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Helping Hundreds Of Florida’s Injured Cyclists And Pedestrians

Bicyclists and pedestrians face countless dangers from drivers: distracted driving, reckless driving and intoxicated driving, to name just a few. The risk for motorists is substantially lower because motor vehicles have a steel frame for protection. Cyclists and pedestrians, though, stand to suffer severe – even fatal – injuries in a crash.

At X1Law, P.A., attorney Patrick Tighe understands this all too well. From the firm’s location in Palm Beach, he has represented hundreds of injured cyclists and pedestrians throughout Florida. He puts the power back in your hands so you can recover maximum compensation for your damages.

What Is An E-bike?

Electronic bicycles, or e-bikes, are becoming a popular way to commute around Florida. They are similar to traditional bicycles except that they have a built-in electronic motor to power them, enabling e-bike riders to travel further distances at faster speeds without the need for gasoline. The motor is battery-powered and rechargeable.

E-bikes come in three classes:

  • Class 1 e-bikes have a pedal assistance feature that is designed to stop once the e-bike reaches a top speed of 20mph.
  • Class 2 e-bikes operate with a motor-propelled throttle, which the rider can switch on and engage with a push of a button. The motor will also stop propelling when the bike hits a speed of 20mph.
  • Class 3 e-bikes are like class 1 e-bikes because they, too, have a pedal assistance feature. However, class 3 e-bikes can go as fast as 28mph.

Types Of E-bike Accidents

As these electrically assisted bikes become more popular, the likelihood of accidents involving them also increases. Here are some examples of types of e-bike accidents:

  • Collisions with other vehicles
  • Pedestrian accidents
  • Falls and tip-overs due to road disrepair and lack of road maintenance
  • Speed-related accidents
  • Equipment failure
  • Manufacturing error
  • Driver error

If you get into an e-bike accident, immediately contact personal injury attorney Patrick J. Tighe. The road conditions may have been unsafe, causing you to lose your balance and fall. He can review your case and see if you have a claim.

What Is The Bike Accident Law In Florida? Does It Differ For E-bikes?

In Florida, e-bike riders have the same rights and privileges as those who ride traditional bicycles. Bicyclists, including e-bike riders, must follow the same traffic laws as other vehicles. They must obey traffic signals and signs, ride with the traffic flow and yield the right-of-way when appropriate. When an e-bike rider gets into an accident, they can recover compensation from the driver or other party who caused the accident. However, because Florida uses a modified comparative rule for personal injury cases, you can only hold the party liable if you have a lesser degree of fault.

The attorney at X1Law, P.A., can give you specific legal advice or information regarding bike accident laws in Florida. He can explain how the rules apply in the case of e-bikes.

What Is The Injury Rate For E-bikes?

The U.S. Consumer Product Safety Commission (CPSC) reported that there have been more than 360,000 emergency department visits related to micromobility products between 2017 and 2022. According to the same report, there has been an approximate annual increase of 23% in injuries associated with micromobility devices such as e-scooters, e-bikes and hoverboards since 2017. The data gathered from U.S. hospitals indicates a significant rise of nearly 21% in the last year compared to 2021.

An estimated total of 15% or 53,200 emergency department visits involved e-bikes. E-bike riders may be at a higher risk of certain types of injuries due to the higher speeds they can achieve compared to traditional bicycles. Injury rates may also be influenced by the overall traffic environment, road conditions and adherence to traffic laws by all drivers.

Types Of Damages You May Recover

The lawyer at X1Law, P.A., will work closely with you to see what damages you can recover from your e-bike accident. Depending on the severity of your injuries and the facts surrounding the case, you may be eligible for the following damages:

  • Medical expenses
  • Lost wages
  • Physical therapy
  • Pain and suffering
  • Loss of consortium
  • Loss of or diminished quality of life
  • Property damage
  • Long-term medical care and rehabilitative care (if applicable)

In the case of long-term or permanent disability, you might also seek compensation for future lost wages and medical care. It is important to note that the specifics can vary depending on the details of the accident and the coverage of any applicable insurance policies. Attorney Tighe has considerable experience with bicycle accidents, and he can provide guidance tailored to your individual situation.

Evidence Collection After You Were Injured On An E-bike

If you do not need emergency medical attention after an e-bike accident, you must gather as much information and evidence as possible. Use your phone to take photos and videos of the scene, as well as your injuries and any damage to your bicycle and gear. Include anything that might be of value, such as traffic signs, signals and proof of the road and weather conditions during the time of the accident. Exchange information with the other parties involved and collect contact information from any witnesses to the accident. Do not admit fault to anyone. It is a good idea to speak with a lawyer before talking to the insurance companies.

Even if you believe you suffered no injuries, you should get a thorough medical examination after the accident. Your medical records will also serve as evidence should you pursue a personal injury claim later. Attorney Tighe will study your evidence and help you use it to support your claim.

Comparative Negligence: What To Know

Florida is a comparative negligence state. If the court determines that you share a portion of the fault in a crash, your amount of compensation may decrease accordingly. For example, if a driver has 90% fault in a crash and you have 10%, you will receive only 90% of the settlement amount. Attorney Tighe has handled many cases involving comparative negligence. He has a strong record of reducing the percentage of his clients’ fault or getting the insurance company to shoulder 100% of the burden.

We Know How Insurance Companies Work

Before founding his firm, Mr. Tighe worked as a lawyer for an insurance company. In his time there, he learned the underhanded tactics that many insurers use to get their policyholders to accept lower-than-necessary settlements for injury claims. When advocating for you, he knows how to anticipate your insurance provider’s strategies. He works assertively to get the absolute best settlement or award that he can.

Take On The Powerful Insurers With His Help

Even if the other party and their insurance company try to make you feel as if the accident was your fault or your insurance company makes a low-ball settlement offer, Mr. Tighe will fight for you. Reach out to our firm to request a free consultation with him about your claim. You can call him at 561-363-3947 or send him an email to get started.