Though the record-keeping on e-bike injuries is inconsistent, anecdotal evidence and media interviews with emergency, trauma, and orthopedic departments suggest a new magnitude of danger on bike paths and roadways. Personal injury lawyers in Canada need to be aware of this growing situation and the many – sometimes conflicting – provincial rules for e-bikes.Dr. Charles DiMaggio, director of injury research at New York University’s Langone Department of Surgery and author of an analysis of data from 2000-2017, says e-bikes are three times more likely to result in hospitalization when compared to traditional pedal cycles. In Dr. DiMaggio’s study, e-bike accidents are also three times more likely to involve a collision with a pedestrian than traditional bikes or powered scooters.According to the U.S. Consumer Product Safety Commission (CPSC), estimated emergency department visits due to micromobility products (e-bikes, e-scooters and hoverboards) more than doubled from 2017 to 2021. The National Transportation Safety Board (NTSB) counted 53 deaths from e-bike accidents during the same period, and noted the “lack of complete, consistent and reliable data” that likely causes large underestimations of the real statistics. Injuries that are coded in the electronic medical record as “conventional” powered devices likely include e-devices.Accident and injury statistics will likely balloon as e-bike sales continue to rise.E-bikes can take riders from 20 km/h to nearly 50 km/h – faster than the average Tour de France rider. (A Google search yields over 700 thousand videos online explaining how to hack e-bike motors to go even faster.) Accident victims are ejected at high speed, but unlike motorcycle accidents, they’re often not wearing protective equipment.Generally, e-bikes weigh between 20 kg to over 35 kg, so the impact on a pedestrian can be catastrophic.According to trauma surgeons, e-bike injuries resemble those sustained in motorcycle crashes. Without hard data, here is an anecdotal collection of typical e-bike injuries:
- Patients more likely to have open fractures (the bones come out of the skin)
- A higher instance of polytrauma (more than one part of their body or more than one organ system is seriously injured)
- More serious injuries overall
- Patients needing to stay in hospital for longer and needing more surgeries
- Head and neck injuries
- Traumatic brain injury
- Spine fractures
- Chest injuries
- Solid organ injuries
- Extremity fractures
- ICU level of care
Older riders and pedestrians are more prone to serious injury, and don’t recover quickly from accidents. Young riders have likely never operated such a fast vehicle and lack the experience to handle emergencies safely.Risky and dangerous behaviors such as an impaired operator, ignoring traffic lights, and using cell phones while riding compound the problem. A Chinese study found links between these behaviors and e-bike related traffic injuries.
Provincial laws inconsistent
Personal injury lawyers will have a serious challenge assessing plaintiff cases. Nowhere in Canada is insurance required for an e-bike. Property insurance can cover damage or theft, but casualty/injury depends on the insurer. If injuries were caused from an accident with a pedestrian or cyclist, home insurance liability coverage might apply. If injuries were caused from an accident with a motor vehicle, accident benefits coverage from the car insurance policy will normally kick in. Whether the e-bike operator’s home or car insurance policy coverage comes into play will depend on the type of accident and who is considered at fault or responsible.The federal rules (which do not apply in Prince Edward Island, which has its own regulations) do not specify a minimum age for operation, licensing, or e-bike size:
- E-Bikes must have steering handlebars and fully operable pedals. The bike cannot be solely controlled by the battery and the engine must disengage when the rider stops pedaling.
- It is prohibited to modify the vehicle’s motor to create speeds greater than 32 km/h (20 miles/h)
- A classified e-bicycle must have an attached motor that runs on electricity, not gas.
- All riders must always wear a bicycle or motorcycle helmet when riding.
- Specific e-bike labelling is required stating that it meets all the necessary federal and provincial requirements.
Alberta – Identifies electric bikes as “power bicycles”, which aligns with the federal definition of “power-assisted bicycle”. Passengers are allowed on the e-bike only if it is equipped with a designated seat for the passenger. Riders must be 12 years of age or older, and there is no weight restriction.British Columbia – An e-bike is a “motor-assisted cycle”, meaning the vehicle must be able to combine human pedal power with electric motor assistance. Riders must be 16 years or older. All e-bikes are allowed on highways and class 1 e-bikes can ride on any trails that mountain bikes and other cycling is already allowed. Class 2 or 3 e-bikes can ride on trails and roads designated for motor vehicles.Manitoba – E-bikes must not have more than three wheels touching the ground. Riders must be at least 14 years of age.New Brunswick – E-bikes must have wheel rims larger than 22cm and the seat must be 68cm off the ground. It must have a headlight if the driver is operating at night. There is no minimum age for riding an e-bike.Newfoundland and Labrador – E-Bikes must be equipped with a red rear light, reflector, and white front light. Riders over the age of 18 do not need a license or registration, but riders between 14 and 17 need an authorized permit to operate a scooter, e-bike, or moped.Nova Scotia – Power-assisted bicycles are classified similarly to standard pedal bicycles. E-bikes are legally allowed on highways.Ontario – The e-bike’s maximum weight cannot exceed 120 kg, and it must be able to stop in a distance of nine meters. Riders must be 16 years of age or older. Municipalities are allowed to restrict where e-bikes can be used on their streets, bike lanes, and trails, and can restrict certain types of e-bikes. Riders can operate their e-bikes on most roads and highways where traditional bicycles are allowed. However, exceptions include 400-series highways, expressways, and other areas where bicycles are not allowed. Cyclists are also not allowed to ride on municipal roads, including sidewalks, where bicycles are banned under by-laws. E-bike riders are also not allowed to ride on trails, paths, and lanes where it is stated that e-bikes are prohibited.Prince Edward Island – E-bikes must follow the same rules as traditional bikes on roadways. A maximum power of 500 watts, and maximum weight of 120 kg, is allowed. Anyone 16 and older can operate an electric bike; a driver’s license, insurance and registration are not required.Quebec – E-bikes can have up to three wheels. Riders must be 14 and over; if under the age of 18 they must have a moped or scooter license (class 6D license). E-bikes can be used on all roads except highways (which includes exit and access ramps).Saskatchewan – Has two classifications for power-assisted bikes: an electric-assist bicycle, which uses pedals and a motor at the same time, or a power cycle that uses either pedals and motor or motor only. The power cycle must meet Canadian Motor Vehicle Safety Standards (CMVSS) for a power-assisted bicycle. The power cycle also requires at least a learner’s driving license. The electric-assist bicycle does not require a license or registration. Riders must be 14 or older.The territories fall under federal jurisdiction, so riders follow federal rules.Please check the ministry website in your province for more details.
