Jefferson County · Louisville Metro
Louisville E-Bike Accident Lawyers
E-Bike Accidents in Jefferson County
People looking for a Louisville e-bike accident lawyer tend to bring the same two questions after a car hits them. Who pays the medical bills? Does the bike’s motor change the answer? Kentucky law answers the first question more clearly than the second. Sam Aguiar Injury Lawyers handles e-bike cases for riders hit by cars, trucks, and delivery vans across Jefferson County.
An e-bike case differs from a pedal bike case in three places. The first is how Kentucky law classifies the bike. The second is how Personal Injury Protection (“PIP”) pays. The third is which other insurance policies apply. Pedal bike cases start from Kentucky treating a bicycle on the road much like other traffic.
Kentucky E-Bike Definitions
Kentucky’s statutes do not define an electric bicycle. They do not sort e-bikes into classes either. The definition sections in KRS 186.010 and KRS 189.010 cover mopeds, motorcycles, and low-speed scooters. Neither one names an electric bicycle. So an e-bike case is measured against the five definitions below.
Bicycle. Kentucky’s bicycle safety regulation, 601 KAR 14:020, defines a bicycle as a device with a seat “propelled primarily by human power.” It does not say how much a motor can add before a bike fails that test.
Moped. KRS 189.285 defines a moped as a motorized bicycle with no more than two brake horsepower and a 50 cubic centimeter engine. Its top speed is 30 miles per hour or less. The definition is written in engine terms, not battery terms. Kentucky law classifies mopeds separately from motorcycles, with distinct registration, licensing, and insurance requirements.
Electric low-speed scooter. KRS 189.010(26) covers a device that weighs less than 100 pounds and is built to be stood or sat on. It runs on an electric motor, human power, or both. Its top design speed is 20 miles per hour.
Motor vehicle for insurance purposes. The Motor Vehicle Reparations Act, KRS 304.39-020(7), defines a motor vehicle as one “propelled by other than muscular power.” It leaves out mopeds and low-speed scooters. The definition does not mention electric bicycles.
Low-speed electric bicycle. Federal law, 15 U.S.C. § 2085, defines one as a two- or three-wheeled vehicle with working pedals and a motor under 750 watts. On the motor alone, its top speed is under 20 miles per hour. The law treats these bikes as consumer products under Consumer Product Safety Commission rules.
Louisville Riding Rules
Louisville Metro Code § 74.02 names electric bicycles directly. No one 11 or older may ride a bicycle or an electric bicycle on a Louisville Metro sidewalk. In the Downtown Form District, no one of any age may ride either one on the sidewalk.
The same section sets rules for carrying a child. The child must wear a helmet that fits and is strapped on, or ride in a closed bike trailer that protects the head.
On the street, state rules cover lights after dark, lane position, and the three feet a passing driver must give a rider.
Personal Injury Protection for E-Bike Riders
PIP is Kentucky’s no-fault benefit. Under KRS 304.39-030, a person hurt in Kentucky through the use of a motor vehicle has a right to these benefits. The exception is a person who rejected the no-fault system in writing. Under KRS 304.39-020(2), the limit is $10,000 for one person in one accident.
KRS 304.39-050 sets the order of payment. A person riding in a car collects from that car’s policy. A pedestrian collects from the policy on the vehicle that struck the pedestrian. The statute calls anyone a pedestrian who is not making “use of a motor vehicle” when hurt. If that insurer does not pay within 30 days of getting evidence of the loss, the rider can turn to a policy that names the rider as an insured. The first insurer then repays that one.
A household auto policy can cover a rider who owns no car. KRS 304.39-020(3) counts a spouse or other relative who lives with the policyholder as an insured. That holds as long as no other PIP policy names the relative.
The open question for e-bikes sits in the definitions. If an e-bike is not a motor vehicle under the act, its rider fits the pedestrian definition. The act names only mopeds and low-speed scooters as exceptions. That makes the bike’s motor, top speed, and throttle facts in the case. Which PIP benefits apply depends on that classification.
Coverage Sources
The at-fault driver’s liability policy pays for losses PIP does not cover. KRS 304.39-110 sets the minimum at $25,000 for injury to one person and $50,000 for everyone hurt in one accident. It adds $25,000 for property damage. A single limit of $60,000 also meets the law.
When the driver has no insurance, the rider’s own auto policy or a household policy can pay. Under KRS 304.20-020, Kentucky auto policies include uninsured motorist coverage for the people they insure. A policyholder can reject it, but only in writing. A driver with too little insurance leads to an underinsured motorist case, which becomes available once the at-fault driver’s liability limits are exhausted.
Delivery Rider Accidents
Food delivery on an e-bike adds an app company’s insurance to the case. DoorDash Dashers are automatically eligible for occupational accident insurance coverage, but the policy only covers U.S. Dashers while making a delivery with DoorDash.
The delivery record shows whether the rider was on a delivery at the time of the accident. A driver who hits a delivery rider still answers through the driver’s own liability policy. One delivery case can involve the driver’s insurer, the app company’s accident policy, and PIP at once.
E-Bike Evidence
Kentucky statutes do not define an e-bike, so the bike’s own specs are evidence. The federal definition looks at motor watts and top speed. Kentucky’s moped definition looks at horsepower and top speed. The case file needs these records:
- The make, model, and serial number of the bike
- The motor label showing its wattage
- The controller or app settings for top speed and throttle
- The battery and any aftermarket parts
- Photos of the bike and the car where they came to rest
- Medical records, bills, and insurance letters
An unrepaired bike still shows both its damage and its settings.
Why Choose Sam Aguiar Injury Lawyers?
Sam Aguiar Injury Lawyers was founded on October 1, 2010. It handles Kentucky injury cases from offices in Louisville and Lexington. Every client gets a dedicated three-person team: an attorney, a case manager, and a legal assistant. Every case carries the Bigger Share Guarantee®.
The fee never increases, even if the case goes to trial. Clients pay $0 out-of-pocket forever. Sam is one of two Kentucky attorneys named to the Forbes Best-In-State list. The firm has over 1,000 Five-Star Google reviews.
Hurt on an E-Bike in Louisville?
An e-bike case can involve a car’s PIP, a household auto policy, and a delivery app’s coverage at the same time. Insurance companies are about protecting their bottom line. We’re about protecting you. Sam Aguiar Injury Lawyers handles every insurer and every form so you can focus on getting better. With our Bigger Share Guarantee®, you always get more. Call today for a free case review.
Frequently Asked Questions
1Does Kentucky law define an electric bicycle?
No. Kentucky statutes do not define an electric bicycle or sort e-bikes into classes. KRS 186.010 and KRS 189.010 define mopeds, motorcycles, and electric low-speed scooters. 601 KAR 14:020 defines a bicycle as a device with a seat “propelled primarily by human power.”
2Who pays an e-bike rider’s medical bills after a car accident in Louisville?
Kentucky PIP pays first, up to $10,000 for one person in one accident under KRS 304.39-020(2). For a person who was not using a motor vehicle, KRS 304.39-050 points to the policy on the vehicle that struck that person. If that insurer does not pay within 30 days of getting evidence of the loss, a policy that names the rider as an insured pays.
3Can an e-bike be ridden on the sidewalk in Louisville?
Not by a rider 11 or older. Louisville Metro Code § 74.02 bars riders 11 and older from riding a bicycle or an electric bicycle on Louisville Metro sidewalks. In the Downtown Form District, it bars riders of any age.
4How much liability insurance must a driver who hits an e-bike rider carry in Kentucky?
KRS 304.39-110 requires at least $25,000 for injury to one person and $50,000 for everyone hurt in one accident. It also requires $25,000 for property damage. A single limit of $60,000 also meets the law.
5Does DoorDash insurance cover delivery riders hurt on e-bikes?
Only during a delivery. All U.S. Dashers are automatically eligible for occupational accident insurance coverage, and the policy only covers U.S. Dashers while making a delivery with DoorDash.
6How does federal law define a low-speed electric bicycle?
15 U.S.C. § 2085 defines it as a two- or three-wheeled vehicle with working pedals and a motor under 750 watts. On the motor alone, its top speed is under 20 miles per hour. The law treats these bikes as consumer products under Consumer Product Safety Commission rules.
