E-Bikes in New York
Something that is common in the rest of the world had remained controversial in New York for the past decade. That is the use, ownership, and sale of electric bicycles—more commonly known as e-bikes. For the past decade, they remained illegal in New York City, whereas the rest of the State failed to address the legality of their use. While they were technically never “legal” they were also technically never “illegal”—they just remained in a grey area without any clear definition of their use. However, in April, 2020, all that changed and the law now permits New Yorkers to ride e-bikes throughout the State. New York City soon followed suit passing similar legislation for the use, sale and operation within the City.
Partner Daniel Flanzig has been working with the New York Bicycling Coalition for the last 8 years to help legalize e-bikes in New York. This, in addition to being the owner of two electric bike himself, makes him extremely familiar with the rules, use and value of an e-bike.
What Is An E-Bike & Why Do People Want to Ride Them?
E-bikes are bicycles equipped with a small motor, usually 750 watts, that assists a cyclist’s forward movement. While many cycling purists don’t believe them to be bikes, there are equally as many people who love their e-bikes. E-bikes provide access to cycling for people who may not have the physical ability to ride a bike. An e-bike offers access to steep roads that may be too difficult an assent for those on a traditional bike. It allows friends and significant others to join each other on rides when one may be a stronger rider than the other. And, to be honest, they are just fun to ride.
What Changed in New York?
The budget language created three classes of e-bikes:
Class 1 is pedal-assisted with no throttle;
Class 2 is throttle-assisted with a maximum speed of 20 mph;
and Class 3 is throttle-powered with a maximum speed of 25 mph.
Helmets would also be required for riders of Class 3 e-bikes. For further clarification, “throttle bikes” have a lever or throttle that allows the bike to be propelled forward without pedaling. The motor on a “pedal assist” bike only activates once the rider starts moving. It is important to know that the new law prohibits operation by anyone under the age of 16. It is now also illegal to operate an e-bike while intoxicated.
If conforming to the above classes, E-bikes are treated like a bicycle. If involved in a crash with a motor vehicle you will be entitled to no-fault benefits. A lawsuit for pain and suffering will also be the same as that involving a non-motorized bike.
Common Causes of E-bike Accidents
There are a variety of ways that accidents can happen involving an e-bike or e-scooter in New York.
Road Defects
There are numerous road hazards on New York roads and streets from uneven surfaces, debris in the roadways, and potholes. Any of these hazardous or dangerous conditions could cause an e-bike rider to collide with a motor vehicle or pedestrian, or to be thrown to the ground.
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"Daniel and his team are incredible professionals and very knowledgeable."Daniel and his team are incredible professionals and very knowledgeable about NYC/New York State bike law. Daniel was incredibly responsive and attentive during my multi-year incident. I was impressed with his knowledge about the NYC/New York State court system, as well as his relationships. He seems to know everyone in the field and is incredibly well respected. The process ended successfully, largely due to Daniel's expertise. I highly recommend his services.- Pavan R.
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"Dan and the team at Flanzig & Flanzig are exceptional."Dan and the team at Flanzig & Flanzig are exceptional. From the day of my incident to the final settlement, Dan and the entire Flanzig & Flanzig team were attentive and communicated all steps clearly. The process is not easy or fast (although mine seemed to progress quicker than others), and it was comforting to know I could focus on recovery while the Flanzig & Flanzig team took care of all the paperwork, court sessions, and negotiated a great outcome. Thank you, Dan and Team!!!- Bouker P.
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"I highly recommend working with them."Daniel Flanzig and his team have been a pleasure to work with. I experienced an unfortunate bike accident over the summer and Daniel and Shirley were nothing short of compassionate, clear, and organized while guiding me through the no-fault process. They have been incredibly responsive and easy to reach, no matter the question(s). I highly recommend working with them.- Alix M.
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"Flanzig & Flanzig should be your first call"If you’re a cyclist seeking justice after an accident, Daniel Flanzig and his team at Flanzig & Flanzig should be your first call.
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"Persistent and Professional"
I highly recommend Cathy if you’re looking for a lawyer who is persistent, professional, and truly cares about her clients. I was hit by a taxi cab while riding my bike, and the process to get a settlement took much longer than expected due to COV
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"Went above and beyond to get a favorable settlement"Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.- Jared
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"Daniel and his team made what was a stressful situation much less overwhelming"After being hit on my bike, Daniel and his team made what was a stressful situation much less overwhelming. Daniel himself explained everything thoroughly and I felt supported throughout the whole process with followup from his team. Super grateful to have found Daniel and wouldn't hesitate to recommend him.- Cody
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"Fantastic to work with"Daniel & team were absolutely fantastic to work with over a 4 year period after I was involved in a serious cycling accident.- Chris Aspinall
What Are Other Disadvantages of Electric Bikes?
Although there are many conveniences that come with electric bikes, like being able to get you from point A to point B faster and increasing your metabolism and core strength, there are also a number of disadvantages that consumers should note before taking one of these bikes for a spin. For one, of the 245 million injuries reported in a study conducted in 2017 by the United States Consumer Product Safety Commission’s National Electronic Injury Surveillance System, there were 3,075 e-bike injuries. This means there were .18 injuries per 10,000. In addition to the potential dangers, we have heard the following complaints about electric bikes:
- They are expensive (typically double the price of a standard bicycle) and they are expensive to repair.
- They take a long time to charge and the battery has a short lifespan.
- They are heavy and difficult to transport.
- The resale value of e-bikes is low.
- Their manufacturing is not environmentally friendly.
- The parts are complex and more specialized.
- The legal status is nebulous.
- The weight limit is usually set between 220-300 pounds, meaning they are not safe for all consumers to ride.
If you were involved in a crash on your e-bike, you have a right to seek compensation for your medical expenses, damage to your bike, and for your pain and suffering. Call the team at (888) 290-5994 or contact us online to find out how our legal services can help.
Why Choose Flanzig & Flanzig, LLP?
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Leaders in the Safe Streets Movement
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Committed Advocates for New York Cyclists
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Top-Rated New York Attorneys
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Dedicated to Helping Cyclists
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Free Consultations
