If you’ve ridden an electric bike, you know the perks. E-bikes allow you to bypass traffic that would slow down your car commute and cover more distance in less time than you could with a conventional bike, with far less exertion.
But these bikes bring risks, sometimes very serious ones. The force involved in an electric bike accident can cause broken bones, head and brain trauma, neck and spinal injuries, road rash, internal injuries, and more.
Beyond physical damages, these injuries can take a staggering financial toll. Emergency medical treatment, diagnostic testing, surgery, rehabilitation, prescription medications, and ongoing therapy can add up quickly. These injuries can require extensive rehabilitation and keep you from returning to work for long periods.
If you’re injured in an e-bike accident, what you do directly after the crash matters for both your health and your legal claim. In this blog, our Las Vegas accident attorneys will walk you through the steps that can protect your physical and financial well-being and save you a lot of unnecessary emotional stress.
Get Medical Help
Your first priority is to protect your health. Start by calling 911, or having someone else call if you’re not well enough to do so.
Even if you don’t think your injuries are serious, you should still get a medical evaluation. Many injuries associated with e-bike accidents are not immediately apparent. Adrenaline can mask symptoms of concussions, spinal injuries, and internal injuries. You may get up, brush yourself off, and tell everyone you’re fine, only to discover later that you’re dealing with serious injuries.
If your doctor recommends testing, such as a CT scan or MRI, follow through. Thorough testing helps both your health and your legal claim. It’s common for insurance companies to argue that your injuries are not related to your accident or to minimize the impact of your injuries. Early testing results give visual proof of your injuries.
If your doctor recommends follow-up care, you should comply with this, too. If you fail to show up for follow-up appointments or decline treatment such as physical therapy, you send the message that your injuries aren’t all that serious. Insurance companies can use these treatment gaps to minimize your compensation.
Gather Evidence at the Scene
It’s hard to re-create the accident scene after you’ve left it. That’s why it pays to collect as much evidence as possible.
Take the following steps, or, if you’re too badly injured, have someone take these steps on your behalf.
- Call law enforcement and request an accident report.
- Exchange information with any drivers or other parties involved.
- Take photographs or videos of the accident scene from all angles. Capture road signs, traffic signals, road conditions, skid marks, etc.
- Take photos of your injuries and any property damage.
- Collect contact information from witnesses.
Memories fade, witnesses become difficult to locate, and physical evidence can disappear quickly. Evidence directly from the scene can become extremely valuable later.
Determine Liability
If your accident was caused by someone else’s negligence, either partially or fully, you may be able to file a legal claim and recover damages. Your first step in your legal claim is to establish liability. To show liability, you must show that someone (such as the other driver) had a duty of care for others on the road, that they breached that duty, and that you were harmed as a result.
Liability in an e-bike accident can be clear cut. For example, you may claim that a distracted driver was liable for your crash. But other parties may also be responsible:
- A pedestrian who stepped in front of you, causing you to brake hard and fall off your bike
- A government entity that failed to maintain safe roadways
- A construction company that left debris on the road
- An electric bike manufacturer, if a defective component contributed to the crash
- A rental company that failed to properly maintain your e-bike, if you were renting
In some cases, multiple parties may share responsibility for the accident. You may even share some fault for the accident. For example, maybe you were hit by a speeding motorist at night, but you were partially at fault because you did not have proper lighting on your bike.
If you were partially at fault, you will want to explore Nevada’s comparative negligence policy. This means that you can still collect damages as long as you are not more than 50% at fault, though your damages will be reduced by your percentage of fault. So if it is determined that you are 25% at fault and there is a $10,000 settlement, you will receive $7,500 (reduced by $2,500 or 25%).
Deal Cautiously with Insurance Companies
When insurance companies get involved, they may seem kind and empathetic. But insurance companies have one priority: their own finances. It is in their best interest to minimize your payout.
You may get a call from an insurance adjuster asking for a recorded statement or offering you an early settlement offer. While these interactions may seem routine, they have the potential to hurt your claim.
Insurance companies may attempt to:
- Downplay the severity of your injuries
- Argue that you were partially at fault
- Question the necessity of medical treatment
- Use your statements against you
- Offer a settlement before the full extent of your injuries is known
It’s often best to communicate with insurance companies through an attorney.
Consult an Attorney
Insurance companies are sophisticated organizations. They often have sophisticated in-house legal teams who know how to minimize their financial losses. Fortunately, a good accident injury attorney can anticipate the tactics of insurance companies and stand up for your rights.
An attorney can help you meet all filing deadlines and direct you to the best medical specialists after your accident. These specialists can ensure that you get the right tests and treatment to support your physical recovery and your legal claim.
Your attorney can make sure that your legal case is supported by the most compelling evidence so that insurers won’t be able to discredit you or dispute your claim. They can help you understand what constitutes a fair settlement, so that you don’t accept an offer that doesn’t represent all your losses. For example, if you sustained a back injury in the e-bike crash that could continue to cause you pain and require extensive therapies and even surgery, they can make sure that your claim supports these damages.
An attorney can make sure you don’t leave any money on the table. For example, if multiple parties are at fault for the accident (such as another driver and the local government responsible for road maintenance), they can hold all parties accountable. They can also help you sue for intangible losses such as pain and suffering, if applicable.
And finally, if you cannot reach an acceptable settlement out of court, your attorney can represent you in court.
Seek out attorneys who have experience with the type of injuries you’re dealing with. For example, a traumatic brain injury attorney here in Las Vegas can connect you with the best neurologists and anticipate the types of ongoing health complications and expenses you may face.
Moving Forward After an Electric Bike Accident
In an instant, an e-bike accident can turn your world upside down. But you are not powerless. You can act with strength and intention to recover what was lost. There is life after an e-bike accident, and with the right strategy and the right help, you can find it. Contact Tingey Injury Law Firm for help.