E-bike accidents and injuries are surging across Colorado, particularly in the Denver Metro area and resorts like Aspen. Recent data from Children’s Hospital Colorado reveals a dramatic 184 percent increase in e-bike-related traumatic injuries, with a particularly alarming spike in crashes involving children, teens, and young riders.
It is clear that e-bike accidents are rising, and a skilled attorney could help. So, what do riders and drivers need to know? Stick with us at The Wilhite Law Firm as we delve into this important topic for your information.
You Need to Understand Colorado’s Biking Laws
E-bike riders in Colorado are at serious risk of traumatic injuries. Because e-bikes are legally classified as bicycles, rather than motor vehicles, riders must navigate a unique set of laws regarding liability, insurance, and the “Safety Stop” traffic rules. Under House Bill 22-1028, riders are legally allowed to yield at stop signs (as opposed to fully stopping) and treat red lights like stop signs.
Are Bike Helmets Required in Colorado?
Yes. Riders under the age of 18 are legally required to wear a helmet if riding a Class 3 e-bike. However, medical experts highly recommend helmets and additional safety gear for all riders, regardless of age. This diligence is due to the higher speeds and weight of e-bikes that can lead to catastrophic injuries in an accident. The different classes of e-bikes in Colorado include:
- Class One: Pedal-assist (travels up to 20 mph)
- Class Two: Throttle-powered (travels up to 20 mph)
- Class Three: Pedal-assist (travels up to 28 mph)
How Is Fault Determined in an E-Bike Accident?
Because e-bikes don’t require registration or insurance, determining fault after an accident with a car could be a gray area. Let us look a bit closer at the relevant factors, including:
- Liability: If a rider is hit by a negligent driver, they can pursue an injury claim for medical bills, lost income, and bike replacement.
- Comparative Negligence: Colorado follows a modified comparative negligence doctrine. This means a rider can still recover damages as long as they are less than 50 percent responsible for the crash.
- Uninsured Motorists: If an uninsured e-bike rider hits a car, the driver’s Uninsured Motorist (UM) coverage is typically their primary protection.
Talk With Us About Your E-Bike Accident
It is clear that e-bike accidents are on the rise in Colorado, and if you are a cyclist or a motorist, you need to know what to do to prevent a collision. If you were injured in a crash, we help people like you nationwide.
Connect with the savvy legal team at The Wilhite Law Firm for help filing and managing your insurance claim. If the adjuster comes back with a lowball offer, we would fight for your right to a fair settlement under state law. Set up your free consultation today and get your e-bike accident questions answered the right way.
