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Written by: J. Todd Tenge

Can You Collect Damages from an Electric Bike Accident in Colorado?

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electric bike accident

E-bikes have become very popular across the country.

In Colorado, riders can use e-bikes on roads and bike lanes.

Specific e-bikes are allowed on multi-use trails and areas open to non-motorized biking. Despite their popularity, e-bikes can be hazardous.

Getting into an electric bike accident is always a possibility, especially on Colorado roads.

However, you might be entitled to pursue a personal injury claim to recover financial compensation for your damages.

Contact a Colorado personal injury lawyer at Tenge Law Firm to learn more.

Colorado E-Bike Rules on Colorado Trails

Under Colorado rules, e-bikes have:

  • Two or three wheels;
  • Fully operational pedals; and
  • An electric motor that doesn’t exceed 750 watts of power.

E-bikes can be divided into three classifications to determine whether a rider can operate an e-bike on any land managed by Colorado Parks and Wildlife (CPW):

  • Class 1 e-bikes have motors that only aid when a rider pedals and will stop assisting the rider when the bicycle reaches 20 miles per hour.
  • Class 2 e-bikes have motors that aid even when the rider is not pedaling, but they will stop assisting when the bicycle reaches 20 miles per hour.
  • Class 3 e-bikes have motors that aid the rider when pedaling, but they will cease to help the rider when the bicycle reaches 28 miles per hour.

Cities also have e-bike regulations that riders must familiarize themselves with and ensure they follow.

The Rise of E-Bike Accident Injuries in Colorado

E-bike accident injuries are rising across the state, especially in popular outdoor recreation areas like Aspen.

According to Aspen Journalism, the area has been experiencing an overall increase in bike and e-bike accidents in recent years.

Unfortunately, these accidents result in serious injuries and more visits to nearby trauma centers.

Understandably, injured parties want to know whether someone else is liable for their damages.

It would be best if you spoke with a skilled Colorado personal injury lawyer to determine whether you have a cause of action against another party.

Potentially recoverable damages might include property damage, medical expenses, lost wages, pain and suffering, and more.

Potential Causes of an Electric Bike Accident

Like other types of accidents, e-bike accidents can occur for various reasons. Some of the most common causes include:

  • Distracted e-bike riders or drivers,
  • Inexperienced e-bike riders,
  • Negligent e-bike riders or drivers,
  • Negligent pedestrians,
  • Road hazards and adverse weather, and
  • Malfunctioning e-bikes.

Unfortunately, many e-bike accidents involve inexperienced riders who have not used these power-assisted bikes before.

The law doesn’t mandate special training or licensing, so inexperienced riders often struggle with acceleration and braking.

E-bikes are much heavier than standard bicycles because they have a battery and electric motor. The added weight can result in difficulty controlling the e-bike.

Qualifying for Bike Accident Compensation in Colorado

In some accidents, you could be entitled to compensation for your damages. However, you must prove that another party is responsible for your injuries.

Proving e-bike accident liability is no different from proving liability for another type of bicycle accident.

To prove liability against another party, you must have evidence of the following four elements:

  • The other party must owe you a legal duty;
  • The other party must have breached their legal duty;
  • The breach of duty must have caused your injuries; and
  • You must have suffered damages.

Colorado is a modified comparative negligence state. That is important because you could be partially liable for the accident and still receive compensation for your damages.

However, you cannot be 50% or more at fault—the law bars you from recovery if you are.

For example, if a jury determines you are 25% at fault for the accident, you could receive 75% of your damages. If you are 55% at fault, you will not receive any compensation.

Contact a Colorado Personal Injury Lawyer

Pursuing compensation for an electric bike accident is complicated. You should not attempt to handle a claim without legal representation.

If you cannot prove liability against the other party, you would not collect compensation for your damages.

At Tenge Law Firm, we work tirelessly to protect our clients’ rights.

If we do not think you have a chance at successfully proving liability, we will be honest with you.

Don’t hesitate to contact us to schedule an initial consultation so we can review the facts of your Colorado electric bike accident.  

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