A surge in this common leisure activity is causing preventable death & serious injuries in England and Wales
The sales of e-bikes and e-scooters increasing year-on-year and so are the number of accidents involving e-bikes and e-scooters.
Limiting the use of privately owned e-bikes in public places to a speed of 15.5mph and making the use of privately owned e-scooters in public places completely illegal in the UK is clearly not having the desired effect.
The question is what more could be done to reduce the risk of death and serious injuries?
The BBC News website recently published an article reporting that the level of compensation that has been paid out to those who have been injured by e-bikes and e-scooters in the UK has exceeded £100m.
The increase in the number of deaths and injuries involving the use of e-bikes and e-scooters is not a phenomenon restricted to the UK but a worldwide issue. The article tended to focus on individuals being injured by e-bikes and e-scooters. The reality is that the number of e-bike and e-scooters users who have died or have been seriously injured far outweigh those individuals who have been injured by such users
The serious injuries sustained in such collisions commonly include fractured limbs, spinal fractures and even brain injuries
The shock of suddenly and unexpectedly being hit by a vehicle can be very traumatic which can, in some cases, develop into psychological disorders requiring specialist treatment.
Whether the injuries or loss suffered occurs by, or through use of, an e-bike or e-scooter the consequences for those affected remain the same.
The BBC news article goes on to state that victims involving uninsured vehicles can claim through the Motor Insurers Bureau (‘the MIB’) for compensation.
However, this is not the only recourse. Victims can sue the individual in charge of that uninsured vehicle which usually results in a greater sum of compensation than that awarded by the MIB.
There is an argument that seeking to make the individual liable is not merely an option but compulsory to try and make them accountable for their own actions.
In some cases, if the individual cannot afford to pay compensation and a County Court Judgment is obtained, the victim may make a claim with their own insurer for satisfaction of the judgment.
Victims of an accident where the driver of a vehicle is unable to be traced may still be able to make a claim using the MIB Untraced Drivers Scheme.
In an age where society is acutely conscious about health and the environment, use of e-bikes and e-scooters is unlikely to slow and, in fact, ought to be actively encouraged.
However, such use must not continue without regard for people’s safety. The immediate action that could be taken by the Government to improve public safety and alleviate the financial burden on the MIB and insurers alike would be:
To improve infrastructure creating routes alongside roads and pavements where e-bikes and e-scooters can be used safely;
Compulsory registration of all e-bikes and e-scooters so that such vehicles must display a licence plate so that they can be identified by cameras creating accountability;
Compulsory Drivers’ tests and licences for users of all e-bikes and e-scooters and increasing the age restriction for such users from 14 to 17 to bring the age restriction in line with motor vehicles;
Making it compulsory for riders to wear a crash helmet to reduce risk of head injury.
In summary, the increased use of e-bikes and e-scooters is resulting in the increase of deaths and serious injury arising for such use.
Victims of such accidents do have recourse through making a claim through the MIB or through use of the Civil Justice System but compensation is no substitute for preventing such accidents in the first place.
However, rather than attempting to curtail use of such vehicles, the UK Government could improve the current infrastructure for safe use of e-bike and e-scooters and improve legislation for the use of such vehicles so that it is more in keeping with the use of motor vehicles in general.
This blog was written by Craig Shipp, a Solicitor who is Head of Litigation at Bellavia & Associates and who has over 20 years of experience in personal injury claims. If you have been affected by any of the issues mentioned within this blog and would like some legal advice or representation then please do not hesitate to contact Craig by telephone on 01633 988123 or by email: craig@bellavia-associates.com.