Pedestrian struck by an e-bike on a sidewalk. E-bike rider hit by a car door (dooring). E-bike rider hit by a vehicle. Lithium battery fire injury at home or in an apartment building. E-bikes have exploded across NYC — delivery, commuters, app-based gig work. NY law classifies them into Class 1 (pedal-assist, 20mph max), Class 2 (throttle-assisted, 20mph max), and Class 3 (pedal-assist, 25mph max, only adults 16+). Each class has different rules, different liability profiles, and different insurance availability.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
E-bike spec sheet (class, max speed, throttle vs pedal-assist). Police accident report. NYC DOT crash data. If a delivery rider was involved, app records (DoorDash, Uber Eats, Grubhub) showing whether the trip was active. For lithium battery fires: FDNY incident report, battery seizure for product-liability analysis.
We negotiate against whichever policy applies: rider's homeowner/renter umbrella, the gig platform's commercial policy, the e-bike manufacturer/distributor (for battery fires or defective brakes), or the vehicle driver's auto policy if the rider was hit. We pursue every available source.
E-bike litigation is new and developing — many fact patterns lack settled precedent. We frame cases against the most favorable doctrine: NY pedestrian right-of-way law (driver duty toward bicyclists, which includes e-bikes), strict products liability for battery fires, or common-law negligence for sidewalk strikes. Battery-fire cases against Amazon and other distributors are particularly active.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
E-bikes are NOT covered by most personal auto policies — but homeowner's/renter's umbrella may cover Class 1 e-bikes under bicycle riders. Class 2 and 3 (throttle-controlled, faster) may require specific scheduled coverage. Commercial e-bikes used by DoorDash/Uber Eats riders may be covered by the platform's commercial policy during active deliveries. We map every applicable policy before suing.
Before filing, NY requires a New York civil procedure rule 3012-a certificate of merit signed by your attorney attesting that a qualified physician has reviewed the case and finds it meritorious. We arrange the expert review during intake.
Claims against NYC Health + Hospitals (HHC) facilities — Bellevue, Elmhurst, Kings County, Lincoln, etc. — require a 90-day notice of claim. Same deadline applies to SUNY hospitals. Call us before that deadline runs.
We answer 24/7. Free consultation. No fee unless we win.