E-bikes and e-scooters are becoming a common sight on Michigan streets, offering quick, eco-friendly ways to get around. But as more people turn to these micro-mobility options, crash risks are rising, and so are injuries. In fact, a recent study revealed that electric bicycle injuries increased by nearly 100%, while electric scooter injuries rose by more than 45% annually between 2017 and 2022.
These numbers highlight a growing concern, especially in busy areas where cars, bikes, scooters, and pedestrians share the same space. There’s often confusion about what happens when accidents occur. For instance, if you’re injured while riding an e-bike or electric scooter, does the Michigan no-fault auto insurance law apply?
Let our local Muskegon motorcycle attorney elaborate on how micro-mobility fits into the Michigan no-fault system and what you should know if you’re ever involved in an e-scooter collision or e-bike crash.
Micro-Mobility on Michigan Roads—Definitions & Growing Risk
Under the Michigan Vehicle Code, an electric bicycle is defined as a device with a seat or saddle, fully operable pedals for human propulsion, and an electric motor not exceeding 750 watts. E-bikes are further categorized into three classes:
- Class 1
The motor provides assistance only when you are pedaling and stops assisting when you reach 20 miles per hour.
- Class 2
The motor can propel the bicycle up to 20 miles per hour, even without pedaling, but it disengages when the brakes are applied.
- Class 3
The motor assists only when you’re pedaling and stops assisting when you reach 28 miles per hour.
On the other hand, e-scooters are often categorized as a form of electric skateboard, a wheeled device with a floorboard designed for standing, no more than 60 inches long and 18 inches wide, designed for one person, with an electric propulsion system of no more than 2,500 watts, and a maximum speed of 25 miles per hour.
These micro-mobility devices aren’t considered motor vehicles, but still share the road with other vehicles, increasing risks of crashes in several common scenarios, including:
- Bike Lanes Incidents
While bike lanes are intended for safety, conflicts can arise between faster e-bikes or e-scooters and traditional bicycles, or when motor vehicles fail to respect the lane.
- Mixed-Traffic Collisions
In busy urban areas, e-bikes and e-scooters share space with cars, trucks, and buses, increasing the likelihood of an accident, especially at intersections or during lane changes.
- Dooring Accidents
These common and dangerous accidents happen when an occupant of a parked car opens the door into the path of an oncoming e-bike or e-scooter rider.
- Road Hazards
Potholes, cracks, debris, and other road hazards, which might be minor annoyances for a car, can cause an e-bike or e-scooter rider to lose control and crash.
As electric bikes and scooters become more popular, so do the chances of being involved in a crash. That’s why it’s important to understand the legal protections available to you.
No-Fault Basics Reframed for E-Bikes and E-Scooters
Michigan is a no-fault state, meaning the insurance company typically pays for your medical expenses and other economic losses after a car accident, regardless of who was at fault. However, when it comes to e-bikes and e-scooters, the application of these rules can be different, depending on the circumstances.
Generally, if you are involved in a collision with a motor vehicle, such as a car or truck, while riding an e-bike or e-scooter, you’re entitled to no-fault Personal Injury Protection (PIP) benefits to cover your medical expenses, lost wages, and certain rehabilitation costs, subject to the policy limits and any applicable deductibles or exclusions.
However, if your accident is solely between e-bikes or e-scooters or involves a single rider incident, you won’t have no-fault PIP benefits available. In these cases, your medical expenses fall under your personal health insurance, or you can pursue a personal injury claim based on negligence against the at-fault party.
When you are entitled to no-fault benefits because a motor vehicle was involved, the Michigan no-fault law establishes a priority of coverage to determine which insurance company is responsible for paying your PIP benefits. For an injured e-bike or e-scooter rider, the order of priority is:
- Your own auto insurance policy
- The auto insurance policy of your spouse
- The auto insurance policy of a resident relative
- The auto insurance policy of the owner or driver
It’s important to note, though, that under the recent Michigan PIP reform, drivers now have the option to choose lower limits of PIP medical benefits, and payouts are capped at those levels. That means if you are injured in an e-bike or e-scooter collision with a motor vehicle, your coverage for medical expenses might not be enough.
Special Liability Hurdles: Speed Caps, Helmet Statutes, and Comparative Fault
Even when you’re entitled to no-fault insurance benefits, there are limitations, and you might need to pursue additional legal action to fully recover your losses. If your medical expenses, for instance, go beyond the limits of available PIP coverage, you have the right to file a third-party personal injury lawsuit against the at-fault party.
But remember, Michigan operates under a comparative negligence system, meaning if you are partly at fault for the accident, your compensation can be reduced by your percentage of fault. Also, if you’re more than 50% at fault, you might not be able to recover non-economic damages, including pain and suffering, at all.
Furthermore, certain actions can impact your claim. For example, exceeding 25 mph on an electric scooter can be used as evidence that the rider was operating in an unsafe or unlawful manner, while ignoring helmet requirements can be seen as contributing to the severity of your injury, potentially reducing your compensation.
In other words, even if you were hit by a motor vehicle, the details matter. Your speed, safety gear, and actions in the moments leading up to the crash can influence how much you can recover. Having a competent Muskegon motorcycle attorney on your side ensures your rights are protected and you receive fair compensation for your injuries.
Get a Case Review From Shafer Swartz, PLC
If you’re unsure whether you qualify for Michigan PIP benefits after an e-bike or e-scooter collision accident, or if you want to pursue a lawsuit for additional damages, Shafer Swartz PLC is here to provide legal guidance. Our experienced Muskegon motorcycle attorney can thoroughly review your case, explain your options, and fight tirelessly on your behalf to secure a fair outcome. Contact us today at (231) 722-2444 or here to schedule a consultation. Let us help you make it right.