Navigating Charleston E-Bike Risks and Accident Claims

E-bikes, or electric bicycles, combine traditional pedal power with an electric motor, offering riders an innovative mode of transportation that can navigate city streets and rural paths. The convenience and popularity of e-bikes come with increased risks. Their higher speeds, combined with the potential for rider inexperience and the complexities of road sharing, escalate the likelihood of accidents. Accidents often lead to complex legal claims due to the involvement of various factors such as road conditions, rider behavior, and vehicle interaction. Navigating these cases requires an experienced Charleston e-bike accident attorney who understands the specific challenges of e-bike accidents and can effectively advocate for the rights and compensation of those injured.

E-Bike Accident Trends in South Carolina

The surge in e-bike usage has spotlighted a rise in related injuries, especially brain injuries, revealing the need for heightened safety and legal awareness. Data indicates a significant increase in e-bike accidents, with a notable decline in helmet use correlating with an uptick in head injuries. Research published in JAMA Surgery shows a 49-fold increase in e-bike-related head trauma cases from 2017 to 2022. Specifically, data shows helmet usage declined nearly 6% yearly from 2017 to 2022. Further, head trauma cases in e-bike riders escalated to almost 8,000 in 2022.

In South Carolina, E-bikes may fall under the following classifications:

Class 1, which are bikes with motors that help riders as they are pedaling. The bike has an electric motor with no more than 750 watts and a max speed of 20 mph. 

Class 2, includes bikes with a throttle, which is usually a button or twist-and-turn knob that allows riders to maneuver the bike without pedaling for up to 20 mph. However, bikes with a throttle can reach a max speed of 28 mph. 

Class 3, are bikes with pedal assistance and no throttle, and reach a max speed of 28 mph.  

Common Types of Injuries in E-Bike Accidents

The speed and mobility of e-bikes can result in severe impacts during accidents, causing various types of brain injuries. E-bikes can travel between 15 and 28 miles per hour. Understanding these injuries is crucial for victims seeking legal recourse and compensation.

Traumatic Brain Injuries (TBI)

A Traumatic Brain Injury (TBI) from an e-bike accident is a serious medical condition resulting from the force of impact during a crash, where the brain is jolted or hits the skull. This can cause bruising, tissue damage, and bleeding, leading to symptoms like headaches, confusion, memory loss, and, in severe cases, permanent cognitive or physical impairments. Due to higher speeds and exposure, E-bike riders are particularly at risk for TBIs if they collide with vehicles or stationary objects. Also, concussions typically involve the temporary loss of brain function, leading to headaches, dizziness, and memory issues.

Fractures & Contusions

A strong impact can crack or break a bone. According to the United States Consumer Product Safety Commission, the most common injuries include fractures and contusions. This can include injuries to the lower and upper limbs. A contusion, often referred to as a brain bruise, is a type of TBI where blood vessels in the brain are damaged due to a direct impact on the head. This injury causes bleeding and swelling in the brain tissue, leading to various symptoms that can vary in severity. Symptoms include headaches, confusion, dizziness, and, in more severe cases, loss of consciousness, seizures, or lasting cognitive impairment. Contusions can affect brain function and require a medical evaluation to determine the extent of the injury and appropriate treatment.

Diffuse Axonal Injuries

Diffuse axonal injury (DAI) is a form of traumatic brain injury that occurs when the brain rapidly shifts inside the skull as a result of a sudden acceleration or deceleration, such as in a car crash or during a high-speed fall. This movement can cause tearing of the brain’s long connecting nerve fibers (axons), which are responsible for transmitting messages between neurons. DAI can lead to widespread brain damage, disrupting neural communication and function. 

Other Injuries

Although head injuries are most likely to occur after falling off of an e-bike, other injuries can include breaking a leg, knee cap, foot, arm, or wrist. In one study, 10% of e-bike riders experienced a single trauma lower extremity. The study also revealed that the top two soft tissue injuries from e-bike accidents were the knees and hips.

South Carolina law allows for a three-year statute of limitations for personal injury claims, emphasizing the need for timely legal action. By understanding the types of brain injuries that can occur and the legal frameworks in place, injury victims can better navigate their path to recovery and justice.

Who Is Liable for an E-Bike Accident?

Determining liability in an e-bike accident involves understanding who or what caused the incident. Charleston, South Carolina, enforces stringent laws for e-scooters, e-bikes, and bicycles. Motorized scooters and e-scooters are prohibited from being ridden on roads designed for vehicular traffic or sidewalks (Sec. 19-123). Additionally, the city bans renting or offering motor scooters for use on public right-of-ways, impacting E-bike companies. Bicyclists must ride on roads or bike lanes and are restricted from sidewalks unless they are children under twelve or if the adjacent road has a speed limit of 35 mph or more. They must follow all traffic laws and control devices and park bikes securely on bike racks, avoiding locations that could cause obstructions. Knowing and following these local laws is essential for everyone’s safety. Understanding who is liable in an e-bike accident requires thoroughly investigating the incident’s circumstances.

Have You Been Seriously Hurt in an E-Bike Accident?

If you were recently injured while riding an E-bike, you are far from the only one. E-bikes, while convenient and environmentally friendly, pose several risks–especially when being operated around other vehicles. At the Steinberg Law Firm, we’ve assembled a dedicated team of Charleston E-bike accident lawyers who are familiar with the common issues that come up in these cases and know how to effectively pursue personal injury cases against the responsible parties. We offer free consultations, and because we take these cases on a contingency basis, you will not be responsible for any of our legal fees unless and until we connect you with the compensation you deserve. We have three conveniently located locations in Charleston, Goose Creek, and Summerville, where we have lawyers waiting to speak with you about your case. To learn more and to schedule a free consultation today, call the Steinberg Law Firm at 843-720-2800. You can also connect with us by completing our secure online contact form.