Injured by an E-Bike? What You Need to Know as a Pedestrian

E-bikes have become an increasingly popular form of transport in the UK. With their rise in
popularity, it is no surprise that there were more than 250 collisions in London alone
involving e-bikes and other road users in a recent year. As a pedestrian, understanding your
rights is crucial if you are involved in a road traffic accident.

Understanding the Law: E-Bikes vs. E-Mopeds

The legal distinction between e-bikes and e-mopeds is crucial. A genuine e-bike, also known
as an Electrically Assisted Pedal Cycle (EAPC), is simply a bicycle with a motor. To be
legal in the UK, it must meet three key requirements:

• It must have pedals that can be used to propel it.
• The electric motor must have a maximum continuous rated power of no more than
  250 watts.
• The electrical assistance must cut off when the bike reaches 15.5 mph.

If an e-bike meets these rules, it can be used on roads and in cycle lanes, just like a regular
pedal bike. The rider must be at least 14 years old, but they do not need a licence, insurance
or to wear a helmet by law.

If an e-bike does not meet these requirements—for example, if the motor is more powerful or
it can be powered by a throttle at over 3.7 mph without pedalling—it is classified as a moped
or motorbike. This means it must be taxed, registered, and insured, and the rider must have a
valid licence and wear a helmet.

What If I’m Hit by an E-Bike as a Pedestrian?

If you are a pedestrian and are struck by an e-bike, it’s highly likely the rider will not have
insurance, as it is not a legal requirement for EAPCs. This means you would have to pursue a
claim for your injuries and losses directly against the individual rider.

Because legal e-bikes are not classed as motor vehicles, the Motor Insurers’ Bureau
(MIB)—which compensates victims of uninsured drivers—is generally unable to assist.
This can be a significant issue if the e-bike rider has no assets to pay a claim, making it
difficult to recover compensation.

However, there are exceptions:

• Modified E-Bikes: If the e-bike has been modified and falls outside the legal
  definition of an EAPC, it may be treated as a motor vehicle. In such a case, the MIB
  might be able to help.
• Vicarious Liability: If the rider was acting in the course of their employment (e.g., as
  a food delivery driver), you may be able to pursue a claim against their employer. This depends on the legal relationship between the employer and the rider, but it can
  be a vital avenue for compensation.

Your Steps After an E-Bike Accident

If you are a pedestrian involved in a collision with an e-bike, follow these steps to protect
your position:

1. Obtain all the details of the rider: Get their name, address, and contact information.
3. Record information about the e-bike: Note the make and model, and if you can,
   take a photo. If you have any reason to believe it has been adapted or modified, make
   a note of this.
4. Get the employer’s details: If the rider was a delivery driver, get the name of the
   company they work for.
5. Seek medical attention: Your health is the priority, and your medical records will be
   crucial evidence.
6. Get legal advice: The law in this area is complex. An experienced solicitor can help
   you determine if you have a valid claim and who to pursue it against.
   At ASD Solicitors, we can help you understand your rights and guide you through the
   process. We may be able to assist on a ‘no win, no fee’ basis, so you have nothing to lose by
   getting in touch.

For further information or to discuss your specific situation, please contact Chris Chappell at
[email protected].

For advice related to the value of your claim please call 0114 2678780.  You can also mail Richard Meggitt at [email protected], or complete our online form today.