The Higher Speed Of A Motorized Bike Can Complicate Your Personal Injury Claim
Attaching a gas or electric motor to a bicycle can allow it to reach much higher speeds. You might have chosen this mode of transportation because it is less expensive than driving a car. However, like with a motorcycle, a motorized bicycle can be very dangerous, and you might find yourself involved in an accident with another vehicle.
Motorized Bike Accidents and Litigation
Most bike accidents that lead to serious injuries occur when a bike is traveling at a high speed. Therefore, a motorized bike is much more dangerous to operate. If you are injured because the other party you collided with was negligent, you may be entitled to compensation for future medical expenses and pain and suffering. If you are unable to work, you may be entitled to lost wages.
Injuries That Might Result from a Motorized Bike Accident
The most common type of injuries that result from these types of accidents includes head injuries, shoulder injuries, and neck injuries. Head injuries can be especially devastating and you may need long-term rehabilitation to recover.
Comparative Negligence
Comparative negligence is a legal concept in which each party might be considered partially at fault for the accident. If you were considered partially at fault for the accident, your compensation would be reduced in proportion to how much you are considered to be at fault.
If you are riding a motorized bicycle, you might be accused of not being allowed to ride it on a sidewalk or a bike lane, and this might be used as a way to hold you responsible for the accident.
However, motorized bicycles can often be used in all the locations that other bikes can be used as long as it travels at a slower speed, much like a regular bike, and has a battery or engine that is a specific size. The requirements are based on the state in which you reside. The legal battle might be partially over the characteristics of the bike you were riding.
Your Legal Battle
The defendant will do everything they can to reduce their liability after the accident. They will accuse you of being partially at fault for the accident. They may also argue that your injuries were the result of a pre-existing medical condition. For example, they might discover that you already had a degenerative spine.
To avoid having your compensation reduced as a result, it's important to hire a personal injury attorney who can draft arguments and motions that will help your case.