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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The team here is nothing short of phenomenal. I reached out about my case on a Sunday afternoon from the hospital and we spoke before the evening was over. Since then, they have been happy to answer any question I have, and walked me through the entire process from handling my no-fault insurance to ultimately getting a settlement offer.
To any cyclist in search of a lawyer who understands the challenges of biking in this city, look no further than Daniel and his team.- Conor -
Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D.
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If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R.
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Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude.- Marty Keiser -
I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W.
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Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.- Efren V.
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Daniel and his team made the whole unfortunate experience a lot smoother, ultimately securing a settlement above my expectations. Recommended!- Chris S.
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I could not recommend Flanzig & Flanzig more highly for their expertise, skill, professionalism, and care. After being hit by a car, I was hospitalized for a month due to multiple fractures and surgeries and had to undergo intensive physical therapy—during which time Daniel and his team took care of all the medical billing, insurance claims, and legal paperwork so that my family and I could focus on my recovery. Throughout the duration of the matter, Daniel and his team continued to handle all the legal heavy lifting and logistics/administration so that I wouldn’t be burdened, and Daniel was always communicative and proactive in providing updates and answering my questions. Thanks to Daniel’s work, experience, and capability, I received a much more significant settlement on a much faster timeline than expected. I’ve recommended Flanzig & Flanzig to other friends seeking a personal injury attorney, and I am incredibly grateful to Daniel and his team for their continued work and care. Their time, understanding, and expertise mean so much to me and my family for making an incredibly stressful and taxing situation much easier.
- Kathryn L.
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