PROVO/OREM ELECTRIC BIKE ACCIDENT ATTORNEY—JAKE GUNTER. LET HIS 20 YEARS’ OF EXPERIENCE WORK FOR YOU. CALL/TXT (801) 373-6345 FOR A FREE CONSULT
Electric Bicycles, E-Bikes are super popular among teenagers and college students and are plenty dangerous due to their speeds. Utah Valley University and BYU both have huge student populations in the Provo/Orem area. 
There are some unique circumstances when you are hit by a car on your e-bike. Slightly different rules for Personal Injury Insurance (“PIP”), comparative fault and insurance often occur. Calling an experienced Utah bicycle accident insurance attorney can really help.
See this article on HOW TO PROVE FAULT.
The Utah Traffic Code defines electric bikes as follows.
“(18) “Electric assisted bicycle” means a bicycle with an electric motor that:
(a) has a power output of not more than 750 watts;
(b) has fully operable pedals on permanently affixed cranks;
(c) is fully operable as a bicycle without the use of the electric motor; and
(d) is one of the following:
(i) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling; and
(B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
(ii) an electric assisted bicycle equipped with a motor or electronics that:
(A) may be used exclusively to propel the bicycle; and
(B) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or
(iii) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling;
(B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and
(C) is equipped with a speedometer.
Utah Traffic Laws and E-Bikes.
Generally all the same laws that apply to bicycles apply to e-bikes. E-bikes always have to yield to pedestrians and cars are not supposed to get within 3 feet of your electric bike. You must always ride at a reasonable speed and can ride in bicycle lanes and ride across cross-walks.
Being Hit by a Car on Your Electric Bike
If you are hit on your e-bike by a car there can be terrible injuries. Who is at-fault will always be disputed by the insurance company. Regular bicycle accidents by themselves are favorites of insurance defense attorneys to defend. You will be challenged on liability and that is a really good reason to hire a
Utah bicycle accident attorney.
A proper liability work-up from the beginning is critical to not losing your E-bike accident case.
Adjuster Interviews for E-Bike Accidents.
Most certainly the insurance adjuster for the car that hit you will be calling. They will demand an adjuster interview. Never give an adjuster interview without an attorney in a electric bicycle accident. You should never give an adjuster interview in any disputed liability injury case.
You have a duty to cooperate with your own insurance company and provide an interview, but have no duty to provide one to the adverse carrier. Your own insurance company can wait until you get medical treatment and until you hire an attorney to give an interview.
Read this blog on how to VOID adjuster interviews.
Car Insurance in Electric Bike Car Accidents.
The general rule is that the car that hit you on your E-bike will be the primary liability insurance company. The general rule is that the car that hit you on you electric bike will also be the primary PIP insurance provider. Just like when cars hit pedestrians, bicycles or scooters, the primary PIP provider is that at-fault car. A secondary PIP provider could be your own car insurance covering your car back in the garage. For PIP to work this way, the car insurance policies must be Utah issued car insurance policies. If your are dealing with an out-of-state insurance policy, PIP often works the same way with a few differences.
Example 1. Car v. E-Bike Accident on State Street Orem. You are riding on the shoulder and are hit by a car making a turn off of State Street in Orem, UT. The car will claim that you were at-fault because you were going too fast. They will also claim that you not paying attention. The jury will ultimately tell the parties who is at-fault the most. If you are found to be 49% or more at-fault as the E-Bike rider you will receive nothing.
Example 2. Car Rear-Ends Electric Bike University Ave Provo. You are riding in the designated bike lane near University Avenue in Provo, UT and are rear-ended by a car. That car will be deemed 100% at-fault and their PIP benefits will cover up to the policy limits of medical pay. You also own a car back in your garage at the time of the accident. Your car’s PIP coverage can sometimes stack above the at-fault car’s PIP benefits.
PIP BENEFITS REGARDING E-BIKE ACCIDENTS IN UTAH?
The basic PIP benefits are: (1) Wage Loss at $250 per week or 80% of your actual wages, whatever is less. (2). Medical bill payment up to at-least the $3,000 state minimum of all medical bills reasonable related to the car collision. (3). Household services of $20 per day. Both the household services and lost wages must incur a two week consecutive period of lost wages and household services before they kick in and are capped at one year.
ACCIDENT RECONSTRUCTIONISTS.
Accident reconstructionists are specially trained engineers or former police detectives in determining fault in accidents. Accident reconstructionists form their opinions on eye-witness statements, depositions, court filings, skid marks, the on-scene police officer and any other relevant data.
Accident reconstructionists can be hired to help the jury decide who was at-fault and the mechanisms and forces of the accidents.