Scooter and E-Bike Personal Injury Lawyer In New York City

Electric scooters (e-scooters) and electric bikes (e-bikes) are becoming increasingly popular as eco-friendly and efficient transportation options in New York City. However, accidents involving these vehicles can result in serious injuries, raising complex legal questions about liability and compensation. Understanding your legal rights, and having a scooter or e-bike personal injury lawyer, is crucial if you’ve been injured while riding, walking, or driving near an e-bike or e-scooter.

At Koenigsberg & Associates Law Offices, we are dedicated to helping victims of e-bike and e-scooter accidents secure the compensation they deserve. Our experienced legal team is here to guide you through the process and protect your rights.

Common Causes of E-Bike and E-Scooter Accidents

Accidents involving e-bikes and e-scooters can happen for a variety of reasons. These accidents often lead to serious injuries and involve multiple parties, making it essential to understand the common causes and who may be held liable.

Driver Negligence

Vehicle drivers who fail to exercise caution near e-bikes and e-scooters are a leading cause of accidents. Common forms of driver negligence include:

Failure to Yield: Drivers who do not give right-of-way to e-bike or e-scooter riders at intersections or when merging into bike lanes often cause dangerous collisions.
Distracted Driving: Drivers using their phones or engaging in other distractions may fail to notice riders, leading to rear-end or side-impact collisions.
Aggressive Driving: Speeding, tailgating, or weaving through traffic can endanger e-bike and e-scooter riders, who are more vulnerable due to a lack of physical protection.

In these cases, the negligent driver can be held liable for injuries and damages caused to the rider.

Pedestrian Collisions

Accidents involving pedestrians and e-bike or e-scooter riders are another common occurrence, often due to shared spaces and improper use. Key scenarios include:

Improper Sidewalk Use: Riders who illegally use sidewalks or fail to control their devices can strike pedestrians, causing serious injuries.
Pedestrians in Bike Lanes: Pedestrians crossing or walking in bike lanes without paying attention can create hazards for riders, leading to collisions.

Liability in pedestrian collisions often depends on whether the rider or pedestrian failed to follow traffic laws or acted negligently.

Road Hazards

Poorly maintained streets and bike lanes pose significant risks for e-bike and e-scooter riders. Common hazards include:

Potholes and Uneven Pavement: Riders traveling at high speeds can lose control or be thrown from their vehicles when encountering these conditions.
Debris in Bike Lanes: Gravel, trash, or other debris can cause riders to swerve or crash.
Inadequate Signage or Lighting: Poorly marked bike lanes or insufficient lighting can make it difficult for riders to navigate safely.

In cases where road conditions contribute to an accident, the property owner or government entity responsible for maintenance may be held accountable.

Equipment Failures

Mechanical defects in e-bikes and e-scooters can lead to serious accidents, particularly when the rider is unaware of the issue. Examples of equipment failures include:

Faulty Brakes: Malfunctioning brakes can make it impossible for riders to stop in time, leading to collisions.
Battery Malfunctions: Overheating or sudden power loss can cause riders to lose control or be thrown from the vehicle.
Throttle or Steering Issues: Defective throttles or handlebars can cause unintended acceleration or difficulty maneuvering.

When equipment failure is the cause, liability may fall on the manufacturer, distributor, or rental company if negligence or defective design is proven.

Shared Scooter and E-Bike Programs

Shared e-scooter and e-bike programs, such as those offered by Lime or Citi Bike, can also contribute to accidents. These programs are required to maintain their fleets in safe working condition. However, accidents can occur due to:

Poor maintenance of shared devices: Shared e-scooters and e-bikes that are not regularly inspected or repaired can malfunction, leading to accidents.
Failure to provide clear usage instructions: Riders unfamiliar with operating shared devices may make mistakes if proper instructions are not provided, increasing the risk of accidents.
Improper placement of docking stations: Docking stations placed in high-traffic or obstructive areas can create hazards for pedestrians, vehicles, and other road users.

In these cases, the company operating the shared service may share liability for injuries.If you’ve been injured in an e-bike or e-scooter accident, determining the cause is critical to pursuing compensation.

Common Injuries in E-Bike and E-Scooter Accidents

E-bike and e-scooter accidents can lead to a wide range of injuries, from minor scrapes to severe, life-altering trauma. The lack of physical protection for riders makes them particularly vulnerable in collisions with vehicles, pedestrians, or road hazards. Below are some of the most common injuries sustained in these accidents:

Head Injuries

Head injuries are among the most severe and frequent outcomes of e-bike and e-scooter accidents. These can include:

Concussions: A concussion can result from a fall or collision, causing symptoms such as headaches, dizziness, and memory loss.
Traumatic Brain Injuries (TBIs): High-impact collisions can lead to TBIs, which may cause long-term cognitive impairments, motor skill issues, and emotional disturbances.

Wearing a helmet significantly reduces the risk of head injuries, but not all riders comply with helmet requirements, leaving them more vulnerable.

Spinal Cord Injuries

Accidents involving e-bikes and e-scooters can cause damage to the spinal cord, leading to severe consequences such as:

Paralysis: Damage to the spinal cord may result in partial or complete loss of mobility and sensation below the site of injury.
Chronic Pain: Even less severe spinal injuries can lead to persistent back or neck pain, requiring long-term therapy or surgery.

Broken Bones and Fractures

Falls and collisions often result in broken bones or fractures, particularly in the arms, legs, ribs, or collarbones. These injuries may require:

Surgical intervention to realign and stabilize bones: Surgery may be required to properly align and secure fractured bones, ensuring they heal correctly.
Extended rehabilitation to regain strength and mobility: Physical therapy and rehabilitation are often necessary after fractures to restore full movement and muscle strength.

Recovery from fractures can take weeks to months, significantly impacting a victim’s ability to work or perform daily activities.

Internal Injuries

High-impact collisions, such as being struck by a vehicle, can cause serious internal injuries, including:

Damage to vital organs: such as the lungs, liver, or spleen; Injuries to critical organs can impair their function and may require immediate medical intervention.
Internal bleeding: which may not be immediately apparent but can be life-threatening if untreated; Bleeding inside the body can cause severe complications and must be addressed promptly to prevent fatal outcomes.

Prompt medical attention is critical for diagnosing and treating internal injuries to prevent complications or fatal outcomes.

Lacerations, Abrasions, and Soft Tissue Injuries

Riders often sustain cuts, scrapes, and bruises when thrown from their e-bike or e-scooter. These injuries may include:

Lacerations: Deep cuts may require stitches and carry a risk of infection or scarring.
Abrasions: Also known as “road rash,” these injuries occur when the skin scrapes against pavement during a fall.
Soft Tissue Injuries: Sprains, strains, and ligament damage can result from sudden impacts or overextension during an accident.

While some of these injuries may seem minor, they can lead to chronic pain or restricted mobility if not properly treated.

Emotional and Psychological Trauma

Beyond physical harm, victims of e-bike and e-scooter accidents often experience emotional distress. This can include:

Anxiety or fear of riding again: Victims may develop heightened anxiety or avoidance behaviors related to riding e-bikes or e-scooters after an accident.
Post-Traumatic Stress Disorder (PTSD): Severe accidents, particularly those involving fatalities, can lead to PTSD, causing flashbacks, nightmares, and emotional distress.
Depression: due to the lasting impact of injuries on their lifestyle or independence; Long-term injuries may result in feelings of hopelessness and reduced quality of life, leading to clinical depression.

Emotional trauma can require therapy or counseling to address, and victims may be entitled to compensation for these non-economic damages.

If you or a loved one has suffered injuries in an e-bike or e-scooter accident, seeking immediate medical attention and legal advice is crucial. At Koenigsberg & Associates Law Offices, we are here to help you pursue compensation for your medical expenses, lost wages, and emotional suffering.

Your Legal Rights

Victims of e-bike and e-scooter accidents have legal rights to pursue compensation for their injuries and related losses. These rights depend on the specific circumstances of the accident, including who was at fault and the nature of the injuries sustained. Below are the types of damages you may be able to recover.

Medical Expenses

Medical expenses are often the most immediate concern following an accident. Compensation may cover:

Emergency Care: Costs for ambulance rides, ER visits, and initial diagnostic tests such as X-rays, MRIs, or CT scans.
Surgical Procedures: Expenses for any surgeries required to treat injuries, such as setting fractures, repairing internal damage, or addressing spinal injuries.
Rehabilitation: Ongoing physical therapy or occupational therapy to regain mobility and strength after injuries.
Medications: Costs for pain management drugs, antibiotics, or long-term prescriptions needed for recovery.
Long-Term Treatment: Compensation for extended hospital stays, follow-up appointments, or assistive devices like wheelchairs or prosthetics.

Medical costs can quickly add up, making this category of damages essential for covering both immediate and future healthcare needs.

Lost Wages

If your injuries prevent you from working, you may be entitled to compensation for the income you lost during your recovery. This includes:

Missed Earnings: Reimbursement for wages lost due to time off work for recovery or medical appointments.
Diminished Earning Capacity: In cases where your injuries result in a long-term disability, you may also recover damages for reduced ability to work or earn income in the future.
Vocational Training Costs: If your injuries prevent you from returning to your previous job, you may be compensated for the cost of training or education for a new career.

Compensation for lost wages ensures that victims and their families can maintain financial stability during a difficult time.

Pain and Suffering

Beyond financial losses, victims often experience significant physical and emotional hardship due to their injuries. Damages for pain and suffering may include:

Physical Pain: Compensation for chronic pain or discomfort caused by injuries, such as spinal damage, fractures, or nerve injuries.
Emotional Distress: Damages for psychological trauma, including anxiety, depression, or PTSD resulting from the accident.
Loss of Enjoyment of Life: Compensation for reduced ability to enjoy hobbies, activities, or everyday tasks that the victim previously valued.

These non-economic damages are harder to quantify but are critical to addressing the full impact of an accident on a victim’s quality of life.

Property Damage

Accidents often result in damage to personal belongings, and victims may recover the cost of repairing or replacing these items. Examples include:

E-Bike or E-Scooter: Costs for repairs or replacement if your device was damaged in the accident.
Electronics: Compensation for phones, laptops, or other devices that were damaged during the collision.
Clothing or Accessories: Reimbursement for damaged personal items, such as helmets, glasses, or bags.

While property damage may represent a smaller portion of the claim, it ensures victims are not left bearing these costs.

Determining Liability in E-Bike and E-Scooter Accidents

Identifying the responsible party is one of the most critical aspects of pursuing a personal injury claim following an e-bike or e-scooter accident. Liability often depends on the specific circumstances of the accident and the parties involved. Below is a detailed explanation of potentially liable parties.

Negligent Drivers

Drivers of cars, trucks, or other motor vehicles are frequently at fault in e-bike and e-scooter accidents due to negligent or reckless behavior. Examples include:

Distracted Driving: Drivers who are texting, using a GPS, or otherwise distracted may fail to notice riders in bike lanes or crossing the street.
Failure to Yield: Many accidents occur when drivers fail to yield at intersections, stop signs, or while making turns, resulting in collisions with riders.
Speeding: High-speed driving reduces reaction times and increases the severity of injuries in collisions involving vulnerable riders.
Driving Under the Influence: Drivers impaired by alcohol or drugs are a major risk to e-bike and e-scooter riders and may face both civil and criminal liability.

In these cases, the driver’s auto insurance typically covers damages, but a lawyer may need to establish fault through accident reports, witness statements, and video evidence.

Riders

E-bike and e-scooter riders can also be held liable if their own negligence causes an accident. Examples include:

Improper Use: Riding on sidewalks or failing to follow traffic laws can lead to collisions with pedestrians, vehicles, or other riders.
Reckless Behavior: Speeding, weaving through traffic, or riding without adequate control may result in accidents and injuries.
Failure to Yield: Riders who ignore traffic signals or fail to yield to pedestrians may cause accidents and be held liable for resulting injuries.

If a rider is found at fault, they may be personally liable for damages, as e-bikes and e-scooters are not typically covered under traditional auto insurance policies.

Property Owners and Government Entities

Poorly maintained roads, bike lanes, or sidewalks can contribute to e-bike and e-scooter accidents. Liability in these cases may fall on:

Private Property Owners: If an accident occurs on private property due to unsafe conditions, such as broken pavement or debris, the property owner may be held liable.
Government Entities: The city or state responsible for maintaining public roads and bike lanes may share liability if hazards like potholes, uneven pavement, or lack of proper signage contributed to the accident.

Claims against government entities have stricter requirements, including filing a Notice of Claim within 90 days and initiating a lawsuit within one year and 90 days.

Manufacturers

Defective e-bikes, e-scooters, or their components can cause accidents, making the manufacturer or distributor potentially liable under product liability laws. Common defects include:

Faulty Brakes: Brake malfunctions can prevent riders from stopping in time, leading to crashes.
Battery Issues: Exploding or overheating batteries can cause burns or sudden loss of power, resulting in accidents.
Structural Defects: Weak frames, loose handlebars, or defective wheels may cause the rider to lose control.

In these cases, the manufacturer, retailer, or shared e-bike/scooter provider may be held accountable for the defective product.

Proving Liability

Proving liability often requires a thorough investigation into the accident. Evidence such as accident reports, surveillance footage, witness statements, and expert analysis can be crucial in establishing fault. An experienced personal injury lawyer can help identify all liable parties and build a strong case to maximize compensation.

Time Limits for Filing a Claim

It’s important to act quickly after an e-bike or e-scooter accident. New York’s statute of limitations for personal injury claims is typically three years from the date of the accident. However, if the claim involves government property, you must file a Notice of Claim within 90 days and initiate the lawsuit within one year and 90 days.

How Koenigsberg & Associates Can Help

At Koenigsberg & Associates Law Offices, we specialize in navigating the complexities of e-bike and e-scooter injury cases. These claims often involve multiple parties, conflicting accounts, and challenging legal questions. Our experienced attorneys are dedicated to securing the compensation you deserve through a combination of thorough investigation, strategic negotiation, and skilled representation.

Investigating the Accident

A successful case begins with a detailed investigation into the circumstances of your accident. Our team will visit the accident site to assess road conditions, traffic patterns, and potential visibility issues. We carefully review police reports and any available surveillance footage to reconstruct the events leading up to the collision. When needed, we consult with accident reconstruction experts to identify how the crash occurred and determine who is at fault. This meticulous approach ensures that every relevant factor is uncovered and used to strengthen your case.

Gathering Evidence

Evidence is the cornerstone of any personal injury claim. We work diligently to collect and preserve critical evidence that supports your claim. This includes photographs of the accident scene, vehicle damage, road hazards, and your injuries to document the impact of the incident. Witness statements from bystanders, passengers, or others involved provide additional support by corroborating your version of events. In cases involving shared e-bikes or e-scooters, we examine maintenance records to determine whether the device was properly maintained. Your medical records also play a key role in demonstrating the extent of your injuries and their lasting effects.

Negotiating with Insurance Companies

Negotiating with insurance companies can be a daunting task, as insurers often aim to minimize payouts or deny claims altogether. We handle all communication with the insurance company, ensuring that your statements are not used against you. By presenting a well-supported case, we demonstrate the full extent of your injuries and the damages you have suffered. Our attorneys negotiate aggressively to secure a settlement that fairly compensates you for medical expenses, lost wages, pain and suffering, and other losses. With us managing these negotiations, you can focus on your recovery with peace of mind.

Representing You in Court

While many cases are resolved through settlements, some require litigation to achieve justice. If a fair settlement cannot be reached, we are prepared to take your case to court. We handle all aspects of the litigation process, including filing the lawsuit, managing pre-trial motions, and presenting your case before a judge or jury. Using expert testimony and evidence, we advocate for maximum compensation on your behalf. Our trial experience ensures that your case is presented effectively and that your rights are fully protected throughout the process.

Providing Personalized Support

At Koenigsberg & Associates, we understand that an e-bike or e-scooter accident can have life-altering consequences. We are committed to treating every client with compassion and respect. From the moment you contact us, we provide clear communication and regular updates about the progress of your case. Our team is here to answer your questions, address your concerns, and guide you through every step of the legal process. We take pride in delivering personalized legal representation tailored to your unique needs.

Contact Koenigsberg & Associates Law Offices Today

If you’ve been injured in an e-bike or e-scooter accident, don’t wait to take action. You don’t have to face the aftermath alone. Let our experienced team at Koenigsberg & Associates Law Offices help. We understand the complexities of personal injury cases and are dedicated to fighting for the justice you deserve. 

Call us at (718) 690-3132 or fill out our online contact form to schedule a free consultation. Take the first step toward justice and recovery today.