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What people with (souped-up) e-bikes need to know

More and more often I see people riding around on electric bikes. It is no longer the elderly who need just that extra bit of encouragement during their ride through the woods to keep it fun. No, against all expectations the electric bicycle has become hip and it is mainly young people who whizz past me. I understand, because fast is chill, but the risks involved are not. A accident on an electric bike leads to double the amount of multiple injuries, e-bikers are in the hospital longer after an accident and more likely to suffer skull injuries compared to a cyclist riding without an auxiliary motor.[1]

I regularly see the consequences of suffering skull or brain injury in my work. Examples of physical consequences include partial paralysis, loss of muscle strength, incontinence, epilepsy, physical pain and cognitive impairment. When you are affected by these, your life can be severely disrupted. For example, you may not be able to work at all, much less, or at your former level for the rest of your life. So not only the health damage, but also the financial consequence of a bicycle accident can be great. In this blog, I explain the normal situation regarding possible compensation after a bicycle accident for ‘regular’ cyclists and for e-bikers. I also pay special attention to the risks of riding a souped-up e-bike.

What about compensation after a bicycle accident?

If you are in a bicycle accident involving another road user, you could try to hold them liable for your personal injury. In terms of the amount of compensation, if you, as a ‘weak road user’ (driver of non-motorized vehicle), are involved in an accident with a ‘strong road user’ (driver of motorized vehicle), it can be an advantage to some extent. Indeed, in most cases, as a weak road user, you will be compensated for at least 50% of the damages. This is also known as the equity correction. It applies even if you yourself are guilty of causing the accident. Are you under the age of 14? Then in most cases you will even be compensated 100% of the damages.

What about compensation for e-bikers?

If you are involved in an accident with a ‘strong road user’ and you were riding an electric bike yourself, the issue of compensation depends on several aspects. If your electric bicycle does not go faster than 25 mph, you are considered a regular cyclist and the equity adjustment applies to you as well. If you have an electric bike that can go faster than 25 mph, such as a speed pedelec, you are considered a ‘moped rider. For those cyclists, the same rules apply as for moped riders. For example, you must have a yellow license plate, wear a helmet and have third-party insurance. You are then considered a strong road user and the equity correction does not apply to you.

What about souped-up e-bikes?

It does not seem to be difficult to boost an e-bike. Riding a souped-up e-bike is illegal and I would advise against it for that reason alone. It carries high fines: €290 for the first two offenses. In addition, you are therefore more likely to get into an accident and suffer more serious (brain) injuries. If that happens, the financial consequences can be great. I explain this through a case study.

Harry is 16 and riding his souped-up fatbike at a busy intersection, where there are shark teeth in the middle. Harry should actually stop there. A car approaches from the right. Harry thinks he can pass the car quickly, pushes the throttle, but is hit by the car. Harry suffers severe brain damage from the accident and is rejected for 70% as a result. Clearly, Harry is guilty of causing the accident. Had he not souped up his fatbike, he could nevertheless be compensated for at least 50% of his damages because he could have invoked the fairness adjustment. Now that Harry has souped up his fatbike, he is considered a moped rider before the law. Harry must bear his own damages, the premise of our liability law.

Fortunately, legislators on all sides are working hard to reduce the risks of riding (souped-up) e-bikes, especially for young people. I hope it will soon become safer on the roads again.

If you have questions about this blog, please contact the author, Maura van de Velde.

 

[1] Dutch Journal of Medicine (2017), ‘E-bikers more often seriously injured after bicycle accident’.