Not everyone on an e-bike in Bellerose is riding for the same reason. Some are carrying dinner orders up Jamaica Avenue. Some are heading to the Bellerose LIRR station to catch a train into the city. Some are just out on a Sunday, enjoying the side streets off Braddock Avenue. And some of the people hurt in e-bike crashes were never on a bike at all; they were simply crossing Hillside Avenue on foot.
Each of those people ends up with a slightly different set of questions after a crash. So instead of one long explanation, we have split this page by who you are. Jump to the section that sounds like you. The shared basics are at the end.
If you ride for work
Delivery riders put in more miles than almost anyone, often at night and in bad weather, which means more chances for a driver not to see them. If you were hurt on the job, two tracks may be open at once.
The first is work-related benefits. Employees generally receive workers’ compensation. If you deliver through an app, you may be classified as an independent contractor, and that label affects which benefits you can get. The Workers’ Compensation Board has a helpful page for workers, and our work injury team can look at your situation.
The second track is a claim against the driver who hit you, which may exist no matter how you are classified. Save your app’s trip data for the ride you were on. It can show your route, time and speed, and it is much harder to get later.
One more thing: under city rules, anyone riding an e-bike for work must wear a helmet. If you were not wearing one, do not assume that ends your case. We come back to that below.
If you commute by e-bike
Riding to the train or to work usually means rush hour, and rush hour means impatient drivers. Right hooks at intersections, cars pulling out of driveways and doors swinging open from parked cars are all familiar dangers. New York generally prohibits opening a car door into traffic unless it is safe to do so, which can matter a great deal in a dooring case.
If a car hit you, that car’s no-fault insurance generally pays your medical bills and part of your lost wages, since you were not a passenger in it (Insurance Law § 5103). You generally need to file within 30 days. For time off work, our article on proving you cannot work after an injury is worth a read.
If you ride for fun
Weekend riders sometimes feel a crash is “their fault” because they were out for pleasure rather than necessity. That is not how the law sees it. You have the same right to a safe road as anyone else.
Weekend riders are also the group most likely to own a newer or bigger e-bike, so it is worth knowing the rules. New York’s three classes are set out in VTL § 102-c: Class 1 is pedal-assist up to 20 mph, Class 2 has a throttle and tops out at 20 mph, and Class 3 reaches 25 mph and is only allowed in cities of a million or more. In New York City, NYC DOT rules cap every e-bike at 15 mph on city streets, and riders must be at least 16. A throttle-only, faster machine may be treated as a moped instead, which our moped and scooter claims page explains.
If your bike failed on its own, say a brake gave out or a battery overheated, a claim against the maker or seller may be possible. Please keep the bike and battery untouched.
If you were walking and an e-bike hit you
This one surprises people. Because e-bikes are not motor vehicles under VTL § 125, no-fault generally does not cover the bike. Your claim is against the rider. Depending on the facts, the rider’s homeowners or renters insurance may come into play (every policy is different), or a business the rider was working for may be responsible. Nobody can promise in advance who will pay, but finding out is part of what an e-bike accident attorney does, and it is often the first thing an electric bike accident lawyer at our firm digs into. Our pedestrian accident page has more.
What everyone has in common
- Serious injuries open more doors. To seek pain-and-suffering damages from a driver, New York generally requires a “serious injury,” such as a fracture or a significant limitation of a body part. Broken wrists, collarbones and legs are common after e-bike falls, along with head, spine, face and dental injuries and road rash.
- Partial blame still leaves room. Under pure comparative fault (CPLR § 1411), speed or a missing helmet may lower your recovery but does not end it. More in our shared fault guide.
- Some clocks are short. Road-defect claims against the city generally need notice within 90 days; hit-and-run claims through your own policy or MVAIC have strict early deadlines; most lawsuits generally must be filed within three years.
- Evidence fades. Photos, witness phone numbers, the police report number, your helmet and the bike itself all matter. Ask stores along Jamaica Avenue about camera footage quickly.
Getting help close to home
Our office sits just south of Bellerose, and Yakov Mushiyev and the team at Yakov Mushiyev & Associates have recovered over $80 million for injured New Yorkers. We represent every kind of rider through our scooter and e-bike accident practice, and we meet people at home, in the hospital or by video, in English, Russian or Spanish. For our wider local work, visit our Bellerose personal injury lawyer page, and if you were on a regular pedal bike, see our Bellerose bicycle accident lawyer page.
A Bellerose e-bike accident lawyer at our firm can also help family in nearby areas. Neighbors may want to look at our pages for an e-bike accident lawyer in Queens Village, an e-bike accident lawyer in Glen Oaks, or an e-bike accident lawyer in Floral Park.
You can visit us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map shows the short trip from Bellerose to our office.
Whichever section described you, an e-bike accident lawyer in Bellerose is one phone call away. Ring us at 718.775.3110 or leave a message on our contact page. The first conversation is free, and there is no fee unless we win.
We wrote this page to share general information, not to give legal advice about any one person’s crash. Attorney Advertising.