Electric bikes (e-bikes) and electric scooters (e-scooters) have become increasingly popular transportation options throughout Milwaukee. While these devices offer a convenient and affordable way to travel, they also come with serious safety risks. When an e-bike or e-scooter accident occurs, determining who is responsible can be complicated. Negligent drivers, dangerous road conditions, defective equipment and other factors may contribute to a crash. Injured riders may be entitled to compensation for medical expenses, lost wages and other damages. The experienced personal injury attorneys at Hupy and Abraham, S.C. can help injured riders understand their legal options and pursue the compensation they deserve.
The Rise of E-Bikes and E-Scooters in Milwaukee
In recent years, e-bikes and e-scooters have become a more common sight throughout Milwaukee. From commuters traveling downtown to residents exploring the lakefront, these electric-powered devices provide an alternative to driving, walking or using public transportation.
Their growing popularity can be attributed to several factors, including affordability, convenience and increased interest in environmentally friendly transportation. E-bikes allow riders to travel longer distances with less physical effort, while e-scooters offer a convenient option for shorter trips.
However, as more riders share the road with cars, buses, trucks and pedestrians, the potential for accidents increases. Unlike occupants of passenger vehicles, e-bike and e-scooter riders have little protection in a collision. Even a relatively low-speed crash can result in serious injuries.
Understanding the most common causes of these accidents and knowing what to do afterward can help Milwaukee riders protect their safety and legal rights.
Common Causes of E-Bike and E-Scooter Accidents
E-bike and e-scooter accidents can happen for many reasons. While some crashes involve rider error, others result from negligent drivers, unsafe road conditions or equipment malfunctions.
1. Distracted and Negligent Drivers
One of the biggest dangers facing e-bike and e-scooter riders is sharing the road with inattentive motorists.
Drivers who are texting, adjusting their navigation systems or otherwise distracted may fail to notice a rider traveling nearby. Because e-bikes and e-scooters are smaller than passenger vehicles, they can be especially difficult for drivers to see.
Common examples of driver negligence include:
- Failing to yield: Drivers may turn across a rider's path or fail to yield at an intersection.
- Unsafe lane changes: Motorists may merge into a bike lane without checking for approaching riders.
- Speeding: Excessive speed reduces a driver's ability to react to unexpected situations.
- Dooring accidents: A driver or passenger may open a parked vehicle's door directly into the path of an approaching rider.
- Driving under the influence: Impaired drivers may have difficulty recognizing and responding to riders.
When a negligent driver causes an accident, the injured rider may have grounds to pursue a personal injury claim.
2. Dangerous Road Conditions
Milwaukee's roads can present unique challenges for e-bike and e-scooter riders, particularly during and after Wisconsin's harsh winters.
Potholes, cracked pavement, uneven surfaces and loose gravel can be especially dangerous for devices with smaller wheels. A road defect that a passenger vehicle could easily travel over may cause an e-scooter rider to lose control.
Other common road hazards include:
- Poorly maintained bike lanes.
- Construction debris or improperly marked work zones.
- Missing or damaged traffic signs.
- Inadequate street lighting.
- Standing water, ice or slippery pavement.
- Uneven pavement near intersections and crosswalks.
In some circumstances, a city, municipality, contractor or other responsible party may be liable for injuries caused by dangerous road conditions.
However, claims involving government entities are often more complicated than traditional personal injury cases. Wisconsin law provides certain governmental immunities, and strict notice requirements and deadlines may apply.
If a dangerous road condition contributed to your accident, documenting the hazard immediately can be an important step in protecting your potential claim.
3. Equipment Malfunctions and Defects
Not every e-bike or e-scooter accident involves another vehicle. Sometimes, a crash occurs because the device itself fails.
Potential equipment problems include defective brakes, malfunctioning throttles, battery-related issues, loose handlebars and damaged wheels.
For example, a rider may attempt to slow down at an intersection only to discover that the scooter's braking system is not functioning properly.
Depending on the circumstances, the manufacturer, distributor, maintenance provider or another responsible party may be held accountable for injuries caused by defective equipment.
If you suspect a mechanical problem contributed to your accident, avoid repairing or disposing of the device before speaking with an attorney. Preserving the equipment may help establish what caused the crash.
Who Is Responsible for an E-Bike or E-Scooter Accident?
Determining liability after an e-bike or e-scooter accident depends on the circumstances surrounding the crash.
In some cases, responsibility is relatively straightforward. For example, a driver who runs a red light and strikes an e-bike rider may be held liable for the resulting injuries.
Other accidents involve multiple potentially responsible parties.
A crash caused by a dangerous construction zone could involve a contractor responsible for maintaining the work area. An accident involving a malfunctioning rental scooter could raise questions about equipment maintenance or manufacturing defects.
Wisconsin also follows a modified comparative negligence system. Under this system, an injured person's compensation may be reduced by their percentage of fault. Generally, an injured person cannot recover damages if their negligence is greater than the combined negligence of the parties against whom recovery is sought.
For example, if a rider is found 20% responsible for an accident and their damages total $100,000, their recovery may be reduced to $80,000.
Because liability can be complicated, consulting an experienced personal injury attorney can help injured riders better understand their rights.
Understanding E-Bike and E-Scooter Laws in Milwaukee
Before riding an e-bike or e-scooter, it is important to understand the rules governing their operation.
Wisconsin law generally recognizes three classes of electric bicycles, which are distinguished by their motor assistance, speed capabilities and whether they include a throttle.
E-scooters are regulated differently from e-bikes, and additional local restrictions may apply to where and how they can be operated.
Depending on the type of device and location, riders may be subject to rules involving traffic signals, bike lanes, sidewalks, speed limits and other safety requirements.
Riders should also remember that traffic laws are designed to protect everyone sharing the road. Motorists must remain alert for cyclists and scooter riders, while riders must follow applicable traffic regulations.
Violating a traffic law does not automatically determine who is responsible for an accident. However, evidence of a violation may play a role in establishing negligence.
Insurance Coverage After an E-Bike or E-Scooter Accident
One of the most confusing aspects of an e-bike or e-scooter accident is determining which insurance policy may cover the resulting injuries.
Unlike traditional motor vehicles, many e-bikes and e-scooters do not require standard automobile insurance. This can create additional challenges when an injured rider needs compensation.
Several types of insurance coverage may be relevant.
The At-Fault Driver's Auto Insurance
If a negligent motorist causes an accident, the driver's bodily injury liability coverage may provide compensation for the injured rider's damages.
These damages may include medical bills, lost income, pain and suffering, and other losses associated with the crash.
Uninsured and Underinsured Motorist Coverage
If the responsible driver does not have insurance or lacks sufficient coverage, an injured rider may wonder whether their own uninsured or underinsured motorist coverage applies.
Coverage depends on the specific insurance policy, the circumstances of the accident and applicable Wisconsin law.
Because e-bikes and e-scooters may be classified differently under certain policies, injured riders should not assume their claim is automatically covered or excluded.
Homeowners or Renters Insurance
In some situations, homeowners or renters insurance may provide liability coverage for an accident involving an e-bike or e-scooter.
However, these policies frequently contain exclusions involving motorized devices. Coverage may depend on the type of equipment, its capabilities and how it was being used.
Rental E-Scooter Insurance
If an accident involves a rented e-scooter, the rental company's insurance arrangements and user agreement may also be relevant.
Rental agreements can include limitations, exclusions and other provisions that affect potential claims.
An experienced attorney can review the available insurance policies and help determine which sources of compensation may apply.
What to Do After an E-Bike or E-Scooter Accident in Milwaukee
The steps you take immediately following an accident can significantly affect your health and your ability to pursue compensation.
If you are injured while riding an e-bike or e-scooter, consider taking the following steps.
1. Seek Medical Attention
Your health should always be your first priority.
Call 911 if you or anyone else has suffered serious injuries. Even if you feel relatively unharmed, consider seeking prompt medical evaluation.
Some injuries, including concussions, internal injuries and soft tissue damage, may not produce noticeable symptoms immediately.
Seeking medical care also creates documentation connecting your injuries to the accident.
2. Report the Accident
If a motor vehicle is involved, contact law enforcement and report the crash.
A police report may contain important details, including the parties involved, witness information, roadway conditions and the officer's observations.
Be accurate when describing what happened, and avoid speculating about the cause of the accident.
3. Photograph the Accident Scene
If you can safely do so, take photographs and videos before the scene changes.
Important details to document include:
- Damage to your e-bike or e-scooter.
- Visible injuries.
- Vehicle damage and license plates.
- Traffic signals, signs and bike lane markings.
- Potholes, debris or other roadway hazards.
- Weather, lighting and road conditions.
These photographs may become valuable evidence when determining liability.
4. Collect Witness Information
If anyone witnessed the accident, ask for their name and contact information.
Independent witnesses may provide important details about the actions of a driver, the condition of the road or the events leading up to the crash.
Their statements can be particularly helpful when the parties involved disagree about what happened.
5. Preserve Digital Evidence
If you were using a rental e-scooter, save your trip information, rental receipts and any messages received through the company's app.
E-bike riders should also preserve available GPS information, ride tracking data or other electronic records.
Nearby businesses or traffic cameras may have captured the collision. Because video recordings are sometimes deleted or overwritten, it is important to act quickly when attempting to preserve this evidence.
6. Keep Records of Your Medical Treatment
Maintain copies of medical records, bills, prescriptions, physical therapy appointments and other documents related to your injuries.
It may also be helpful to keep a journal describing your pain levels, recovery progress and how your injuries affect your daily activities.
If you miss work because of your injuries, save pay stubs, employer communications and other documentation showing lost income.
7. Contact an Experienced Personal Injury Attorney
Insurance companies may attempt to minimize claims, dispute liability or offer settlements that do not fully account for an injured person's losses.
Before accepting a settlement, consider speaking with a personal injury attorney who can evaluate the circumstances of your accident.
An attorney can help gather evidence, identify potentially responsible parties, review insurance coverage and negotiate with insurers on your behalf.
Common Injuries in E-Bike and E-Scooter Accidents
Because riders have limited physical protection, e-bike and e-scooter accidents can cause significant injuries.
Some of the most common include:
- Traumatic brain injuries and concussions.
- Broken bones and fractures.
- Road rash and serious lacerations.
- Spinal cord and back injuries.
- Shoulder, knee and wrist injuries.
- Facial and dental injuries.
In severe cases, these injuries can require surgery, extensive rehabilitation or long-term medical treatment.
The financial and emotional consequences can extend far beyond the initial accident, making it important to understand the full extent of your injuries before resolving a claim.
Injured in an E-Bike or E-Scooter Accident? Hupy and Abraham Can Help
E-bikes and e-scooters offer Milwaukee residents an exciting and convenient way to get around, but accidents can happen when drivers act negligently, roadways are unsafe or equipment fails.
If you or a loved one has been injured in an e-bike or e-scooter accident, you do not have to navigate the legal process alone.
At Hupy and Abraham, S.C., our experienced personal injury attorneys are dedicated to protecting the rights of injured individuals throughout Wisconsin, Illinois and Iowa. We understand the challenges accident victims face and work to help them pursue the compensation they deserve.
Contact Hupy and Abraham today for a FREE consultation. There are no attorney fees unless we recover compensation for you. Let our team handle the legal process while you focus on your recovery.
Frequently Asked Questions About E-Bike and E-Scooter Accidents
1. Can I file a personal injury claim if a car hits me while riding an e-scooter?
Yes. If a negligent driver causes your accident, you may be eligible to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.
2. Who is responsible if a pothole causes my e-bike accident?
Depending on the circumstances, a municipality, contractor or another responsible party may be liable. However, government immunity and special legal requirements can make these claims more complicated.
3. Does car insurance cover e-bike and e-scooter accidents?
Auto insurance may provide coverage when a motor vehicle is involved, but coverage depends on the policy and circumstances of the crash. An attorney can help identify available insurance benefits.
4. What if I was partially responsible for my e-scooter accident?
Wisconsin's comparative negligence law may still allow you to recover compensation if your share of fault does not exceed the applicable legal threshold. Any compensation awarded may be reduced according to your percentage of responsibility.
5. How long do I have to file an e-bike or e-scooter accident claim in Wisconsin?
Many Wisconsin personal injury claims have a three-year statute of limitations, but shorter deadlines and special notice requirements may apply, particularly when a government entity is involved. Speaking with an attorney promptly can help protect your rights.
