Driving, cycling, and walking on Long Island have changed dramatically over the last few years with the arrival of electric bicycles (e-bikes) and electric scooters (e-scooters). These devices offer convenient, low-cost transportation, but they also introduce new risks and significant confusion into our traffic laws, especially in high-traffic areas across Nassau and Suffolk counties.
Accidents involving e-bikes and e-scooters are on the rise nationwide, leading to a surge in severe injuries. At The Raimondo Law Firm, we’ve seen how quickly these accidents occur and how complex the resulting personal injury cases can be.
If you ride or walk on Long Island, understanding the legal landscape is essential. Here is a breakdown of the key legal and safety issues surrounding e-bikes and e-scooters in our community.
1. The Legal Gray Area: Where Can You Ride?
New York State law permits the use of e-scooters and e-bikes on certain roads, but the rules are far from uniform, especially on Long Island where local municipalities have extensive power to regulate them.
- Speed Limits Apply: Generally, e-bikes and e-scooters are permitted on streets and highways with a posted speed limit of 30 MPH or less.
- Sidewalks are Off-Limits: State law prohibits the operation of these devices on sidewalks, unless explicitly authorized by a local ordinance. Riding on a sidewalk is not only illegal but increases the risk of colliding with pedestrians.
- No Registration or Standard Insurance: Unlike motorcycles, e-bikes and e-scooters cannot be registered with the DMV and riders are not required to carry standard auto insurance. This is the key “gray area” that complicates injury claims, as your standard Personal Injury Protection (PIP) insurance from your car often won’t cover you while riding one.
2. Liability: Proving Fault in an Accident
When an accident occurs involving an e-bike or e-scooter, determining liability is crucial for recovering compensation.
Who Can Be Held Liable?
- Negligent Drivers: If a car, truck, or motorcycle driver collides with an e-rider by failing to yield, speeding, or driving distractedly, the driver’s auto liability insurance is the primary source of compensation.
- Negligent Riders: If an e-rider causes an accident due to reckless riding, the injured party must pursue the e-rider directly or rely on the e-rider’s available insurance coverage, if any, through a homeowner’s or umbrella liability policy.
- Rental Companies/Manufacturers: In cases where the accident was caused by a rented e-bike or e-scooter mechanical failure, such as brake failure or a defective battery, the rental company or product manufacturer may be held liable.
- Government Entities: If an accident is caused by a pothole, dangerous road condition, or poorly maintained the local municipality may be liable if they had prior written notice of the dangerous condition and failed to remedy that condition timely. Claims against the government carry extremely strict, short deadlines, and require a Notice of Claim within 30, 60 or 90 days.
3. Helmet Laws and Safety (It’s More Than Just a Recommendation)
While state law mandates helmets for all riders aged 16 and 17, and for riders of certain high-speed (Class 3) e-bikes, Suffolk County has gone further.
- Suffolk County Helmet Law: All individuals operating a bicycle with electric assist and all individuals aged 18 or older operating an electric scooter in Suffolk County are required to wear a protective helmet.
- The Law and Your Claim: While failing to wear a helmet is a violation, New York law generally holds that this failure does not automatically constitute contributory negligence or assumption of risk. However, insurance companies will almost certainly argue that lack of a helmet contributed to the severity of a head injury. Always wear a helmet to protect your brain and your claim.
The rapid adoption of e-mobility on Long Island means the roads are getting faster and the legal landscape is still catching up. If you have been injured while riding an e-bike or e-scooter, or if you were struck by one, you need a law firm that understands this emerging field of personal injury law.
The Raimondo Law Firm is prepared to investigate your accident, navigate the complex liability issues, and fight to secure the maximum compensation you deserve.
If you’ve been injured on Long Island, don’t go it alone. To learn more about your legal rights and options, contact The Raimondo Law Firm today at (631) 460-5472 or fill out our online form.
