E-Bikes vs. Motorcycles: What Happens After Accidents in South Carolina?

E-bikes have come a long way in recent years. Today, many would argue that they are virtually the same thing as motorcycles – especially due to their breakneck top speeds. Some models can reach top speeds of 70 miles per hour, which is faster than many of the slowest motorcycles. Putting the tech specs aside, it is important to consider how these two vehicles differ in the context of South Carolina motorcycle accident lawsuits.

E-Bikes and Motorcycles Have Different Insurance Requirements 

Perhaps most notably, there are different insurance requirements for e-bikes and motorcycles. Liability insurance is mandatory if you ride a scooter with an engine of over 50cc. This insurance is also required if you ride a motorcycle. In contrast, you do not need liability insurance for low-speed mopeds, e-bikes, e-scooters, and similar vehicles.

Your insurance is often your first source of financial support after an auto accident. That being said, you may be able to hold a negligent driver accountable for causing your accident – even if you lack insurance. This is called a personal injury lawsuit, and you can take this course of action if a reckless driver struck you while riding your motorcycle or e-bike. For example, you might sue a drunk or distracted driver for veering into your bike lane.

Different Regulations Could Affect Comparative Negligence

 One thing to consider is a concept called “comparative negligence,” which allows you to sue even if you partially caused your own accident in South Carolina. However, your total compensation may be lower depending on your level of fault. When determining your level of fault, insurers and courts may consider whether you violated any traffic violations.

Different traffic regulations apply to both motorcycles and e-bikes. Generally speaking, your vehicle must be capable of reaching at least 45 miles per hour if you want to drive it on the highway. You may receive a traffic ticket if you drive below the minimum speed on a US highway – and this certainly applies to e-bikes, scooters, and low-power mopeds.

There may also be different requirements for lights, mirrors, and helmets depending on what kind of vehicle you choose. If you get into an accident and you unwittingly violate these requirements, this could affect comparative negligence. This issue is particularly confusing because e-bikes do not yet have a specific vehicle “classification” in South Carolina.

Can a South Carolina Motorcycle Accident Lawyer Help? 

If you were injured in either an e-bike or motorcycle accident, an experienced Charleston motorcycle accident attorney may be able to help. Choose Mickelsen & Dalton, LLC – and learn more about your legal options during a consultation. The questionable legal status of e-bikes in South Carolina makes these situations difficult to navigate without legal guidance. That being said, you should always have the right to hold negligent parties liable for causing your injuries. Call today to begin this process.

Sources: 

sc.edu/about/offices_and_divisions/law_enforcement_and_safety/documents/mopeds-scooters-and-motorcycles.pdf

valuepenguin.com/south-carolina-moped-laws-scooter-insurance