Bike to the future: e-bikes and what you need to know

The ever-popular ecofriendly alternative on two wheels, e-bikes have become a common sight on metropolitan roads. Whether it be dinner on the way with a food delivery driver or a flock of professionals on the urban commute, e-bikes have proven themselves to be more than just a fad.  

Are e-bikes safe? 

As e-bikes rise in popularity, we see an unfortunate rise in accidents involving them. Alarmingly, St Vincent’s e-bike studies have revealed that over 500 e-bike riders wound up in emergency rooms between 2022 and 2023.  

Not only have they become a popular option during the work week, but they are also becoming the ride of choice when people leave the pub. E-bikes can reach higher speeds than normal bikes. That, combined with them being heavier than normal bikes, can mean they are difficult to manoeuvre. When someone under the influence becomes involved, it increases the risk of severe accidents.  

While not all incidents happen this way, e-bike riders are also expected to follow the same road rules as other vehicles, this includes riding under the influence. In most states e-bikes are also not permitted to be ridden on footpaths, with the exception of Queensland. This exposure to the road leaves even the sharpest riders vulnerable to being hit by cars or other vehicles, and e-bikes themselves offer limited protection.  

What are the common rules and regulations for e-bikes? 

What should you do if you are hit by a car when riding an e-bike? 

If you are riding an e-bike and hit by a car, you should: 

1. Seek medical attention and if an emergency, call Triple 0. 
2. Report the accident to the police. 
3. Record the driver’s name and contact details including the registration of their car. 
4. If you are able to, get the names and contact details of any witnesses. 
5. If possible, take photos of the vehicle, your bike and scene of the accident.  

What about damage to my e-bike? 

As a result of a clash with a vehicle there may be damage caused to your e-bike. Damage may be able to be recouped from the driver of the car or their insurer. 

This would be done through a property damage claim and can only be recouped if it is deemed that the driver is at fault of the accident.  

What if I wasn’t wearing a helmet? 

While personal safety is important to maintain while riding your e-bike, you may be able to bring a claim even if you weren’t wearing a helmet. However, it may reduce the amount of compensation you receive if your injuries were worsened because you were not wearing a helmet.  

In some cases, medical evidence could be required to determine whether the injuries were worsened by not wearing a helmet.  

Do you have any legal rights if I am injured? 

In Queensland, you may be eligible for a Compulsory Third Party (CTP) claim. If in circumstances where you suffer injuries, and the accident was the fault of the driver of the car you are likely to be able to bring a CTP claim against the driver’s insurance. At Maurice Blackburn we have lawyers who are experts in accidents involving cars and e-bikes. 

In some cases, there may be a dispute about who was at fault, it’s important to understand who caused the accident early on. Our team will often investigate available witness statements and CCTV footage to help determine this.  

We’re here to help 

If you are injured on an e-bike as a result of someone else’s negligence, you may be eligible for compensation. There are strict time limits for these types of claims, so it’s important to seek legal advice as soon as possible. Contact us to speak with one of our experienced personal injury lawyers about your entitlements.