E-bike accidents are on the rise in Massachusetts as electric bicycles become a popular choice for commuters, tourists, and business travelers. With higher speeds and heavier frames than traditional bikes, e-bikes can lead to severe injuries in collisions with cars, pedestrians, or due to mechanical failures. When crashes happen, families may face mounting medical bills, lost income, and emotional trauma—but Massachusetts law allows injured riders to seek compensation even if they were partially at fault.
At Spada Law Group, our e-bike accident lawyers help victims and their families navigate insurance disputes, prove liability, and fight for fair settlements. Whether the crash involved a negligent driver, a defective bike, or unsafe road conditions, we’ll guide you through the legal process to recover damages like medical expenses, lost wages, and pain and suffering. Below, we break down the compensation available and how to protect your rights after an e-bike accident.
Types of Compensation Available in E-Bike Accident Claims
Families affected by e-bike accidents may recover damages through personal injury claims or lawsuits. Compensation typically falls into two categories: economic (tangible losses) and non-economic (intangible harms). In severe cases where negligence is egregious—such as a hit-and-run or a manufacturer knowingly selling defective bikes—families might also pursue punitive damages to hold the at-fault party accountable.
Economic Damages
These are quantifiable financial losses, including:
- Medical expenses. Current and future costs for hospital stays, surgeries, physical therapy, and medications. Long-term injuries like spinal damage or traumatic brain injuries (TBI) often require lifelong care, which should be factored into claims.
- Lost wages. Income lost during recovery, plus reduced earning capacity if injuries cause long-term disability. For example, a delivery rider who can no longer work due to a fractured pelvis may claim lost future earnings.
- Property damage. Repair or replacement costs for the e-bike, safety gear, or other damaged property. High-end e-bikes can cost thousands, and insurers may undervalue them without proof of purchase or expert appraisal.
Pro tip: Keep all receipts and medical bills organized—digital tools like expense-tracking apps can help streamline this process.
Non-Economic Damages
These compensate for subjective losses, such as:
- Pain and suffering. Physical discomfort and emotional distress caused by the accident. Massachusetts uses a multiplier method (typically 1.5x–5x economic damages) to calculate these damages based on injury severity.
- Loss of enjoyment. Inability to participate in hobbies or activities due to injuries. An avid cyclist who can no longer ride may claim this.
- Loss of consortium. Damages for the impact on familial relationships (e.g., a spouse’s loss of companionship). These require testimony from family members or therapists to substantiate.
Liability in E-Bike Accidents
Determining fault is critical to securing compensation. E-bike accidents often involve multiple liable parties, and Massachusetts’ modified comparative negligence rule (MGL c. 231, § 85) complicates claims when the rider shares blame. For instance, if an e-bike rider was speeding but a driver ran a red light, a court might assign 30% fault to the rider, reducing their compensation by that percentage.
- Negligent drivers. Motorists who fail to yield, speed, or disregard bike lanes frequently cause e-bike accidents. Distracted driving is a leading factor; phone records or traffic camera footage can prove this negligence.
- E-bike manufacturers or retailers. Defective batteries, faulty brakes, or design flaws can lead to accidents. Some e-bikes might even be part of a recall effort, which may serve to strengthen product liability claims.
- Government entities. Poorly maintained roads, inadequate bike lanes, or missing signage may contribute to crashes. However, filing a claim against a city or state requires notifying the correct agency within 30 days, per MGL c. 258, § 4.
- BLUEbikes or rental companies. If a rented e-bike malfunctions due to improper maintenance, the rental company could be held liable. Riders should photograph any pre-existing damage before using a rental and report issues immediately.
Insurance Considerations
E-bike accidents present unique insurance challenges, and policy language varies widely. For example, some auto insurers exclude e-bike collisions unless the policy explicitly covers “motorized bicycles,” while others deny claims if the rider wasn’t wearing a helmet. Key considerations include:
- Auto insurance. If a driver caused the crash, their auto policy typically covers the e-bike rider’s damages. However, Massachusetts’ no-fault (PIP) rules don’t apply to e-bike riders, so claims must be filed against the driver’s liability coverage.
- Homeowners/renters insurance. Some policies cover e-bike accidents, especially if the rider was at fault. Check for exclusions related to motorized vehicles or high-speed bikes.
- E-bike insurance. Standalone policies are available and may cover theft, damage, or liability. Specialized insurers like Velosurance offer collision coverage akin to auto policies.
Note: Massachusetts doesn’t require e-bike insurance, but uninsured riders hit by negligent drivers can still pursue claims against the driver’s assets if coverage is insufficient.
Steps to Protect Your Rights After an E-Bike Accident
To strengthen a claim, families should act quickly—evidence disappears fast, and insurers often exploit delays. For example, surveillance footage is typically deleted within 30 days, and witnesses’ memories fade. Critical steps include:
- Seek medical attention immediately. Delayed treatment can undermine injury claims. Even minor soreness could indicate whiplash or soft-tissue damage; document all symptoms.
- Document the scene. Take photos of injuries, vehicle damage, road conditions, and traffic signals. Use your phone’s geotagging feature to prove the location.
- Obtain witness contact information. Independent accounts can corroborate your version of events. Ask bystanders to record a brief video statement on your phone.
- Preserve evidence. Keep the e-bike, helmet, and damaged clothing untouched for expert analysis. Store the bike indoors to prevent weather-related corrosion.
- Avoid discussing fault. Admitting partial blame can reduce compensation under comparative negligence. Politely decline to give recorded statements to insurers without a lawyer.
- Consult an e-bike accident lawyer. Attorneys can handle insurers, prove liability, and maximize recovery. Most firms, including Spada Law Group, offer free consultations to evaluate your case.
How Spada Law Group Can Help
Our attorneys assist e-bike accident victims by combining legal expertise with investigative resources to build strong claims. In product liability cases, we work with engineers to identify defects like battery malfunctions or brake failures.
We also navigate insurance hurdles. Insurers often argue that e-bike riders assume risk by choosing a “dangerous” mode of transport. We counter this by highlighting safety statistics, rider compliance with laws, and the other party’s negligence.
If a fair settlement isn’t possible, we’re prepared to litigate. Jury trials can be advantageous in e-bike cases—when jurors see footage of reckless driving or hear testimony about a victim’s life-altering injuries, they often assign lower fault percentages than insurers do. Spada Law Group encourages cyclists to stay safe while cycling out in Boston.
