Electric bike popularity has surged in recent years, particularly in urban centres like Toronto. E-bikes provide a fast, efficient, and low-effort way to navigate congested streets. They also offer users the added benefit of light exercise and recreation.
However, with growing usage comes increased risk. Accidents involving e-bikes and e-scooters are becoming more frequent, occurring both on roads and sidewalks. E-Bike Accidents can involve riders, pedestrians, and motorists and (especially when cars or trucks are involved) can lead to severe consequences such as fractures, spinal cord injuries, or traumatic brain injuries.
Navigating the legal landscape of e-bike and e-scooter accidents can be complex. If you or a loved one has been seriously injured, seeking legal guidance is critical to securing the compensation you may be entitled to. It is also essential to ensure your long-term well-being.
What Qualifies as an E-Bike in Ontario?
The specifications of an e-bike or e-scooter can impact your right to sue and obtain accident benefits. E-bikes are generally considered to be power-assisted bicycles equipped with an electric motor, pedals, handlebars, and braking systems. If the pedals are removed, the vehicle is considered a motor vehicle under Ontario law and requires licensing, registration, and insurance.
Other Ontario E-Bike Requirements
To be legally operated in Ontario, an e-bike must also meet the following criteria:
- Maximum assisted speed of 32 km/h
- Electric motor that does not exceed 500 watts
- Weight not exceeding 120 kilograms
- No modifications that increase its speed or power
- Securely fastened battery with properly insulated terminals
- Two independent braking systems capable of bringing the e-bike to a complete stop within nine metres when operated at 30 km/h on a level asphalt surface
- Minimum wheel width of 35 millimetres and minimum diameter of 350 millimetres
Riders must also:
- Be at least 16 years old
- Wear an approved bicycle helmet
- Maintain the e-bike in good working order
- Obey the same rules of the road as other cyclists
- Avoid riding on restricted roads or sidewalks if prohibited by municipal by-laws
Common E-Bike Accidents
Collisions may result from poor road conditions, visibility issues, traffic congestion, or mechanical failure. Riders are especially vulnerable in mixed traffic environments.
Accidents often involve vehicles that fail to yield, open car doors, or misjudge the speed of e-bikes and e-scooters. Poor maintenance or product defects can also pose safety risks.
Tort Claims
If your injury was caused by another party’s negligence, you may be eligible to pursue a tort claim. This type of claim involves bringing a lawsuit against the person/people who caused the accident.
Through a lawsuit/tort claim you can recover damages for:
- Medical expenses and treatment
- Lost income or earning capacity
- Pain and suffering
- Compensation for permanent injuries
Tort claims can also be filed against manufacturers or distributors if the e-bike or e-scooter was defective and that defect contributed to the accident.
Statutory Accident Benefits Schedule (SABS)
If you were injured by a motor vehicle while riding and e-bike you will be entitled to certain benefits through Ontario’s No-Fault Accident Benefits regime. In Ontario, these benefits are called Accident Benefits, ABs, or SABS benefits and they include, income replacement benefits, medical/rehabilitation benefits, attendant care (personal support worker assistance) benefits, etc.
These benefits are paid by an insurance company. Because these benefits are ‘no-fault’ if you have your own insurance provider they will pay the accident benefits. If you don’t have your own insurance, either a family member’s insurer, the other party’s insurer, or the Motor Vehicle Accident Claims Fund will pay the benefits.
Accidents involving only an e-bike typically do not qualify for SABS benefits unless a motor vehicle was involved in the accident or the e-bike is classified as a motor vehicle under the law.
Let Advocai Help
Understanding your legal rights after an e-bike accident can be overwhelming. The team at Advocai is here to provide clear guidance, trusted advice, and strong advocacy to ensure that you maximize financial and physical recovery.
Our focus on providing top tier representation for our personal injury clients through a combination of superior legal advocacy, exceptional customer service and a personal/family oriented approach. We offer competitive and fair legal fees on a contingency fee basis (you don’t pay unless we win) for our personal injury clients. Contact us today for a free consultation.
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