Not every e-bike crash looks the same, and not every person hurt in one was on the bike. In Kew Gardens Hills you might be carrying dinner orders up Main Street, riding to a job, taking a slow loop by Willow Lake on a Sunday, or simply crossing Jewel Avenue when a rider came out of nowhere. Your rights depend a great deal on which of those people you were. So this guide is split up by who you are, and you can skip straight to your section.
Yakov Mushiyev & Associates is a Rosedale personal injury firm that handles e-bike cases throughout Queens. Whichever group you fall into, a Kew Gardens Hills e-bike accident lawyer from our office can explain where you stand in a single conversation.
If you ride for deliveries
You know these streets better than most drivers do. You also know how often cars cut you off, double-park, or swing a door open without checking. When you get hurt on a delivery, two separate tracks may open up for you.
The work track. If you are an employee, workers’ compensation generally covers your medical care and part of your wages. The Workers’ Compensation Board’s page for workers explains how to report an injury. If you take orders through an app, you may be classified as an independent contractor, and that classification affects what benefits you can get. Please don’t assume you have nothing. Let an e-bike accident attorney look at the details first.
The driver track. If a car hit you, you may also have a claim against that driver, separate from any work benefits. Keep your app’s trip history. It can show your route, your speed and the exact time of the crash. Our article on delivery and bike-lane crashes in Queens goes deeper on this.
If you commute on your e-bike
Maybe you ride to a job, a class, or a train. You are probably following the rules most of the time, and it is worth knowing exactly what they are. VTL § 102-c sorts e-bikes into three classes: Class 1 is pedal-assist up to 20 mph, Class 2 adds a throttle up to 20 mph, and Class 3 reaches 25 mph and is allowed only in a city of a million or more people, which includes New York City. Within the city, e-bikes can’t go above 15 mph on any street, and riders must be at least 16.
Here is the reassuring part. Your e-bike is not a “motor vehicle” under VTL § 125. That means if a car hits you, you are treated as a non-occupant of that car, and its no-fault coverage generally pays your medical bills and part of your lost wages under Insurance Law § 5103. You’ll generally need to file within 30 days. For pain and suffering against the driver, New York generally requires a “serious injury,” such as a fracture. Our guide to fracture claims and the serious injury rule explains that threshold.
One thing to watch: a throttle-only, faster moped-style device may be classified differently. If that describes your ride, read our page on scooter and moped claims in NYC.
If you ride for fun on weekends
Easy rides around Willow Lake and through Flushing Meadows Corona Park feel far from traffic, and often they are. But weekend crashes still happen, and they tend to come from a few places: a car at a park entrance, a gap in the pavement, or the bike itself.
If the brakes failed or the battery overheated, the maker or seller may be responsible. NYC requires e-bikes sold, leased or rented here to meet UL 2849 and batteries to meet UL 2271. The FDNY’s lithium-ion battery safety page has tips for charging and storage, too. Whatever happened, please keep the bike exactly as it is. Don’t repair it and don’t toss it.
If a pothole or a broken piece of street threw you, a claim against the city may be possible, but notice generally has to be served within 90 days. That’s a short window, especially while you are healing.
If an e-bike hit you while you were walking
This one surprises people. Because an e-bike isn’t a motor vehicle, no-fault generally doesn’t cover the e-bike itself. So if a rider struck you on the blocks of attached homes and apartments near your building, your claim is against the rider. Depending on the facts, the rider’s homeowners or renters insurance might respond, or a business responsible for the rider might, but policies vary and nothing is promised in advance. Our pedestrian accident page covers walkers hurt by all kinds of vehicles.
Get the rider’s name if you can, note any company logo on their bag or jacket, and look around for cameras. Those details often decide who can be held responsible, and they give your electric bike accident lawyer something solid to work with.
A few things that apply to all of you
- Shared fault: New York uses pure comparative fault. Riding without a helmet or a little too fast can reduce an award, but it doesn’t bar you from recovering.
- Deadlines: most injury lawsuits generally must be filed within three years; claims against the city need a 90-day notice.
- Your own record: write down how you feel each day. Our tips on keeping an injury diary make it easy.
Neighbors just up the road
We have written similar guides for the communities around you. If your crash happened a few blocks away, you may want our pages for an e-bike accident lawyer in Pomonok, an e-bike accident lawyer in Fresh Meadows, an e-bike accident lawyer in Flushing or an e-bike accident lawyer in Utopia. Our Queens accident lawyer overview and our e-bike and scooter accident practice tie it all together.
Where to find us
You’ll find us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map below lays out the trip from Kew Gardens Hills, but if getting around is hard right now, we’ll meet you at home, at the hospital, or over video.
Whenever you’re ready
You can reach attorney Yakov Mushiyev’s office at 718.775.3110 or leave a message on our contact page. The first consultation costs nothing, you pay no fee unless we win, and we speak English, Russian and Spanish. Our firm has recovered over $80 million for injured New Yorkers, and we’d be glad to be your e-bike accident lawyer in Kew Gardens Hills.
Everything on this page is general information and should not be taken as legal advice about your own case. Attorney Advertising.