Can Parents be Held Liable for Their Child’s Negligence on an E-Bike?
As the parent of a child with an e-bike or e-scooter (“micromobility devices”), you may have questions about your liability in the event your child injures someone while riding their e-bike or e-scooter. The answer is “yes,” you may be held liable for your child’s negligence in certain circumstances.
In Texas, a parent may be liable for their child’s negligent act when a parent entrusts a child with a dangerous instrumentality, or when a parent fails to restrain a child known to be acting dangerously.
For example, you may be liable for your child’s negligence if you have been warned that your child is driving dangerously on the walking trails, and your child then injures someone by striking them. The key will be whether you knew or should have known of your child’s incompetence or recklessness with their e-bike.
Keep in mind that many people post images on social media of children “breaking the rules” or “near misses” while on e-bikes or e-scooters. Also, officers are sometimes called out to speak with riders who are behaving recklessly. If your child has been issued warnings by officers or is depicted behaving recklessly on social media, this evidence may be used against you if your child does injure someone.
Also, parents may be held liable if they entrust a dangerous vehicle to their child, such as an e-bike which is not street legal, either because the “governors” have been removed or because the vehicle otherwise exceeds the allowable speed limit and the child injures someone with the vehicle.
Will my insurance cover me if I am sued due to my child’s negligence?
According to The Woodlands insurance agent Chris Wehe, some homeowner’s policies may offer limited coverage for e-bikes. However, in many cases, there may be no coverage at all, especially for e-bikes that are not street legal. It may be possible to purchase an endorsement to the homeowner’s policy to cover the e-bike, but these endorsements may come with lower limits.
Mr. Wehe says a standalone e-bike policy is usually the best way to protect yourself, as it is specifically designed for this type of exposure. These policies generally provide coverage similar to a motorcycle or automobile policy, including physical damage, theft, vandalism, and liability coverage. In many cases, they can also include medical payments and uninsured/underinsured motorist coverage, offering much broader protection and fewer coverage gaps than a homeowner’s policy.
If you are the parent of a child with a micromobility device, we strongly urge that you consider purchasing a standalone policy to protect yourself, your child and others.
Which e-bikes are street legal?
E-bikes that are street legal have fully operable pedals with electric assist only. In other words, the motor may not propel the bike without pedaling. The maximum “assisted” speed is 28 mph. The riders of legal e-bikes may ride on streets with speed limits of 35 or lower and must obey all traffic laws. Riders under 18 must wear a helmet. No driver’s license is required for e-bikes.
On the other hand, electric motorcycles, dirt bikes and other motorized vehicles do not meet the definition of a “bicycle” if they do not have operable pedals, i.e., they can propel without pedaling, they can exceed 28 mph, or they are designed for off-road use. These are considered motor vehicles and require registration, insurance and a driver’s license. These vehicles are not allowed on sidewalks and bike paths. If you see these types of e-bikes on the roadway without license plates, they are not street legal and the drivers can be ticketed.
If you allow your child to ride one of these illegal devices on the pathways or roadways and your child strikes and injures someone, you may be held liable because arguably you are allowing your child to use a dangerous instrumentality. This may be characterized as “negligent supervision”.
Where can your children ride their e-bikes in The Woodlands?
Because The Woodlands is a township, it lacks full regulatory powers. The Woodlands “prohibits” motorized vehicles on its pathways, but it has no way to enforce this rule. Most parents don’t want their children riding e-bikes on the street (although it is legal on road with 35 mph speed limits or less) because they worry their children will be struck by a car. If you choose to buy your child an electric scooter or e-bike and allow them to ride on the walking paths, you risk being sued if they injure someone, and of course, there are risks that they will suffer an injury.
Given the fact that The Woodlands does not have dedicated bike lanes, there is as of now no viable solution that makes parents comfortable. Legislation has been proposed to address this problem, but this legislation has not passed. Given the prevalence of micromobility devices and accidents, it is likely only a matter of time before legislation is passed to address the issues.
What if my child is injured by someone while riding an e-bike or e-scooter?
If your child is injured due to the negligence of others, you may be able to sue the wrongdoer. However, if your child darts out in traffic without looking, or crosses the intersection without the right of way, then their negligence may bar any claim against the driver who struck them. Consider having your child wear a GoPro or other mounted video camera to record incidents. And of course, educate your child on safety rules.
How to protect yourself while walking on the pathways
Many pedestrians report near misses on the bike path, with e-bike riders whizzing around blind curves and nearly striking them. At times, there are riders in groups blocking the entire pathway. Some of the motorized vehicles travel more than 28 mph and are only legal off-road. And finally, because the e-bikes are so quiet, pedestrians may not hear them approach.
Wearing fluorescent or other bright colors, and attaching flashing lights to your gear, particularly if you are walking, may help prevent collisions. Consider wearing a GoPro or other camera to record incidents.
How common are e-bike and e-scooter injuries?
The
U.S. Consumer Product Safety Commission also reported that injuries involving micromobility devices, like e-scooters and e-bikes, have risen sharply, with over 360,000 ER visits from 2021 to 2023. Children and teens under the age of 15 accounted for a significant portion of these injuries, with the report showing that nearly 36% of all e-scooter and e-bike injuries during that period occurred in children under 14.
Falls causing fractures were the most frequent injury type for both sexes. Greater than 10% of patients required hospital admission. The high rate of vehicle-induced collisions emphasizes the need for additional regulations and legislation to protect e-bike riders and pedestrians.
Trauma centers continue to see severe injuries from ebikes. “We’ve seen a noticeable increase in emergency room visits from children injured while riding electric scooters,” said Krista Easley, MSN, RN, TCRN, trauma injury prevention and outreach coordinator at Baylor Scott & White McLane Children’s Medical Center. “Many of these injuries happen because kids are riding without helmets or on streets that aren’t designed for this kind of traffic. E-scooters are fast, and without proper safety gear or experience, even a small misstep can lead to a serious injury.”
Children are arriving in hospitals with broken bones, concussions, internal injuries and other traumas requiring surgery or ICU care.
What can e-bike riders do to be safe?
The Consumer Product Safety Commission has made the following recommendations for e-bike riders:
- Always wear a bicycle helmet when riding to protect your head in a fall.
- Before taking off, make sure to check for any damage, examining the handlebars, brakes, throttle, bell, lights, tires, cables and frame.
- Micromobility devices are typically small and quiet, making it difficult for others to see riders. Riders should:
- Expect vehicle drivers and pedestrians not to see them and slow down and stay aware of your surroundings.
- Use the bell/horn to alert others.
- Avoid abrupt, unpredictable movements.
- E-scooters have small tires, so objects and uneven surfaces can cause them to stop suddenly, throwing the rider.
- Always keep both hands on the handlebars and keep items off the handlebars.
- Slow down and lean back when traveling over bumps.
- Never ride under the influence of alcohol or drugs.
- Only one person per scooter; additional riders can increase the risk and severity of collisions.
- Follow all manufacturer directions, review the safety information and identify and weight and age limits for the micromobility device.
Consider enrolling your child in an online e-bike safety course. Here is an example of a course that is available.
Can the speed of e-bikes be adjusted?
According to manufacturers, the speed of an e-bike can be limited by lowering the battery voltage, adding speed limiters, or limiting the speed digitally. It is also possible to take steps to make the e-bike faster, which might violate laws and increase risks for the rider and pedestrians.
Parents should consider lowering the speed of the e-bikes to protect their children. However, at a minimum, parents should ensure that the speed “governors” are not removed.
If you or a loved one have been hurt in an accident involving an e-bike or an electric scooter, please contact the expert accident attorneys at Wham and Rogers, PLLC today by calling (832) 592-1108.
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
