Question: I was crossing the beach bike path in Santa Monica and hit by an e-bike rider. Do I have a case?
Answer: If you were hit by a motorized bike rider and injured, you have a potential claim against the cyclist. Liability depends on the facts of the accident.
- What class of e-bike was it: 1, 2, or 3? Class 3 e-bikes can reach speeds up to 28 mph. Under the Santa Monica Municipal Code, it is illegal to ride a class 3 e-bike on the Santa Monica beach bike path.
- What was the cyclist’s speed at impact?
- Did you see the cyclist before the impact?
- Where were you looking at the moment of impact?
- How far was the motorized bike rider from you when you started to cross the bike path?
- Did the rider or you take any evasive action before impact?
- Were there any witnesses to the collision?
- Did the police or a lifeguard take a report?
- Did the bike rider make any statement at the scene taking responsibility for the collision?
If the bicyclist has homeowner’s or renter’s insurance, the insurance company may cover your claim. You are entitled to make a claim for your medical bills, any lost wages, and pain and suffering.
Due to their speed, e-bikes can cause major injuries to pedestrians, including broken bones, concussions, and lacerations which leave scars. The more serious your injuries, the more likely a personal injury attorney will take your case, even if there is some percentage of fault assignable to you.
Not sure if you have a case? Contact the lawyers at McGee, Lerer & Associates. We are a husband and wife team of attorneys. Representing injury victims is all we do. We provide free consultations. If you hire us, you pay us nothing upfront. We get paid at the end of the case, out of the money we collect from the at-fault party. Read more about our fee here.