E-Bike/E-Scooter Accident Claims*

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.

What is an e-bike/e-scooter?

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. However, users are 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.

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Road Traffic and Roads Act 2023

What is the legal status of electric scooters?

The regulations allowing e-scooters on the roads form part of the Road Traffic and Roads Act 2023 and came into effect on 20 May 2024.

E-scooters are legal for those over 16 to use on roads as long as the e-scooter complies with certain specifications:

• E-scooters must not be used for carrying a passenger or goods.
• E-scooters can be used in cycle lanes and bus lanes but not footpaths or pedestrianised zones.
• E-scooters must have a maximum power output of 400 W or less, a maximum design speed of 20km/h and a maximum weight of 25 kg. These are the regular e-scooters used by the majority of people and are legal to use on public roads. Any e-scooter that goes over these parameters, i.e more powerful and heavier e-scooters, will remain illegal.
• E-bikes must have a maximum power output of 250 W or less, a motor that cuts off once pedalling stops and have a maximum speed of 25km/hr. These specifications apply to the vast majority of e-bikes people use. These will be treated the same as bicycles and will be permitted to use cycle lanes and bus lanes but will not be permitted for use on footpaths.

For more information, see the Road Safety Authority’s E-Scooters Frequently Asked Questions.

Common e-bike/e-scooter accident claims*

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:

• Rear-end Collision Claims*
• Hit and Run Claims*
• Roundabout Accident Claims*
• Uninsured Driver Claims*
• Accident with an Intoxicated Driver Claims*
• Accident with a foreign registered car claims*
• Side Impact Collision Claims*
• Minor Impact Road Traffic Accident Claims*

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What to do if I am involved in an E-Bike/E-scooter accident?

Following an e-bike/e-scooter accident, there are a number of steps you should follow:

1. Seek medical attention

   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.

2. Gather all relevant information at the scene

   It is important that you collect all the relevant information in connection with your accident:

   • Detail of the driver(s) that caused the accident/people involved: name, address, contact information, vehicle registration number and vehicle insurance information. You can also offer your own information to the others involved in the accident.
   • Name and contact details of any emergency service workers at the scene – paramedic/Gardaí.
   • Take a picture of the scene, from different angles; this will help your solicitor understand how the accident happened.
   • If there are any CCTV recordings of the accident, such as CCTV cameras in a nearby shop, for example, you should try to obtain this footage.
   • Record the time and date of the accident.
   • Weather conditions at the time.

3. Report the incident to the Gardaí

   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.

4. Speak to an e-bike/e-scooter accident claims solicitor

   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.