Things To Think About When Evaluating An E-bike Claim

E-Bikes – we have all seen and heard them zipping along the sidewalks and walkways. The attractions are many – for some it is a relatively low cost, environmentally friendly way to get around. For others, particularly those too young to get a driver’s license, it is simply faster, easier way to get around. However, like any form of motorized transportation – crashes are inevitable. Here are some general things for attorneys to think about when considering an E-bike claim

There are three e-bike classes and their treatment under Maine law[1] varies depending on the class, but none of them require licensing or registration.[2]

• Class 1 bikes are “pedal assist” bikes. In other words, you must pedal to activate the motor. Class 1 bikes have a top speed of 20 mph. If you exceed 20 mph, e.g., going downhill, the motor assistance stops. Class 1 bikes do not have a throttle to control the speed.
• Class 2 bikes also have a top speed of 20 mph, but they have a throttle which allows them to operate both as a pedal assist bike or motor only, no pedaling required.
• Class 3 bikes are also limited to pedal assist, like Class 1, but have a much higher top speed of 28 mph.

U.S. regulations limit e-bikes motors to 750 watts or less, and many European countries are even more restrictive. However, a quick Amazon search confirms that conversion kits are readily available, allowing riders to circumvent those limits and increase the power to 1000 watts or more. In addition, multiple retailers advertise and offer DIY “tuning kits”, specifically designed to bypass the speed restrictions placed by the manufacturer and maximize speed.

The growing popularity of e-bikes has not gone unnoticed. The American College of Surgeons reported on a 2024 study confirming a 49-fold increase in e-bike crashes resulting in head trauma over the last 5 years, which they attributed to a lack of safety regulations like mandatory helmets, speed limits and age restrictions.[3]

Fortunately, Maine is ahead of the curve and adopted laws in 2019 to address many of the risk factors identified by the American College of Surgeons. For example, state law prohibits riders under the age of 16 from operating a Class 2 or Class 3 bike and requires them to wear a properly fitting helmet when riding any e-bike. Not only are helmets required by law, but it is also common sense. The average pedaling speed of a teenager on a regular bike is about 10 mph.[4] An e-bike allows them to double that speed. The battery system makes the bike heavier, which can make it more difficult to maneuver and allow potentially faster downhill speeds. Add obstacles such as pedestrians, cars, other cyclists, and the potential for disaster increases exponentially. According to the CPSC, e-bikes were responsible for an estimated 87,400 emergency room visits from 2017 through 2023, with the annual total increasing every year from 2017 to 2023.[5] In other words, as the popularity of e-bikes increases, so do the number of injuries. Over the same period, the CPSC identified 193 e-bike fatalities, of which 113 were associated with motor vehicle collisions.[6]

This is not to say that e-bikes should be avoided or banned. They are an efficient, fun and environmentally friendly way to get around. But, like any vehicle, motorized or not, sensible attention to safety makes for a better experience for both the riders and bystanders. When evaluating a potential claim, it is important to determine whether the bike had been modified to increase the wattage or speed, potentially in violation of Maine law. Equally important is to determine whether the rider was wearing a helmet. Finally, traumatic brain injuries can be subtle and hard to diagnose, so a thorough medical evaluation is an important part of the damages assessment.

Berman & Simmons is here to help navigate the nuances of the law and advocate on your behalf. We have litigated countless vehicle accident cases, including bicycle and e-bike related claims. Our firm has the expertise and experience to handle both simple and complex personal injury claims.