Every day we see more and more e-bikes and more and more electric scooters zipping in and out of roads, in bike paths, and on sidewalks. Unfortunately every day there are accidents involving both electric bikes and electric scooters. Collisions between scooters and cars and between e-bikes and cars often result in serious injuries, including fractures and concussions. A trauma surgeon has said he is seeing more and more serious injuries from e-bikes and scooters every day. We have experience and success in pursuing these cases for folks injured by the negligence of others.
Injuries to E-Bike and E-Scooter Riders
E-bike riders and e-scooter riders are basically treated the same under Florida law, so the following information for e-bike riders generally will also apply to e-scooter riders.
Under Florida Statute § 316.20655, an electric bicycle and its rider get all the rights and privileges of a bicycle and its rider. The statute says an e-bike is a vehicle to the same extent a bicycle is. An e-bike operator is not required to have a license, a registration, a title, or insurance on the e-bike.
Unfortunately, sometimes motor vehicle drivers are not paying 100% attention to the road ahead and they fail to see the e-bike rider. We’ve had cases where drivers who are attempting a right turn will look to their left for oncoming cars, but fail to look to the right to see an e-bike rider coming towards them on the sidewalk. Hedges, a parked vehicle, or another obstruction may also block the vehicle driver’s view of an oncoming e-bike or scooter rider. The rider could be coming from the right at 20 miles an hour and once the vehicle driver pulls out in front of the oncoming e-bike or e-scooter driver there is no time for either of them to avoid the crash. We described this same scenario on our bicycle accident page years ago, and e-bikes and e-scooters have made it worse, because the closing speed is higher and the impact of the crash is greater.
In car versus e-bike or e-scooter rider…the rider often suffers lifelong injuries.
Unfortunately, head injuries and brain concussions often result from motor vehicle versus e-rider crashes. These devices carry riders faster and most riders don’t wear helmets. When a rider’s head hits the pavement, the brain bounces back and forth inside the skull. Concussions can result in a permanent brain injury. Emergency room C-scans are looking for fractures and often miss evaluating a concussion injury. Other frequent injuries include facial injuries, dental fractures, broken wrists and forearms, fractured collarbones, ankle and leg fractures, spinal injuries, road rash deep enough to need grafting, internal injuries, nerve damage, and possible amputations. And in the worst cases, families may suffer the wrongful death of a family member.
Florida legislation only requires helmets for riders under sixteen. Not wearing one does not end an adult’s claim. But the insurance company will bring it up, every time, and it has to be answered the right way.
Pursuing Fair Compensation
When an e-bike or e-scooter rider suffers an injury caused by a negligent motor vehicle driver, the injured e-bike operator can pursue injury claims against the insurance covering that motor vehicle driver and motor vehicle owner. But, Florida law can be confusing….If the e-bike or e-scooter rider has auto insurance, or lives with a relative who has auto insurance, that auto insurance is obligated to pay the first $10,000 of the e-bike or scooter rider’s medical bills, whether or not the e-bike or scooter rider was at fault in any way. There are other rules and laws controlling the e-bike or scooter rider receiving fair compensation for the injuries caused by someone else’s negligence. That is why you need an attorney experienced in pursuing the rider’s claims.
When it comes to obtaining fair compensation from insurance adjusters, you can expect the adjusters will try to “adjust” your claim first by claiming you were somehow at fault for both the accident and your injuries. I have been practicing law for many years and once had an adjuster tell me that “adjusting” a claim means minimizing what should be paid on a claim.
E-bike and scooter riders are required to follow the rules of the road (and sidewalks) when riding on an e-bike or scooter. Different cities and counties may have different ordinances cyclists and scooter riders are required to follow, including riding with the flow of traffic, riding an e-bike at night with a light, and rules concerning riding on sidewalks in certain areas. Adjusters minimizing an injured rider’s claim will also argue the rider should have worn a helmet and safety equipment. Riders should never wear headphones or ear buds that affect the rider’s hearing.
Injuries Caused By E-Bike or E-Scooter Operators
What happens when it‘s the e-bike or e-scooter rider’s fault for causing an injury to someone?
Most folks assume Homeowner’s insurance only covers injuries and damages that occur at the home that is insured. Even some lawyers do not realize that Homeowners insurance may be responsible for paying compensation for someone who suffers injuries caused by a negligent e-bike or scooter driver. If an e-bike or scooter driver caused an injury to someone the Homeowners insurance where the rider lives may pay compensation for the injuries the rider caused. We’ve helped many folks recover compensation from Homeowners insurance policies when bicyclists, e-bike riders, scooter riders, and golf cart operators cause injuries to someone.
What to Do After an Accident
Call the police and get a report written even if the driver wants to sort it out privately.
If possible, photograph the vehicle, its position, your bike or scooter, the roadway, the sight lines, and your injuries as they develop over the following days. Get names and numbers from witnesses before they leave, and note which businesses have cameras pointed at the street — that footage is often gone within a week.
See a doctor ASAP. Your health comes first. Florida law requires you to obtain evaluation or treatment of your injuries within the first 14 days for the auto insurance covering your first $10,000 in medical bills to pay anything.
Don’t give a recorded statement to any adjuster before you’ve talked to an attorney. And call us. The sooner we can gather all evidence, witness statements, and help you with your injuries the better.
Why People Call Us
Over three decades, Glenn Klausman has recovered millions of dollars for injured people and for families who lost someone. He has the highest rating available by Martindale-Hubbell, who rates attorneys by doing peer review surveys. Glenn Klausman is a member of the Multi-Million Dollar Advocates organization, having obtained multiple recoveries for clients in excess of two million dollars.
He been selected by the peer reviewed Super Lawyers fifteen years running, and has been recognized by the Best Lawyers publication by US News & World Report, and also by peer reviewed Florida Trend magazine as a “Legal Elite.”
Peer reviewed recognition is by other attorneys, and even by judges. It is recognition that is earned and cannot be bought by paying a fee to some organization.
The part clients actually mention, though, is simpler. From the first meeting to the last, your case is handled by a skilled an attorney. Not a case manager, not a paralegal with a script. Our office is not a mill practice that handles hundreds and hundreds of cases a year. We handle each case as if our client were family. We’ll help you find doctors experienced in helping folks with your type of injuries.
We handle e-bike and scooter injury claims throughout central and Florida, including in Winter Park, Orlando, Maitland, Baldwin Park, College Park, Casselberry, Altamonte Springs, Oviedo, and throughout Orange County, Seminole County, Brevard County, Osceola County, Volusia County, Lake County, and Sumter County. We represent folks on injury claims throughout central and north Florda. If a potential case is out of our geographic area we can make a referral for you to a qualified attorney to help pursue your claim.
No recovery. No fee. No costs.
Call 407-917-1718 to talk with attorney Glenn Klausman. We are available 24 hours a day, the consultation is free and confidential.
Klausman Law · 1685 Lee Road, Suite 110-A, Winter Park, FL 32789
Questions We Get
Do I need insurance to ride an e-bike or scooter in Florida?
No. Florida specifically exempts e-bikes and micromobility devices from registration, licensing, and insurance requirements. That doesn’t leave you uncovered if you’re hurt — it just means the coverage lives in other policies, and someone has to go find it.
Who pays my medical bills after an e-bike or scooter accident?
Usually a combination: the at-fault driver’s liability coverage, auto insurance that covers the e-bike rider’s household, uninsured motorist coverage, and your health insurance after the household auto insurance payment of $10,000 is exhausted. Which ones apply depends on the policies and the facts. Whatever the answer turns out to be, get treated within 14 days or you lose the requirement for payment by auto insurance.
I wasn’t wearing a helmet. Does that sink my case?
No. Florida only requires helmets under age 16, and going without one doesn’t bar an adult’s claim. The insurer will absolutely argue it should reduce what you recover. That argument can be answered.
My son was hurt riding to school. What’s different about a claim for a minor?
Quite a bit, procedurally — certain settlements for minors need court approval, and there are rules about how the money is held. With as many students riding to school as there are now, these are some of the most common calls we get. Please call before you talk to any adjuster.
I was on the sidewalk. Was it my fault? Why shouldn’t I tell my story to the adjuster?
Not automatically. Florida generally allows sidewalk riding, but cities can restrict it. What controls is the rule that was in effect on that street on that day. And even a violation doesn’t end your claim, because Florida allows for determining the amount of compensation for your injuries by comparing your percentage of fault to the percentage of fault of the vehicle driver for causing the crash.
Remember, insurance adjusters will always try to minimize you receiving fair compensation…that’s how they are trained and that’s what they are paid to do.
Hopefully, you can see why it’s so important to contact an attorney skilled at handling these cases before speaking with the insurance adjuster.