Florida Injury Lawyer Blawg
E-bike crashes have been splashed across newspaper headlines since their advent in 2020, creating an epidemic of injuries and deaths across the country.
Over the weekend in Palm Beach, another person was sadly injured by these dangerous modes of transport.
The incident happened Saturday around 11 p.m. when the E-Bike rider was heading west on Forest Hill Boulevard in West Palm Beach. An Audi driver was driving directly behind them in the same lane and the driver alleged in reporting from 12 News not to have seen the rider.
The E-Bike rider was transported to St. Mary’s Medical Center in critical condition.
Ira Leesfield’s Stance on E-bikes
Through his decades of personal injury practice, the firm’s Founder and Managing Partner, Ira Leesfield, has seen some of the most agonizing injury cases on state roads ranging from drunk driving cases to bicyclist deaths. This is why he was so outspoken about their dangers when E-Bikes and scooters became more prevalent, particularly in the last five years.
“Being unsightly may not be unforgivable, but landing innocent pedestrians or others in a neurosurgical coma is,” Mr. Leesfield wrote in an Op-Ed slamming the unregulated use of these micro-mobility machines. “Not to mention a slew of other reported serious injuries… Just ask those who work at Hospitals and Emergency rooms or walk-in medical facilities.”
These modes of transport have become increasingly common in recent years. E-bikes and E-scooters can be rented as easily as a few taps with next to little obstacles that would hinder underaged riders from being able to get behind the wheel, resulting in thousands of injuries and even some deaths around the country.
In the U.S., data from the Consumer Product Safety Commission states that there was a 21% increase from 2021 to 2022 in injuries involving these electric modes of transportation in the United States. Minors 14 years old and younger make up a “significant” amount of the reported injuries, according to reporting from CBS Miami.
The CPSC also reported that, in addition to crashes, the e-bikes also have issues with fires. Electric vehicle fires can burn hotter and longer than gas-powered fires and can be more difficult to put out and pose a significant threat to firefighters. While EV fires occur less frequently than traditional gas fires, they take a considerable amount of time and more water to put out. From January 2021 until November 2022, the CPSC reported at least 19 deaths as a result of fires involving the micro-mobility machines.
State law paves the way for these vehicles to be used anywhere a normal bike is allowed. This means riders are free to hop on these 30-mph machines on the road, in bike lanes, and on multi-use paths. Some municipalities, however, have enacted their own rules.
In Miami Beach, these motorized vehicles have been banned from all boardwalks and beach paths and a ‘zero tolerance’ policy was adopted by the Miami Beach Police Department last month for E-bikes on the beach pedestrian path, which stretches from Bal Harbour to South Pointe Park. In Key Biscayne, the vehicles have been temporarily banned from all roadways, sidewalks, beaches and bicycle paths, excluding Crandon Park and Bill Baggs Cape Florida State Park, as of May 14, 2024. The ban comes after the tragic death of a beloved teacher, 66-year-old Megan Andrews who was hit by a 12-year-old boy riding an E-bike in February.
Regulations like minimum age requirements, insurance, and helmet usage are all elemental when it comes to keeping both riders and pedestrians safe.
“[ In Florida,] we regulate the age and education of auto operators and even require insurance,” Leesfield said. “The E-bike operators and, more importantly, the distributors must play by some rules.”
Previous Cases
Leesfield & Partners has handled numerous cases involving injured bicyclists, drivers, and pedestrians alike. In over four decades of representing these clients in places like Key West, Orlando, and Miami, our attorneys have developed a strong reputation for their creative lawyering and stalwart dedication to achieving the best possible outcome in cases that have changed lives forever.
In a case involving a bicyclist who was hit while stopped on the shoulder of the Overseas Highway in Key West by a distracted driver, Mr. Leesfield secured a $5,350,000 settlement for the client. The driver in that case was distracted because they were fiddling with the car’s GPS.
Another Leesfield & Partners case of a pedestrian struck in the roadway resulted in severe injuries to the plaintiff after a pickup driver failed to see signs and the woman crossed the street in broad daylight. The woman was walking back to her office in the marked crosswalk when she was hit by a driver in a truck making an illegal left turn. The woman had severe injuries including skull fractures and brain hemorrhages as a result of the driver’s negligence.
The maximum recovery amount of $6 million was awarded to the client in this case.
In a record-setting verdict involving the devastating death of a family’s daughter and the catastrophic injury to their son at the hands of a drunk driver, Leesfield & Partners attorneys secured a $95 million verdict. The family in that case was on the way to drop off their daughter at the airport for her medical school’s orientation when they were hit head-on by the drunk driver who was speeding the wrong way down I-95. The damage done to the family that day at the hands of the negligent driver is irreparable and agonizing.
As a result of the crash, their son was left needing round-the-clock care A jury awarded $57 million to the son and $38 million to his parents.
