like the Reed Creek Greenway.
Find out more about local Bike Lanes on our Asheville Bicycle Accident Lawyer page.
The Types of E-Bikes in North Carolina and the Laws for Each
Many people purchase their own e-bikes to take to work, to school, or out for exercise. Visitors can also rent e-bikes from several businesses. Flying Bikes and Asheville E-Bikes has many electric bikes that you can take out for a rental fee.
Riders need to be cautious of bicycles with more power than they are used to. North Carolina defines the different types of e-bikes legal on local streets and sidewalks. There are three types recognized. They don’t provide extra power at all times. Riders still have to pedal, and the motor will stop assisting at certain speeds depending on the model.
These are the specifications for each type of recognized e-bike in North Carolina.
- Class 1 electric assisted bicycle. – A bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to assist once the bicycle reaches a speed of 20 miles per hour.
- Class 2 electric assisted bicycle. – A bicycle equipped with a motor that may propel the bicycle without pedaling but ceases to assist once the bicycle reaches a speed of 20 miles per hour.
- Class 3 electric assisted bicycle. – A bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to assist once the bicycle reaches a speed of 28 miles per hour.
Contact an Asheville E-Bike Accident Attorney
Your Melrose Law lawyer will fully investigate the circumstances of your accident. We collect all evidence to make sure the blame stays with a careless driver or property owner. We then put an insurance company on alert that it will need to accept full accountability and be prompt with support for you.
Our lawyers offer free consultations to all bicycle accident victims in Asheville, Waynesville, and across Western North Carolina. This informational session is confidential and comes without any obligation. Contact us to speak with a real, local lawyer today.
If you have a serious injury, a skilled attorney is often able to earn you much more for your recovery than you could win for yourself. If you end up needing our help with your case to earn more, you don’t have to worry about finding the money to hire a lawyer. We don’t get paid unless your case ends in success. If we win, our fee actually comes out of the settlement money that an insurance company must send you.
