E-bikes have been around for more than 100 years; but in the past few years their popularity (and the popularity of e-scooters) has exploded – and with good reason. These micromobility products are convenient, accessible, versatile, environmentally-friendly, and increasingly affordable ways to travel and to take part in recreational activities.
But the proliferation of e-bikes and e-scooters on Ontario’s streets and sidewalks has not come without a downside. Rates of injuries sustained by riders, other road users, and pedestrians have grown alongside these compact electric vehicles. While many injuries are relatively minor, some accidents (particularly collisions with other motor vehicles) can result in compound or open fractures, or even catastrophic impairment from amputations, brain injuries, and spinal cord injuries.
E-bike and e-scooter personal injury cases can be legally complex. If you or a loved one has been seriously injured in one of these accidents, ensuring your right to fair compensation is protected can be critical to your long-term wellbeing.
Howie, Sacks & Henry’s experienced e-bike and e-scooter lawyers can help you understand your rights and options and offer trusted legal advice as you consider your path toward recovery. At a time when you may be confused, scared, or uncertain about what the future holds, our team can show you that with HSH on your side and by your side, Hope Starts Here.
E-bikes and E-scooters in Ontario
E-bikes are power-assisted bicycles. These vehicles have an electric motor, working pedals, two or three wheels, a handle bar for steering, and braking systems. If pedals are removed, the e-bike is deemed to be a motor vehicle that requires the appropriate licence, registration and insurance to drive.
In Ontario, e-bikes must also have:
- a maximum assisted speed of 32 km/h
- an electric motor that does not exceed 500 watts
- no modifications that result in speed or power over these limits
- a maximum weight of 120 kg
- a securely fastened battery and motor
- properly insulated terminals
- minimum wheel width of 35 mm and minimum diameter of 350 mm
- two independent braking systems that apply force to each wheel and are capable of bringing the e-bike (when operated at a speed of 30 km/h), to a full stop within nine metres, on a level asphalt surface, from the point at which the brakes were applied
To ride an e-bike in Ontario, a person must:
- be 16 or older
- wear an approved helmet
- keep their e-bike in good working order, and
- follow the same rules of the road as other cyclists
- not travel on certain provincial controlled access highways or on certain roads/sidewalks if there are municipal by-law prohibitions
E-scooters are electric-propelled kick-scooters/standing scooters. In Ontario, an e-scooter must have:
- two wheels (one at the front and one at the back)
- a platform to stand on
- a handlebar for steering
- an electric motor that does not exceed 500 watts
- a maximum speed of 24 km/h on a level surface
The province has put in place a pilot project (running until November 27, 2029) which permits municipalities to permit or prohibit these vehicles. In addition to publishing suggested best practices guidelines, provincial regulations require e-scooters involved in the pilot project to:
- be a maximum weight of 45 kg
- have brakes
- have a horn or bell
- contain at least one front white light, one rear red light, and reflective material on sides
- have a maximum wheel diameter of 17 inches
- Not have pedals, a seat, a basket
E-scooter operators must:
- be at least 16 years old
- stand at all times while riding
- wear a bicycle helmet if under 18 years old
- not carry passengers or cargo
- not operate an e-scooter on controlled access highways
Common E-bikes and E-scooter accidents and injuries
The novelty of e-bikes and e-scooters combined with the vastly different regulations (or absence of regulations) in various jurisdictions has meant that research on accidents and injuries is only in its infancy. Still, some concerning patterns are becoming evident.
An analysis of e-bike injuries in the United States of America from 2000 to 2017 found e-bikes “were three times more likely to result in hospitalization when compared to traditional pedal cycles, with many e-bike related hospital discharges coded as internal injuries.”
Other recent research has found:
- the most common injuries among both electric and conventional bikes and scooters include abrasions, bruising, fractures, and head and neck injuries
- e-scooter riders sustain more internal injuries than conventional riders (who experienced more injuries involving their upper extremities)
- emergency room doctors have suggested frequent e-bike rider injuries consist of open fractures, polytrauma, traumatic brain injuries, spinal fractures, chest injuries, and solid organ injuries
- injured e-bike and e-scooter riders tended to be older than injured conventional bicyclists and scooter riders, and also more likely to engage in risky behaviours (for example: riding without a helmet, or riding under the influence of alcohol)
- Toronto’s SickKids Hospital Trauma Registry reported that in more than half of e-scooter related injuries brought to the Hospital’s emergency department between 2021-2024 the child or youth was not wearing a helmet
- e-bikes are three times as likely to be involved in a collision with a pedestrian than conventional bikes or e-scooters. Disability and seniors advocates have noted these populations are particularly at risk of collisions.
- the United States’ National Transportation Safety Board reported that “fatalities associated with e-bike ridership have also increased exponentially”
The reasons for the extent and severity of these injuries vary, but experts suggest some significant risk factors include:
- age (slower reaction times by older riders, inability of younger rider to adapt to quickly changing conditions)
- speed of travel (especially if modifications have been made)
- failure to wear protective gear
- distracted driving
- lack of safe cycling infrastructure
When You’ve Been Seriously Injured
Whether you suffered your injury while riding an e-bike or e-scooter or as a pedestrian or another road user, you may be entitled to benefits and/or compensation from an at-fault party.
Anyone in Ontario who was injured in an accident that included a motor vehicle is entitled to make a claim on the Statutory Accident Benefits Schedule (SABS). These benefits, which cover certain medical and rehabilitative expenses, are provided by your own motor vehicle insurer, another driver’s insurer, or the Motor Vehicle Accident Claims Fund. Although SABS would not be available to people injured in accidents involving only an e-bike or e-scooter (since neither is deemed to be a motor vehicle under Ontario law), if an e-bike modification has removed its pedals, it will be deemed to be a SABS-applicable motor vehicle.
If you were not at fault in the accident, or only partially at fault, you may also be able to advance a tort claim for damages against one or more at-fault parties. Tort claims are designed to compensate people who have experienced losses or damages due to the negligence of others. These losses or damages can be pecuniary (calculable expenses or lost income) and non-pecuniary (awards for pain and suffering). Tort claims can also be made against manufacturers or distributors if the e-bike or e-scooter is found to be defective and the defect caused or contributed to the accident or injury.
Not all injuries meet the threshold for legal action, but if you or a loved one has suffered any of the following injuries, it is worth contacting an experienced and reputable personal injury lawyer to review your case:
- Catastrophic impairment
- Traumatic brain injuries (TBIs)
- Spinal cord injury or other significant nerve damage
- Complex or open fractures
- Amputations
- Burns
- Severe scarring
Hope Starts Here
When you contact an e-bike or e-scooter lawyer at HSH LLP for a free, no obligation initial consultation, you’ll soon learn why we are recognized as one of Canada’s top personal injury law firms. Renowned for our legal acumen and commitment to our clients, HSH is capable of handling even the most complex and challenging cases.
If we believe we can help you secure compensation for the harm done to you, we will be honoured to offer our services as your trusted legal representative and tireless advocate. We understand that money can never completely replace what’s been taken from you, but it can help you during your recovery and give you the security and means to build your best life possible going forward.
To learn more about how we can assist you or your loved one following a serious e-bike or e-scooter injury, contact us today.
