An e-bike rider can suffer devastating injuries when struck by a passenger vehicle, pickup truck, rideshare vehicle, or commercial truck.
Unlike someone inside a motor vehicle, an e-bike rider has little protection against the force of a collision. Even a crash that appears relatively minor can result in fractures, head injuries, spinal trauma, or other serious conditions.
When an e-bike and a car collide in Texas, determining who is responsible requires looking at what each person was doing immediately before the crash.
Texas E-Bike Riders Have Rights on the Road
Electric bicycles are specifically addressed under Texas bicycle laws.
Texas Transportation Code Section 551.002 provides that provisions applicable to bicycles generally apply to electric bicycles as well. Section 551.101 generally gives bicycle operators the same rights and duties applicable to drivers of vehicles, unless a bicycle-specific rule changes that requirement.
In other words, the fact that someone was riding an e-bike does not automatically make that person responsible for a collision.
The circumstances of the crash determine liability.
How Driver Negligence Can Cause an E-Bike Crash
Many e-bike and car accidents occur because a motorist fails to recognize the rider or fails to follow traffic laws.
Examples include:
A Driver Turns Across an E-Bike Rider’s Path
A motorist may turn left across an approaching rider or turn right across a bike lane without adequately checking for cyclists.
A Driver Fails to Yield
Drivers entering intersections, driveways, parking lots, or crosswalks may fail to yield when required.
A Driver Is Distracted
Looking at a phone for only a few seconds can prevent a driver from seeing an e-bike rider approaching an intersection or traveling alongside the vehicle.
A Driver Follows Too Closely
A driver who follows an e-bike rider too closely may not have enough time to react if the rider slows or encounters an obstacle.
A Driver Speeds
Speeding increases stopping distance and can make an otherwise avoidable collision much more severe.
What If the E-Bike Rider Is Partially at Fault?
Texas follows a modified comparative responsibility system.
That means an injured person who shares some responsibility for an accident may still be able to recover damages, depending on the percentage of responsibility assigned to each party. However, Texas law can bar recovery when the claimant is found to be more than 50% responsible for the amount in question.
For that reason, insurance companies may investigate whether the e-bike rider was traveling properly, obeying applicable traffic rules, or otherwise contributed to the crash.
An allegation of partial fault does not necessarily mean the rider has no claim.
Evidence Can Be Critical
Determining responsibility after an e-bike accident may require more than simply comparing the statements of the driver and cyclist.
Useful evidence can include:
- Police reports
- Traffic-camera footage
- Security-camera video
- Dashcam recordings
- Eyewitness statements
- Photographs
- Vehicle damage
- E-bike damage
- Medical records
- Accident reconstruction evidence
The position and damage of the vehicles can sometimes help investigators determine how the collision occurred.
What Compensation May Be Available?
If another person was responsible for your e-bike accident, you may be able to pursue compensation for damages such as:
- Emergency medical treatment
- Hospital bills
- Rehabilitation
- Future medical care
- Lost wages
- Reduced earning capacity
- Physical pain
- Mental anguish
- Other legally recoverable losses
The value of a claim depends on the severity of the injuries, available insurance coverage, liability, and the evidence supporting the damages.
Talk to a Texas E-Bike Accident Lawyer
E-bike accidents involving cars can become complicated when the driver disputes fault or an insurance company attempts to shift responsibility onto the injured rider.
At Hildebrand & Wilson, LLP, we investigate e-bike collisions and work to identify the evidence needed to establish liability and damages.
Our attorneys represent injured riders in Pearland, Houston, Harris County, Brazoria County, Fort Bend County, and surrounding Texas communities.
If you were hit by a vehicle while riding an e-bike, contact Hildebrand & Wilson, LLP to discuss your potential claim.