If you or a family member have been involved in an e-bike/e-scooter accident, it is imperative that you talk to a solicitor if you wish to pursue a claim.
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Tracey Solicitors LLP provide legal advice and assistance to those who have sustained an injury while operating an e-bike or e-scooter and to those who have been involved in an accident with an e-bike/e-scooter rider.
An electric bicycle or electric scooter is a vehicle that has a small motor attached to its frame which propels the motor vehicle. Along with the electric motor, the rider can also propel these light electric vehicles forward by pushing forward with their feet or pedalling the bicycle.
The use of electric-powered scooters has become ever more popular in our Irish transport system. Although there are uncertainties surrounding the law as to how and where riding an e-scooter is allowed. E-scooter users are still vulnerable to road traffic accidents. In cases where another party may have been responsible for your accident and resulting injuries, you may be eligible to make an e-scooter claim. Compensation may be awarded for your pain, inconvenience suffered, as well as the cost of medical fees, travel and any loss of earnings from time spent out of work on medical grounds as a result of injuries sustained in such an accident.
The regulations allowing e-scooters on the roads form part of the Road Traffic and Roads Act 2023. While it passed into law in June 2023, the e-scooter sections have yet to be commenced and are expected to be finalised in early 2024.
Once these regulations are commenced it will put e-bikes and e-scooters on a legal footing, introduce requirements depending on the maximum speed of a powered personal transporter, which may include a requirement for a licence, registration, tax and insurance.
According to the Injuries Board, road traffic accidents are the most common source of claims. E-bike/e-scooter accident claims fall under this category and are seen as vulnerable road users as these light electric vehicles don’t offer much protection to the rider.
The most common e-bike/e-scooter accident claims are:
Following an e-bike/e-scooter accident, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an e-bike/e-scooter accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury, ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you collect all the relevant information in connection with your accident:
Regardless of how minor or serious the e-bike accident was, it is important that you call the Gardaí to report the accident immediately.
For minor accidents, the Gardaí may tell you that they will not be attending the scene. It may be a case where you can settle the issue yourself. In this scenario, it is important that all of the appropriate information is exchanged with the other party involved in the accident. In these cases, it is also important that you visit your nearest Garda station to request that they take details of the accident and to take your statement about the accident.
For more serious e-bike/e-scooter accidents, where an ambulance has been called, the Gardaí may arrive at the scene to assess, take statements from the people involved and any witnesses.
If you were unable to retrieve the details of the other party involved in the accident and are unable to trace these details, the next step may involve reporting the incident to The Motor Insurers’ Bureau of Ireland (MIBI). The MIBI was established in 1955 by an Agreement between the Government and the companies underwriting motor insurance in Ireland for the purpose of compensating victims of road traffic accidents caused by uninsured and unidentified vehicles, including e-bikes and e-scooters.
If you are considering moving forward with an e-bike accident claim for any personal injuries sustained it is advisable that you speak with an e-bike accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. An e-bike/e-scooter accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or Garda reports, where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist e-bike accident solicitor to help you with this.
When you decide you want to move forward with your e-bike/e-scooter accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the e-bike accident claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us to progress your case.
As soon as your solicitor has gathered all the information, your e-bike/e-scooter accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your e-bike accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with an e-bike/e-scooter accident claim you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an e-bike accident.
Special damages are out of pocket expenses incurred as a result of the e-bike accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in an accident, the material damage would be the damage to your e-bike/e-scooter.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsBeing involved in an e-bike accident, as a cyclist can be a traumatic experience, especially if you have suffered any personal injuries. The most common injury claims that can occur after an e-bike/e-scooter accident are:
We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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