The number of e-bikes and e-scooters zipping around our neighbourhoods is exploding. While these devices offer a convenient way to get around, they’re also leading to more injuries. This surge brings up important questions about safety, who’s responsible when accidents happen, and what the rules actually are. We’ll explore the growing pains of this new wave of personal transport.
The Rising Tide of E-Mobility and its Consequences
You see them everywhere now – buzzing on sidewalks and cruising down streets. This increase in e-bikes and e-scooters has naturally led to a rise in related injuries. It’s a trend that experts in disability and injury law are seeing firsthand in their daily practice.
Lawyer’s Stance on Children’s E-Mobility Use
Many legal professionals are deeply concerned about younger riders. Nainesh Kotak shares that he won’t even let his 11-year-old son ride an e-scooter. He’s seen too many cases involving these devices. Even though his son asks often, the answer is a firm no for any kind of scooter.
Hospital Recommendations and Age Restrictions
This caution isn’t just personal opinion. Last year, The Hospital for Sick Children issued a bulletin strongly advising against e-scooter and e-bike use for anyone under 16. Legally, it’s already against the law for those under 16 to ride these vehicles.
Legal Framework and Regulatory Gaps
Despite laws being in place, actual enforcement often falls short. You’ll frequently witness people ignoring the rules. For instance, Nainesh recently saw a father with his daughter, who looked about eight years old, standing on the front of his scooter as they rode.
Lack of Enforcement and Non-Compliance
This lack of adherence to regulations is a major issue. The law clearly states riders must be 16 to use these devices. If you’re under 18, wearing a helmet is also mandatory. Yet, many people simply don’t follow these guidelines.
Designated Riding Areas vs. Sidewalk Usage
Understanding where these devices are allowed is also confusing. E-bikes are generally permitted on roads or designated bike paths, much like regular bicycles. However, they should not be on regular sidewalks. The same applies to e-scooters.
Navigating E-Scooter Pilot Projects and Municipal Variations
E-scooters are technically illegal everywhere except in specific municipal pilot projects. Cities like Hamilton and Mississauga have them, but others, like Toronto, did not proceed with such programs. Even where they are allowed, they shouldn’t be used on sidewalks, though that’s where you often see them.
Differentiating Ride-Share vs. Privately Owned E-Scooters
We see two main types of e-scooters. Ride-share scooters can sometimes be safer because they use geo-fencing to keep riders within designated areas and have speed limiters. Privately owned scooters, however, can be modified, leading to much faster speeds.
Insurance and Liability Quandaries
Beyond safety, insurance is another huge hurdle. In places like Ontario, e-bikes and e-scooters are not considered motor vehicles. This means they don’t legally require insurance.
Recourse for Pedestrians Injured by E-Mobility Devices
Consider a pedestrian hit by an e-bike or e-scooter. Without mandatory insurance, that pedestrian has no recourse through their own auto insurance for accident benefits. Their only option is to sue the rider, hoping they have the assets to cover the damages.
The Need for E-Bike Insurance Solutions
This creates a significant problem. For e-bikes, insurance is definitely needed. Some insurance companies are starting to offer coverage, recognizing how new and popular these devices are.
Insurance for Courier Services and Employee Responsibilities
Food delivery workers often use e-bikes. Some services, like Uber Eats, seem to provide insurance for their couriers. It’s less clear if others, like Skip the Dishes, require couriers to arrange their own coverage. Safety and insurance remain major concerns.
Safety on the Road: Shared Responsibility
It’s also critical to understand the legal implications if you’re impaired. If you’re caught driving an e-bike or e-scooter while under the influence, the law treats it as a motor vehicle. This can lead to severe penalties. You could face criminal charges, lose your driver’s license, and get a criminal record.
Impaired Operation and Criminal Code Penalties
This distinction in the Criminal Code is important. Operating these devices while impaired carries serious consequences. Be very mindful of this when you’re on an e-bike or e-scooter.
Motorist Awareness and Pedestrian/Cyclist Safety
What happens if you’re driving and one suddenly appears? The rules of the road still apply. From a civil standpoint, there’s a reverse onus. If your car hits a pedestrian or cyclist, including someone on an e-bike or e-scooter, you’re presumed to be at fault unless you can prove otherwise.
The Challenge of Quiet E-Mobility Devices
Motorcycles are usually audible, but e-bikes and e-scooters are often surprisingly quiet. This makes it harder for drivers to hear them approaching. Increased awareness is absolutely key for everyone on the road.
Mutual Obligation for Road Safety
Safety is a shared duty. Drivers need to be extra careful, checking mirrors and blind spots diligently. At the same time, riders of e-bikes and e-scooters must follow the rules. They can’t just speed through stop signs or run red lights. Ignoring traffic laws can lead to serious safety issues.
Conclusion
As e-bikes and e-scooters become more common, there is a need to improve safety and clarify responsibilities. Knowing the rules, pushing for better insurance options, and being aware of each other on the road are vital steps. By riding safely and following traffic laws, we can create a more secure environment for everyone. If you have been injured due to an accident call the lawyers at Kotak Law today for a free and confidential consultation,
