Riding Safely or Facing Risks: Navigating Scooter and E-Bike Injuries
As e-scooters and e-bikes grow in popularity nationwide, New York has taken a unique approach to these devices, balancing demand with safety concerns. Despite being one of the country’s largest markets, New York delayed the entry of e-scooters until 2020, driven by safety concerns voiced by then-Governor Andrew Cuomo. At MidHudson Injury Law, we recognize the complexities surrounding these devices in New York and are here to help those affected by scooter and e-bike accidents understand their options for compensation.
The Delayed Arrival of Scooters in New York
In 2019, Governor Cuomo expressed strong reservations about e-scooters and e-bikes hitting New York streets without sufficient safety measures. In a veto message, he criticized the bill that allowed these devices, calling it “fatally flawed” due to its lack of common-sense protections, such as mandatory helmets. “Helmets are a common-sense requirement that should be imposed on operators of these vehicles to protect public safety,” he wrote, noting that his original budget proposal had included such requirements, which were later omitted.
This stance reflected a growing tension between the convenience and popularity of e-scooters and e-bikes and their potential to cause serious injuries. Cuomo’s concerns led to a delay in the rollout, giving New York time to assess best practices and implement safety requirements.
E-Scooters and E-Bikes in New York Today
In 2020, scooters were finally legalized across New York State, but strict local regulations have limited their presence compared to other cities. Revel, which initially offered electric mopeds in New York, pulled out after a series of high-profile accidents and safety concerns. Similarly, Lyft, which operates Citi Bike, has shown reluctance in expanding into electric bike and scooter offerings in the city.
Despite these developments, the popularity of e-bikes and scooters has continued to grow, with over a million e-bikes sold last year. More people are using bike lanes than ever in New York, signaling the growing role of these vehicles in urban transportation. However, as e-bikes and e-scooters become more common, so do the risks of injury, and the need for legal recourse is rising.
E-Bikes and E-Scooters on Rail Trails and in Parks: A Growing Risk
Beyond city streets, e-bikes are increasingly common on public rail trails and in parks across New York, presenting unique safety challenges. These shared spaces, originally designed for slower foot and bicycle traffic, now accommodate faster e-bikes, creating potential hazards for walkers, families, and traditional cyclists. The presence of e-bikes on trails and in parks poses additional risks:
- Speed and Control: E-bikes can reach speeds much higher than traditional bicycles, making it difficult for riders to control their bikes on winding or crowded trails.
- Mixed-Use Concerns: Rail trails and parks are frequented by a mix of walkers, runners, children, and pets, making high-speed devices potentially dangerous.
- Lack of Infrastructure: These trails were not designed to handle high-speed traffic, increasing the likelihood of collisions and accidents.
Injury Cases Involving Scooters and E-Bikes: What We’re Seeing
At MidHudson Injury Law, we’ve handled a variety of cases involving e-scooters and e-bikes. Common injury cases include:
- Manufacturer Liability: For injuries due to faulty equipment, manufacturers can be held responsible. For example, brake malfunctions have led to accidents on public rail trails, where users couldn’t stop in time.
- Rental Company Liability: Companies that maintain e-bike and e-scooter fleets are responsible for ensuring their devices are safe. Rental companies like Bird have faced lawsuits when a lack of maintenance or safety features led to serious injuries.
- Individual Liability: With many inexperienced riders on New York’s trails and in parks, accidents caused by negligent riding are rising. Riders who collide with pedestrians or traditional cyclists can be held liable for their actions.
Compensation Options for E-Scooter and E-Bike Accidents
Victims of scooter or e-bike accidents often face a range of injuries, from fractures to head trauma, and are entitled to compensation for:
- Medical Expenses: Including hospital stays, surgeries, and rehabilitation.
- Lost Wages: For time missed at work due to recovery.
- Pain and Suffering: Recognizing the physical and emotional toll of the injury.
- Punitive Damages: In cases involving reckless or malicious behavior.
With Bird’s recent bankruptcy, securing compensation from rental companies may become more difficult. However, with skilled legal guidance, injured parties still have viable options to pursue damages, whether through insurance claims or third-party litigation.
What New York’s Changing Landscape Means for Riders and Pedestrians
As e-bikes and scooters gain popularity in New York, the state strives to balance convenience with safety. Building upon former Governor Cuomo’s emphasis on helmet use, current Governor Kathy Hochul has enacted several measures to enhance safety standards. In July 2024, she signed a legislative package aimed at promoting the safe use of e-bikes and lithium-ion batteries. This legislation prohibits the sale of lithium-ion batteries that fail to meet manufacturing standards and mandates that retailers provide operating manuals for devices containing such batteries. Additionally, it requires reports following e-bike or e-scooter accidents resulting in injury or death, and enforces the registration of mopeds at the point of sale.
These initiatives underscore the state’s commitment to ensuring the safety of both riders and pedestrians. Riders on public trails and in parks should exercise extra caution to protect themselves and those around them.
MidHudson Injury Law: Here to Support Your Path to Recovery
If you or a loved one has been injured in an e-scooter or e-bike accident—whether in the city, on rail trails, or in parks—the team at MidHudson Injury Law can help you explore your legal options. We’re committed to ensuring you receive the compensation you deserve and that your rights are fully protected.
Bryan Schneider is a personal injury attorney with MidHudson Injury Law, dedicated to helping accident victims seek justice and fair compensation.