More and more children are hopping on e-bikes and scooters because you don’t need a driver’s license to ride. They love the freedom and speed, but just because you don’t need an ID to ride doesn’t mean there’s no danger.
And in some cases, kids are sharing the risks with their friends and perhaps even your children. You may not know your child is riding e-bikes until there’s a serious accident at someone else’s house. You may be left to wonder who will help pay for medical bills as your child goes through a difficult recovery.
E-Bike Dangers for Children in California
An electric bike, or e-bike, is a bicycle with an electric motor to assist you when you’re pedaling. E-Bikes are part of a class of devices referred to as micromobility. The category also includes e-scooters, hoverboards, and e-unicycles.
California allows children to ride some models of electric bikes. Children and teens may be jumping on a bike with a motor to ride to a friend’s house or to the store.
Parents who haven’t purchased an e-bike for their kids may be unaware their children may still get opportunities to ride. They may also not realize how often child riders get hurt on these bikes.
The U.S. Consumer Product Safety Commission (CPSC) reports that children 14 years old and younger accounted for about 36% of micromobility injuries from 2017 to 2022. That’s despite children making up only 18% of the nation’s population. The report says that an estimated 360,800 emergency department visits involving vehicles like e-Bikes were made over those six years.
The speeds these things reach can be quite disorientating for those without experience on the road. There are also questions about the quality of the parts used in the manufacture of e-bikes. A Washington Post article details the concerns raised after a Los Angeles girl, riding with a friend, died in an e-bike crash in early 2021when the brakes on the bike apparently failed.
The tragedy raised many questions, including who might be liable after a child is injured while on a friend’s e-bike.
Who Is Liable After a Child Is Injured on an E-Bike?
In an accident, a California E-Bike Accident Lawyer would be investigating every aspect of a serious accident. That would include the decisions of parents that had a duty to supervise their kids and any guests to keep them safe at their home and any place they were allowed to ride.
E-bike companies would also be part of that investigation. Their business practices, their consumer safety efforts, and their product design could all be brought into question. Businesses must show a “duty of care” to do as much as possible to keep customers and their children safe.
There may be more than one party that could be held liable if your child is away from home when suffering an e-bike injury.
These are just a few of the aspects of any accident that might leave a manufacturer liable:
- Failure to Warn. Neglecting to warn parents and users of the safety concerns. Printing warnings but putting those warnings where they won’t usually be noticed. This would apply to labels cautioning about allowing young riders on an e-bike.
- Manufacturing and Design Flaws. This would include the use of inadequate braking systems and tire failure that causes accidents.
- Using inferior parts to save money. Companies might use a lower quality brake pad and tires to cut costs and boost profits. This should never be allowed at the expense of child’s safety.
There are also reasons a child’s parent’s may be liable:
- Lack of Supervision. Parents may be liable if they allow children to use a dangerous device like an e-bike without proper lessons and supervision during use.
- Unsafe property. An unsafe driveway or potholes at someone’s house could cause a serious fall from an e-bike.
- Allowing a child to alter an E-bike to go faster than intended.
- Allowing a child to ride along with another child.
Holding every party that may have contributed to an accident liable is an important step for victims. If there is more than one person or business at fault, it means there is a better chance that the multiple insurance companies involved would provide enough to cover every cost of a young victim’s recovery costs. This can include support for the physical healing and the emotional recovery.
Companies will likely have much more insurance coverage than individual families and parents. A lawyer would usually focus on seeking compensation from the business involved, but the insurance providers for negligent parents may also have to be called upon for help.
Filing E-Bike Injury Claims Against Family and Friends
The parents of victims shouldn’t have reservations about filing injury claims against people they know and perhaps family and friends.
An injury claim or lawsuit wouldn’t usually directly target the parents liable for a terrible accident. Their homeowners insurance would normally be called upon to provide a settlement check.
It’s also true that this is part of the reason families pay insurance premiums. They should want to get injured children the support they need to make a full recovery.
Why Do Children Need Additional Injury Support After a Serious E-Bike Injury?
A broken bone or a Traumatic Brain Injury (TBI) can have immediate consequences on a child’s life, but they also commonly lead to long-lasting effects on development. Children could need financial support for care now and money to pay for medical monitoring in the future to make sure an old injury doesn’t affect their growth.
A broken bone may appear to heal. But years later, as a teenager’s body approaches adulthood, complications may occur. Surgery could be necessary to make sure an old injury doesn’t affect bone development.
Maison Law uses testimony from medical experts to calculate the level of support a child could need in the coming years. These possibilities must be included in any settlement offer. If a settlement check won’t see a child through potential problems through their teen years, our lawyers reject those offers. We would go back to the negotiating table and demand more for the child and the child’s family.
Can My Family Seek Support After the Tragic Death of a Child on an E-Bike?
Yes. Families are empowered to seek justice and file a wrongful death claim to help with the financial consequences of a tragic bike accident.
Parents can ask for help with funeral costs and with paying remaining medical bills and ambulance fees. A California wrongful death attorney works to earn this support for families. Parents would be able to mourn their loss, while their lawyer handled the frustrating negotiations with insurance companies.
A skilled lawyer would also seek support for family members for the devastating loss to be experienced in the future. Parents should receive consideration for the loss of companionship they’ll endure in the years ahead.
What Types of E-Bikes Can Children Ride in California?
Children won’t have experience with speed and making quick decisions while they zip along. Children can also make reckless decisions to impress their friends. E-bikes are also easily souped up to go faster. As it is. E-bikes build plenty of speed.
E-bikes are split into three classifications:
- Class 1 e-bikes are pedal-assisted and offer a maximum of 20 MPH assist from the electric motor.
- Class 2 e-bikes provide electric power from the motor whether you are pedaling or not, but stop providing power once you reach 20 MPH.
- Class 3 e-bikes continue providing electric power up to 28 MPH.
Riders must be 16 or older to ride a Class 3 bike. Children and teens can ride the Class 1 and 2 electric bikes as long as they are wearing a helmet. They can not ride with a passenger.
Parents can buy e-bikes for their children, but in many California cities there are rideshare e-bikes to borrow, although in most cases, you have to be 16 or older to rent an e-bike.
Contact a California E-Bicycle Accident Lawyer
Maison Law works to remove the stress and worry insurance claims can bring for children and their parents after a serious e-bike crash. We want to give you victims the peace and quiet they need to focus on healing, while working to earn the maximum in benefits for them. We handles all communications with insurance adjusters and provide as little disruption to families as possible.
Contact Maison Law for a free Bicycle Accident Case Consultation. Let our California E-Bicycle Accident Lawyers determine what your injury should be worth and talk over your best path to receiving the support you need to rebuild your life and get back on your bike. If you do feel we can help you get the most out of your e-bike accident settlement, you don’t need to worry about paying us now. We don’t get paid unless we win your case.
