An electric motorcycle is a type of motorcycle like any other. At the same time, petroleum products power regular motorcycles, and a battery or fuel cell powers an electric motorcycle.
It functions the same way as a regular motorcycle. However, electric motorcycles are stealthier because they make fewer sounds and can speed up faster than regular motorcycles. Thus, electric motorcycles can also cause accidents, just like regular motorcycles.
Certain nuances to the laws guiding personal injury claims from electric motorcycle accidents exist. The reason for such nuances is tied to the components of an electric motorcycle and how different they are from regular ones.
These components also make the cause of electric motorcycle accidents different from that of regular motorcycles. For example, an electric motorcycle engine may begin to heat up excessively while driving, causing drivers to panic. Further, it can be difficult to hear any sound from an electric motorcycle, so pedestrians may see the vehicle coming too late to swerve off the road.
Both the driver and the other party involved in the accident may suffer severe personal injury. Injuries involving electric motorcycle accidents are the same as those of regular accidents.
Types of Accidents That May Occur Involving Electric Motorcycle
Driving under the influence: Just like with regular motorcycle accidents, electric motorcycle drivers can also drive under the influence of alcohol. It may affect their speeding and make them drive over the speed limit. It may also impair their vision, and they may collide with another vehicle or a pedestrian.
Collision: A collision may also occur when driving an electric motorcycle. A collision is when two automobiles collide head-on. It may lead to severe fatalities like broken bones, broken neck, spinal injury, or death.
Bad or uncompleted roads: Roads under construction or with large potholes are dangerous for motorcycles. It may lead to fatal accidents and severe fatalities.
Taking turns and overtaking: Drivers may run into another vehicle or a pedestrian when they turn in a blind spot. The quietness of an electric motorcycle contributes to the probability of this happening. They may also crash in trying to overtake another vehicle in a broken lane.
The Liable Party for an Electric Motorcycle Accident
Some factors contribute to determining who the liable party is. To know who to hold liable, you must first ask three questions.
1. Did the accident occur because the electric motorcycle has a defect?
2. Did the accident occur due to the negligence of the driver?
3. Did the accident occur due to negligence of others?
If the answer to the first question is yes, then the manufacturer becomes liable. If the answer is yes to the second question, then the driver of the electric motorcycle is liable. If the third question has an affirmative response, liable parties may include pedestrians or the driver(s) of another vehicle(s).
The Legal Action to Take
Electric motorcycle accidents also have laws guiding them. However, to determine the appropriate legal action, you need to know the liable party, jurisdictional legislation, and the fatality of injuries sustained.
The injured party may file a lawsuit and receive financial compensation. Such compensation is dependent on the severity of the injury, the bills incurred, lost financial income, and other damages.
“If the accident resulted from a defective product, you may file a class action lawsuit. The manufacturer is the liable party in this instance. If the lawsuit is successful, the manufacturer will compensate not only you but also other users who have suffered accidents due to the defective product,” says personal injury attorney Rustin Smith of Smith Hulsey Law.
Steps to Take When in an Electric Motorcycle Accident
Due to the uniqueness surrounding electric motorcycles, the laws guiding such accidents slightly differ from those of regular motorcycles. However, the steps to take when involved in an electric motorcycle accident mirror those of regular motorcycle accidents.
First, you should file a police report, seek medical attention, and do not discard the records and bills incurred. After this, you should write down a detailed report of what happened.
Ensure to do this immediately after receiving medical attention. This is because the memory of the event is still fresh, and you can give accurate details. Write down what happened before, during, and after the accident.
Is an Attorney Necessary?
Lawyers know areas of the law that you may otherwise not know. A reputable lawyer, especially one that is knowledgeable about electric motorcycle personal injury, will know the appropriate steps to take upon reviewing your case. A lawyer will also help you state your case for proper compensation.
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