Every new mode of transportation unfortunately comes with new ways to get hurt. Case in point: Electronic bike accident statistics. According to WebMD, between 2017 and 2022, there were more than 45,000 ER visits due to e-bike injuries. Within that five-year span, e-bike injuries rose by 30 times, along with 43 times more hospitalizations. Doctors have also seen head injuries increase at an alarming rate, while the odds of e-bike riders wearing helmets are decreasing.

Currently, New Mexico does not have restrictions that address e-bikes. Instead, the law treats them the same as regular bikes. But because they allow riders to go faster, are harder to control, and can legally share the road with other vehicles, e-bike crashes have become more common and the resulting injuries more severe. 

Just as with any other injury accident, liability depends on who is at fault. If you sustain injuries while riding an e-bike, or if you’re hurt when an e-bike hits you, you may qualify to collect damages. 

A Bit About E-Bikes and New Mexico Law

Even though e-bikes fall somewhere between regular bicycles and motorcycles in the way they operate, New Mexico law treats them like regular pedal bikes with a few minor differences. 

Licensing

Like bicycles, there are no licensing, registration, or insurance requirements for e-bikes. 

Rules of the Road

E-bikes are allowed on streets, but riders must follow the same traffic laws as any other vehicle. This means riding with traffic, obeying traffic signs and signals, signal turns and lane changes, etc. 

Safety Equipment

Under New Mexico law, helmets are required for riders of motorcycles and ATVs under 18, but optional for anyone older. There are, however, no state-wide helmet laws for e-bikes, but some municipalities require them for anyone under 14 when riding on a roadway. 

E-Bike Classification

All e-bikes fall into one of three classes:

Class 1: These e-bikes assist riders while pedaling up to 20 mph, and stop assisting once reaching that speed.

Class 2: Equipped with a throttle, these e-bikes don’t require pedaling. They also stop assisting at 20 mph.

Class 3: Similar to a Class 1 e-bike, Class 3 is pedal-assisted, but can go 28 mph. Riders must be at least 16 years old and the bike must be outfitted with a speedometer.

There are motorbikes that are sometimes called Class 4 e-bikes. These reach much higher speeds and are classified as motor vehicles. They must be licensed and insured like motorcycles and cars. 

Local Laws

Even though New Mexico has not put many state-wide laws into effect, some municipalities have their own rules, such as the helmet law for those under 14 mentioned above. Check your city and county to see if there are special speed limits, routes where e-bikes are prohibited, or age or helmet restrictions.

How Regular Bicycle and E-Bike Accidents Differ

If you’re hit by a car while riding a bicycle or an e-bike, your injuries can be very serious. Much like on a motorcycle, even if wearing a helmet, riders are unprotected from an impact with the vehicle or the ground. Broken bones, road rash, and head injuries are common.

An e-bike crash can be more likely as well as more severe than a bicycle crash for a couple of reasons. 

• Since e-bikes can reach speeds of 20 miles per hour or more, the impact will be greater and cause worse injuries. 
• The burst of speed when the motor kicks in can cause a rider to wobble or lose control, especially if they’re inexperienced with the e-bike.
• In most cases, it’s easy to slow down on a pedaled bike, but an e-bike might be harder to stop.

These factors make colliding with a car or truck a dangerous scenario that may result in significant personal injury.

If You Are Hurt in an E-Bike Crash

As we’ve discussed, e-bike riders are subject to the same rules of the road as any other vehicle. Likewise, car drivers must treat e-bikes the same way. Unfortunately, accidents can happen for the usual reasons, like speeding, distracted driving, intoxication, or failure to obey road signs and signals. In addition, e-bikes can be at additional risk when a car driver fails to see them, crowds a bike lane, or opens their door as an e-bike approaches.

Victims on e-bikes should follow the same procedures as with any auto accident: 

• Before anything else, get treated by first responders for any immediate injuries. 
• If injuries are minor or if there is no need for an ambulance, make plans to see a medical professional as soon as possible on your own to assess your condition.
• At the scene, gather the driver’s identification and insurance information.
• Get contact information from witnesses.
• Take photos or videos of the scene.
• Contact the police and obtain a copy of the accident report. 

Seeking Compensation in an E-Bike Accident

When a car or truck hits an e-bike, the rider can collect compensation from the at-fault driver or their injuries. Information collected at the scene will be evidence of the driver’s responsibility. If they are found liable, their insurance company should pay for all medical expenses, property damage to the e-bike, and in some cases pain and suffering.

In some cases, a driver may not have insurance, or their coverage may be insufficient to cover the e-bike rider’s damages. If the e-bike rider is covered by Uninsured Motorist (UM) or Underinsured Motorist (UIM) insurance, they can use it to pay for their injuries. UM and UIM coverage protects policyholders whether they are behind the wheel of their cars, on foot, or riding a bicycle or e-bike. 

Who Else May Be Liable for E-Bike Accident Injuries?

An e-bike crash that injures the rider might not involve another driver at all. Battery fires or brake failures can happen too.

In these cases, the rider may be able to collect damages from the e-bike manufacturer. A personal injury attorney can advise on how to gather the necessary evidence to prove liability and file a claim. 

When an E-Bike Rider is Liable for an E-Bike Crash

Because e-bike riders must obey traffic laws, they can be partly, or entirely responsible for a crash. Being under the influence, driving recklessly or erratically, or failing to yield the right of way can result in an accident with a car, another bike, or a pedestrian.

New Mexico is a pure comparative negligence state. If an e-bike rider is partially to blame for the crash where they were hurt, any compensation will be reduced by their amount of liability. For example, if an e-bike rider was weaving in and out of lanes and is found to be 30% responsible for the resulting crash, the amount of their claim will be lowered by that amount. So if total damages are $100,000, the rider will only collect $70,000. 

Contact an Attorney for Your E-Bike Accident

Riders like e-bikes for their efficiency, eco-friendliness, and fun. They are not about to give them up, despite the sobering electronic bike accident statistics that show how serious the personal injuries can be. As e-bikes become even more popular and states and municipalities learn more about them, there is likely to be new legislation to address their use. 

Regardless of e-bike rules, the laws surrounding personal injury are clear: anyone who suffers a personal injury that is someone else’s fault should be compensated. Whether you are an e-bike rider who has been hit by a car, or if an e-bike rider caused an accident that injured you, contact Kane Personal Injury. We will help you build a case to get you the compensation you deserve.