Injured on an E-Bike While Committing Traffic Violations in Tampa: Is There Any Hope of Compensation?

While legal options may be limited if you were injured while committing traffic violations, an e-bike crash in Tampa could still lead to compensation under certain circumstances. Consider discussing your crash in more detail with an experienced Tampa bicycle accident attorney to accurately assess your legal options.

Florida’s No-Fault System Could Cover Your Missed Wages and Medical Bills

Even if you were to blame for your own e-bike accident, you can theoretically recover compensation for your medical bills and a portion of your lost wages through the Sunshine State’s no-fault system. Under this system, you should be able to file a Personal Injury Protection (PIP) claim under your own policy if you own a separate, insured car along with your e-bike. If you reside with someone who has a vehicle with PIP insurance, you should also be covered.

If you do not own a vehicle with PIP insurance, you can instead turn to the policy of the driver who struck you. Even though you might have caused the accident, the driver’s policy should cover you as an uninsured cyclist. Speak with a lawyer if you’re still trying to determine whether insurance might cover you.

However, there is one major exception to these general rules: You cannot file a PIP claim of any kind if it becomes clear you were driving an illegally modified or excessively fast e-bike. If your e-bike has a top speed that surpasses 28 miles per hour (or has a power of over 750 watts), you are actually driving an uninsured “moped.” Because you’re driving a vehicle without insurance, you are automatically excluded from the no-fault system.

Consider Filing a Product Liability Claim

Your last real option is a product liability claim. With this strategy, you’ll attempt to sue the manufacturer or designer of your e-bike for providing you with a defective product. The most common types of claims involve defective brakes, although various other defects could have potentially caused your crash.

Have an expert examine your bicycle to determine whether it is defective. If it becomes clear that something like failing brakes or faulty suspension contributed to your crash, you may be able to bypass the no-fault system directly and sue the manufacturer instead. You may be able to argue that your traffic violations only occurred because you lost control of a defective e-bike through no fault of your own. These claims can be challenging, but it might be something worth discussing with your lawyer.

Can an E-Bike Accident Attorney in Tampa Help Me? 

An e-bike accident attorney in Tampa may be able to help you pursue compensation, even if you face allegations of committing traffic violations. One of the few remaining options in this situation is a product liability claim, something you might want to explore with your attorney before completely giving up hope. Of course, Florida’s no-fault system may also offer compensation. Continue this conversation alongside Anderson & Anderson today.

Source: 

wtsp.com/article/news/local/pinellascounty/deadly-e-scooter-crash-st-pete/67-415243f0-2b9c-414d-bcbd-5049b572cc74