Injured on an E-Bike or E-Scooter in Ontario?

By Kevin Souch

E-bikes and e-scooters have become increasingly popular. Unfortunately, as their popularity has risen, so too have serious injuries from their misuse. Hospitals are seeing more spinal cord and traumatic brain injuries relating to e-bike and e-scooter accidents. Many of them are preventable.

What are they?

E-bikes and e-scooters use a motor to assist the rider. This means that they can reach higher speeds more quickly and sustain those speeds with less effort than a traditional bicycle or scooter.

What are the Legal Requirements to Ride One?

E-Bikes and E-Scooters:

• You must be 16 years old.
• You must wear an approved helmet.

  E-Scooters:

• In Waterloo Region, you cannot exceed a speed limit of 24 km/h while riding one.
• You may not ride with a passenger.

   

E-Bikes:

• You must follow the same rules of the road that apply to bicycles, such as not riding on the sidewalk.
• Unlike with e-scooters, you may ride with a passenger if the e-bike is designed with a separate seat for them. The passenger must also be at least 16 years old and wear an approved helmet.
• You must have insurance if the e-bike passes certain thresholds. However, these kinds of e-bikes are not permitted in Ontario.
• You must adhere to local bylaws. For example, in Waterloo Region you can only ride e-bikes on regional roads with a speed limit of up to 50km/h, unless the road has a designated bike lane. If it does, you can ride there regardless of the posted speed limit.

Where am I Not Permitted to Ride an E-Bike or E-Scooter?

• Sidewalks.
• Roadways with a posted speed limit of over 50 km/h that do not have adjacent bike lanes or multi-use paths.
• Anywhere that expressly prohibits the use of e-bikes or e-scooters.

Do I Need Insurance to Ride my E-Bike?

There are thresholds when e-bikes require insurance to operate. E-bikes that exceed any of these thresholds are not permitted in Ontario.

You need insurance if your e-bike:

• Operates at over 500 watts.
• Can reach speeds over 32 km/h.
• Weighs more than 120 kg (about 264 lbs).

Under the Insurance Act, if you operate an e-bike that exceeds one of the above thresholds without insurance, you lose the right to sue even if you are injured in an accident and were not at fault.

Riding Checklist

• Do not make modifications to the e-bike or e-scooter that could reclassify the device.
• Do not remove the pedals as that makes the e-bike a motor vehicle.
• Wear bright clothing and reflectors to make yourself more visible to traffic.
• Do not charge your e-bike or e-scooter overnight as that can damage the battery.
• Never use damaged batteries.
• Avoid distractions while driving.
• Do not weave in and out of traffic.
• Stay as close to the right-hand side of the road as possible.
• If you need to use the sidewalk, walk your e-bike or e-scooter.
• Never drive while impaired.

What to do if you’re Injured from an E-Bike Accident

• Seek medical attention early and keep all medical records.
• Document everything right away, including getting photos and video of the collision scene, injuries, the device, and road and weather conditions.
• Get witness information, including names and contact information of anyone who saw the accident.
• Report it if another vehicle or rider was involved.
• Preserve the device. If there was a defect, this can be useful for your claim.
• Contact a Personal Injury lawyer.

If you or your child has been injured in an accident involving an e-bike or e-scooter, contact an experienced Personal Injury lawyer like those at Sorbara Law for a FREE NO OBLIGATION CONSULTATION. ksouch@sorbaralaw.com or call at 519-741-8010

Authored by Kevin Souch and summer law student Phillip Psutka