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Open Medical Is A Bad Deal For Injury Victims
CPK LAW • Oct 01, 2018
For car accidents where their drivers are at fault, insurance adjusters are trained to do everything possible to try and settle with claimants before they speak with an attorney. Statistics show that on claims with an attorney insurance companies will pay out a great deal more money per claim. So the insurance companies want to entice claimants to settle directly with them before they ever speak to an attorney and learn about their rights under the law. For unrepresented laimants, adjusters used to offer “cash-outs” of between $250-$1,000 depending on the company and whether or not a claimant had already seen a doctor. If a claimant is either not injured but just inconvenienced by an accident or only went to the doctor once for a quick check-up, the cash-out method may be a fair solution. The problem is that the cash out method was not working for adjusters on claims where the injured party had already gone to the ER after the accident. A trip to the ER normally includes four bills–ambulance, hospital, ER doctor, and radiology. An ambulance ride alone normally costs $1,000. If an adjuster were to offer a cash-out of $1,000 to a claimant who went to the ER, not only would the claimant reject this amount, but also she would immediately hire an attorney. Since the goal of all insurance companies is to keep claimants from retaining an attorney, a new strategy was needed for accidents where a claimant had already received medical treatment. The insurance companies’ solution to this dilemma: Open Medical .
Open Medical is where the insurance adjuster will offer (1) a minimal amount for pain and suffering, between $500-$1,000 and (2) to pay reasonable and necessary medical bills of several thousand dollars, with time limitations set on treatment time and when bills must be submitted to the adjuster. On paper, the amount being offered by the adjuster could appear to be $10,000 under Open Medical. The reality though is that under Open Medical, the insurance company is only really paying $500-$1,000 to the claimant. The Open Medical tactic is for lack of a better term, a scam. So, if you’ve found yourself wondering, “ do I have a personal injury case ,” or “ should I settle my lawsuit ?” This article is for you.
Open Medical is bad for injury claimants for the following reasons:
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1. It allows the insurance company to settle for less than the medical bills. Typically, it takes a month for ER bills to be processed and sent out for payment. Meanwhile the insurance company is trying to settle directly with the claimants before they receive a bill, often just estimating as to the amount of the bills. Depending on the hospital and the trauma unit level involved, ER bills can range between $2,000-$30,000. So that offer from the insurance company to pay $10,000 in medical bills may sound great, unless your ER bill is $15,000. Once a claimant has settled with the insurance company for a set amount, the case is over, and it does not matter if the bills end up being more than the insurance company has agreed to pay.
2. It allows the insurance company to limit pain and suffering compensation to a minimal amount. With Open Medical, the insurance company pays a set amount for pain and suffering up front plus it agrees to pay medical bills incurred over a certain time period, such as six months. However, if a claimant keeps treating for these six months, under Open Medical the claimant has waived her right to receive any pain and suffering for this six month period. he $500-$1,000 the insurance company paid up-front is all that the claimant will receive for pain and suffering.
3. The insurance company determines on its own what is reasonable and necessary medical treatment.
If the insurance company does not believe that a bill incurred was for reasonable and necessary treatment, then the bill will go unpaid and the claimant will be responsible for payment of the bill from her own pocket. The claimant could always sue the insurance company for not paying the bill, but such a lawsuit will cost the claimant attorneys’ fees and
costs. There is no bad faith if the insurance company refuses to pay a bill and as such, any lawsuit would just be about payment of the bill, no additional damages to the claimant. So even though on paper the insurance company agrees to pay for $10,000 in treatment, it does not have to pay for any treatment if it deems such treatment unreasonable/unnecessary. Given that insurance companies have a financial incentive to pay as little money as possible on claims, it is understandable that adjusters are not going to want to pay full price on a bill. Unfortunately for claimants, whatever the insurance company is not going to pay will come out of their pockets in order to avoid bills going to collections.
Simply stated, Open Medical is a tactic used by insurance companies to settle claims for pennies on the dollar. Open Medical allows insurance companies to limit pain and suffering compensation to less than two weeks and avoid paying any bills it is not willing to accept as reasonable and necessary. To avoid the pitfalls of Open Medical, it is best to contact a Las Vegas personal injury attorney before entering into any negotiations with the insurance company for an injury claim.
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In the harrowing aftermath of a truck accident, clarity can be as elusive as justice. Read on to learn how a truck accident attorney can help.
Driving Under the Influence (DUI) is a criminal offense in every State. There are more than 10 different courts in Clark County and 6 courts in the Las Vegas Valley where DUI cases are heard. While each court operates slightly differently, the basic processes and timelines are the same. Most people who are arrested on DUI charges are released from custody (jail) within 24 hours of arrest and do not have to post bail. When one is taken to jail on a DUI arrest, a sample of their blood will generally be taken and sent to a lab for testing. The results are not available immediately and most people are released while the lab processes the blood. This could result in the process taking several months. When one is released from jail, it is common that the next date they would have to return to court is 6 months later. Many clients contact an attorney at this time, which is a smart way to ensure the case is handled properly. During this waiting period between being released from jail and going to court, it is important to take care of any issues with the DMV. The DMV and court system are separate, and the DMV may take action to restrict someone’s driver’s license before they even attend their first court date. An attorney can also help with the DMV process and, in some cases, prevent the license revocation. The first opportunity for the prosecutor to inform the judge if they are filing charges is at the first court hearing. At that time, one of three things will happen: the charges may be filed, the case may be dismissed, or the prosecutor may request more time to decide whether or not to file charges. The prosecutor has 1 year from the date of arrest to file those charges if he/she decides to do so. Most people who have hired an attorney choose not to attend this court date, and their attorney will appear for them. Anyone who does not have an attorney is required to appear in court. Once charges are filed- whether it is at the first court hearing or a subsequent hearing- the person and their attorney are entitled to the evidence in the case which includes the arrest report, the toxicology report, and body camera footage. The court will then give that person another date to come back to court for a hearing or trial, which can range from one month to six months later; depending on the court. A person charged with a DUI can review and discuss the evidence in their case with their attorney once the complaint has been filed. Most cases are “negotiated” at this time which means that the person chooses to accept certain consequences, such as paying a fine and taking driver safety classes. If the person does not wish to agree to particular consequences, they will have to go to trial. At a trial, the prosecutor calls witnesses- like the arresting officer and the toxicology expert- to prove that the person was driving under the influence. The accused and their attorney also get to ask those witnesses questions and present witnesses of their own, if they choose to do so. Once the evidence has been presented, the judge makes a decision as to whether or not the person is guilty. If they do indeed find them guilty, the judge imposes a sentence that could include fines, classes, or even jail time. It is part of an attorney’s duty to help their client understand these possible consequences as well as the likeliness of a judge finding them guilty at trial. The attorney should review the evidence with their client and explain the legal strengths and weaknesses of the case. Sometimes, the law does not match our common understanding of what it means to drive under the influence and an attorney helps translate the law into terms anyone can understand. Many people choose to accept negotiations instead of going to trial to have certainty in the outcome. Any requirements imposed by the judge, whether they were agreed to in negotiations or imposed at sentencing following a trial, must be completed and proof provided to the court in a certain time period. When all the requirements are complete, the prosecutor will check the person's criminal history to ensure they have not been arrested on any new charges since the start of the DUI case. If no new charges have been filed and all requirements are complete, the case can be closed. The time period to complete the requirements can range anywhere from one month to one year. The National Highway Traffic Safety Administration has recorded an increase in fatalities due to driving under the influence around the holidays for several years. As we head into this holiday season, give your loved ones the gift of staying safe on the roads. Don’t drive after drinking, or ingesting marijuana, or any other controlled substances. If you need help call the SAMHSA Helpline at 1-800-662-4357 for free, confidential advice and referrals 24/7, 365 days a year.
When I was a kid I absolutely LOVED to ride my bike. I dreamed of getting the cool Schwinn with 5 speeds, hand brakes, and the banana seat with sissy-bar and shiny chrome accessories for my birthday or Christmas. Riding a bike is a great way to stay in shape and to get you to your destination, whether it be a beach cruiser, a mountain bike, or a touring-type bike. However, over the past few years, the trend has turned to Electric Bikes. But as battery-powered bicycles grow in popularity, safety concerns are growing too. What are E-Bikes? The term "e-bike" refers to two-wheeled electric-motor-assisted bicycles. E-bikes are produced with all the features of a regular bicycle with the addition of an electric motor that generates less than 750 watts. There are basically three types of e-bikes: Class 1: The motor assists the rider only when the rider pedals, and it stops assisting at 20 mph. Class 2: The motor can propel the bicycle without the rider pedaling, up to 20 mph. Class 3: The motor assists the rider only when the rider is pedaling and stops assisting when the bike reaches 28 mph. An e-bike allows riders of any skill or fitness level to reach significant speeds. For reference, Tour de France riders average 25 to 28 mph on flat terrain. Riding an e-bike is significantly different from riding a conventional bike. First of all, e-bikes are much heavier because of the frame, the motor, and the battery. If you are considering purchasing an e-bike for your minor child, please take into consideration your child's ability to manage the weight when steering or in the event of a fall. Also, please take into consideration the acceleration and speed of an e-bike. Don't assume your child can operate an e-bike just because they know how to ride a conventional bicycle. ALWAYS make sure to wear a helmet when riding an e-bike. This protects the brain, head, and face from serious injuries in case of a crash. Make sure the helmet fits properly and that it's strapped on (not just worn like an uncomfortable hat). The helmet should be snug, level, and secure. E-bikes go fast. Riders should be aware of the terrain and road surface. Riding on dirt, sand or gravel is not the same as riding on a paved surface. The weight and speed of an e-bike on an unpaved surface pose a much higher risk for an injury-related crash. Riders must always make sure they obey all traffic safety laws and be cognizant of their surroundings at all times. E-bike riders should utilize hand signals and should be equipped with a headlight, a taillight, and reflectors. E-bikes can be a lot of fun if the rider follows all of the safety requirements listed herein. But they can also cause serious injuries or death if the rider is careless and does not take safety seriously. If you or someone you know has been injured while operating an e-bike, please contact me at Craig P. Kenny & Associates for a free consultation. Thank you very much for your loyalty and your referrals.
If you are someone who was around between 1994 and 2022, you may remember the popular sitcom Friends, which included a good-natured but somewhat unsophisticated character named Joey who famously said. “It’s like a cow’s opinion, it doesn’t matter. It’s Moo”. Although something being “Moo” is clearly not correct legalese, it is actually more common than most people realize to misuse, mispronounce, or misunderstand legal words and concepts. Here is a list of some of the most commonly misused, mispronounced, and misunderstood legal concepts and phrases: 1). ATTORNEY VS. LAWYER : These two words are commonly used interchangeably. However, they actually technically have different meanings. While all attorneys are lawyers, not all lawyers are attorneys. The word lawyer can describe anyone who has completed a law degree while an attorney refers to someone who has passed the bar exam, is eligible to be licensed, and can represent clients in a courtroom. 2). HEARSAY VS. WHAT YOU HEARD SOMEONE SAY : The word hearsay is so commonly used to describe gossip or to describe unverified statements made by someone other than the person repeating them. The correct use of the word hearsay is used to describe a type of testimony (someone speaking under oath). When a person speaking under oath repeats what someone else said or wrote down, this is hearsay. Technically, hearsay is inadmissible in a court hearing because of its unreliable character. However, there are types of speech that have earned enough credibility to qualify as an exception to hearsay which qualifies the speech as an exception to hearsay allowing it to be included as evidence. These types of speech include dying declarations, statements against the interest of the person speaking, business records, etc. 3). NEGLIGENCE VS. RECKLESSNESS : Commonly used similarly in conversation, these two words are actually technical opposites. When someone acts recklessly, that person is said to have known or should have known the risk or danger in what they are doing before continuing to do it. Oppositely, acting negligently refers to someone who simply fails to comply with the standards that a reasonable person would have under the same circumstances whether they acted deliberately with that knowledge or not. 4). SQUASH VS. QUASH : While someone can squash a bug or eat a squash with their meal, the word squash is not the correct phrase to use when attempting to clear a warrant. Rather, the correct phrase is to “quash a warrant”. 5). PAROLE VS. PROBATION : Both terms are used to refer to supervision for someone following a criminal conviction. Probation refers to out of custody supervision granted to someone in lieu of prison time, whereas parole can be granted to someone following the completion of at least some of the prison sentence with the promise that the released will maintain good behavior while free of custody. 6.) ASSAULT VS. BATTERY : Assault and Battery are two separate crimes that are often associated with one another and are often used incorrectly. It is not uncommon to hear someone say, “I was assaulted” meaning they were attacked. However this is an incorrect use of this word. While the crime of battery refers to the crime of actually physically harming someone, assault is the crime of causing someone to have a reasonable fear that they will be harmed imminently. In legal settings, knowing the correct meaning of words is important to ensure accurate communication and understanding. If you have any questions regarding the forgoing or need representations following an accident, injury, or arrest, please feel free to contact me directly at hprice@cpklaw.com.
Maybe...I’ll go into the details so that you can have a better understanding. First, I want to tell you about how you can end up in a situation where you think you’re doing the easy thing, but later on, you realize that you made a mistake. In my experience, insurance adjusters are like car salespeople. If you equate an open file to a car on the lot, you have a better understanding. An adjuster always told me that a happy file is a closed file. And for car sales, a happy situation is a signed contract. Someone injured in a car accident may accept a settlement from an adjuster at the accident scene. Have you ever seen a car that has the insurance company logo all over it on the highway? Some of those vehicles are known as “IRVs” (Immediate Response Vehicles). Like someone selling a car, the adjuster happens upon an accident scene after being called in from the branch office to speak with the injured victim. They promise the moon but deliver next to nothing. Insurance companies encourage their adjusters to settle claims quickly because they know that the longer the claim is open, the more exposure the company faces. The insurance companies start telling accident victims that they are entitled to money (“cash-out” is a term used by the insurance industry). Insurance companies settle cases quickly because the bottom line is that they are trying to save as much money as possible. Insurance companies also offer “open medical” which means they say they will pay for future treatment. However, many times the treatment you may receive might not be deemed “reasonable or necessary” by the insurance company. In which case, you will be on the hook for the medical bills. Here is an actual email that was received recently: The accident only happened a week ago. However, she signed an early offer from the liability carrier saying they will pay for up to $6,000.00 in treatment and then paid her about $2,500.00 on top of that. She signed it, sent it in and then deposited the money. Can this be withdrawn or at this point is she locked in to this deal since she has already agreed to it? Our legislature has tried to put an end to these insurance company tactics. NRS 10.185 provides as follows: 1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release: (a) Within 30 days after the event that initially caused his or her injury; and (b) Without the assistance or guidance of an attorney. 2. To void the release of liability pursuant to subsection 1, the releasor shall: (a) Sign a written notice disclosing the election of the releasor to void the release; and (b) Within 10 days after signing the notice (1) Send the original notice or a signed copy of the notice to the releasee; and (2) Return any consideration paid by the releasee. 3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee. 4. As used in this section: (a) “Personal injury” means any mental or physical injury. The term does not include property damage. (b) “Release of liability” means an agreement executed between a releasor and releasee. (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1. (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1. A release can be set aside under the law if it was signed within 30 days after an accident and the injured person signed it without the help of an attorney. You must send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any money you received from the company. You have a limited time-frame to do this. Please do not be a victim twice.
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By Billie-Marie Morrison, Esq. Workers' Compensation is a very unique area of law. It is considered Administrative Law because the process is created and controlled by the State of Nevada. Nevada is a no-fault system, which means even if the injury is a result of something you did (for example, you are driving for your job and you create a car/truck accident) your injuries are covered under workers' compensation and you may receive a financial recovery at the end of treatment if your claim is handled properly. Often times there is a 2nd part of a workers' compensation claim. This is known as a 3rd party claim and happens in more situations than people realize. It can be from a vehicle accident when you are not at fault, you are bitten by a dog while on the job, a slip and fall on the premises of a business that is different than the one you work for, you use the restroom in an office building where you work, and the restroom is not inside your office or if it is and it is not maintained and cleaned by co-employees, this could be covered. Many product defect cases are also linked to workers' compensation claims. These include injuries caused by machines that are not properly maintained by an outside company, a washer or dryer that has a design defect and does not turn off when they are supposed to or turn on when they are supposed to. More examples of defective workplace products are cranes, forklifts, elevators, scaffolding, air conditioning units, faulty electronic aspects of equipment, boom trucks, and machines that have safety off switches that cannot be reached in the case of emergency. The list goes on and on. When you have a workers' compensation claim, in 99.9% of the situations you cannot sue your employer, but there may be other entities to sue. To know this, you should always hire a workers' compensation attorney whose practice is primarily workers' compensation and is a certified specialist. I am fortunate because I am certified by the State Bar of Nevada as a Specialist in the area of Workers' Compensation, and also practice personal injury and products liability. If you have a workers' compensation injury, it is always best to hire a workers' compensation attorney immediately. You may lose benefits, and end up with medical providers that are not correct for your particular injuries, which will ultimately mean that you will receive less money in the end. It would also mean that the 3rd party claim is also overlooked. Don't let this happen to you. On the flip side, the disadvantage to you if you hire a personal injury attorney who does not practice Workers' Compensation can cause you to lose accepted body parts, allow the workers' compensation carrier to assign the incorrect average monthly wage to your claim, lose your opportunity to have life-time re-opening rights, and most importantly, you may be encouraged to not pursue the workers‘ compensation claim for wrong reasons; such as the medical treatment in a workers’ compensation claim is not as good as in the personal injury claim. This is absolutely false. Some of the very best doctors in Nevada take workers' compensation claims. My heart surgeon accepts workers’ compensation and I love him will all my heart…(pun intended)… So don't be fooled by this. Also, having practiced in the area of products defect, many attorneys do not recognize the potential product liability case. You can be driving your car or a work vehicle, cause a car accident, get injured by the airbag (or the airbag does not engage at all) and you will have a workers' compensation claim as well as a product injury claim. If you did not cause the accident, you can have a 3rd claim against the person who cause the car accident. All of this being said, if you are injured on the job, please seek the legal counsel of a workers' compensation attorney who is certified by the State Bar of Nevada as a Specialist in the area of Workers' Compensation, such as myself.
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Hayley Price is a knowledgeable and experienced attorney. Hayley made me feel like I was her only client; she gave me great advise and was ready to fight to resolve my case. I will without question refer Hayley to family and friends.
Thanks again Hayley – Anthony P.
These guys are great. Very efficient and handled what I needed very professionally. Highly recommended. – Autumn W.
A friend recommended I call them for my speeding ticket. The lady informed me since it was my first offense Las Vegas Municipal Court was already offering ticket reduction, no traffic school, and no points as long as I pleaded no contest and paid online. She could’ve easily gotten me for my $50 and I wouldve never known! She even walked me through the whole process online. I wish I could give this place 10 stars. – Amanda G.
They were super helpful I went to them when I got into a car accident they took care of everything and immediately set up an appointment to see some doctors super friendly staff. Car accidents can be super stressful and they made me feel welcomed and cared for. 10/10 would definitely recommend. Hopefully I have no more car accidents but if I do they’re my people to go to. – Rachell M.
I'm writing this review on behalf of my husband who was involved in a car accident with a drunk driver while he was coming home from work in a middle of the night. Because of the personal injuries and the car damage we contacted Craig P. Kenny & Associates. Lawrence E Mittin and his team were very committed in making the whole process so much easier for my husband who needed to see several doctors because of the injuries. In the end, my husband received a very nice settlement. Thank you for all the work Lawrence E Mittin! We will recommend this law firm to anyone in need. – Ioana R.
Paul Kirst with Craig P Kenny & Associates is an efficient, trustworthy personal injury lawyer who gets results! He recently handled a traffic violation for me smoothly and with exceptional results, even in the midst of common quarantine close-down challenges. I had the opportunity to interact with him during the process and enjoyed his tension-reducing humor, and appreciated his knowledge and understanding of the law and related court systems. Paul kept me updated through the process, explaining both the how's and the why's. His office was communicative and followed up faithfully by email and phone. They even sent reminders regarding the final court processing fees and deadline. The five star way that Paul resolved a small legal matter confirmed that I will return to his care should I need a top notch personal injury lawyer for a large matter. Thank you, Paul! – Teri A.
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In the harrowing aftermath of a truck accident, clarity can be as elusive as justice. Read on to learn how a truck accident attorney can help.
Driving Under the Influence (DUI) is a criminal offense in every State. There are more than 10 different courts in Clark County and 6 courts in the Las Vegas Valley where DUI cases are heard. While each court operates slightly differently, the basic processes and timelines are the same. Most people who are arrested on DUI charges are released from custody (jail) within 24 hours of arrest and do not have to post bail. When one is taken to jail on a DUI arrest, a sample of their blood will generally be taken and sent to a lab for testing. The results are not available immediately and most people are released while the lab processes the blood. This could result in the process taking several months. When one is released from jail, it is common that the next date they would have to return to court is 6 months later. Many clients contact an attorney at this time, which is a smart way to ensure the case is handled properly. During this waiting period between being released from jail and going to court, it is important to take care of any issues with the DMV. The DMV and court system are separate, and the DMV may take action to restrict someone’s driver’s license before they even attend their first court date. An attorney can also help with the DMV process and, in some cases, prevent the license revocation. The first opportunity for the prosecutor to inform the judge if they are filing charges is at the first court hearing. At that time, one of three things will happen: the charges may be filed, the case may be dismissed, or the prosecutor may request more time to decide whether or not to file charges. The prosecutor has 1 year from the date of arrest to file those charges if he/she decides to do so. Most people who have hired an attorney choose not to attend this court date, and their attorney will appear for them. Anyone who does not have an attorney is required to appear in court. Once charges are filed- whether it is at the first court hearing or a subsequent hearing- the person and their attorney are entitled to the evidence in the case which includes the arrest report, the toxicology report, and body camera footage. The court will then give that person another date to come back to court for a hearing or trial, which can range from one month to six months later; depending on the court. A person charged with a DUI can review and discuss the evidence in their case with their attorney once the complaint has been filed. Most cases are “negotiated” at this time which means that the person chooses to accept certain consequences, such as paying a fine and taking driver safety classes. If the person does not wish to agree to particular consequences, they will have to go to trial. At a trial, the prosecutor calls witnesses- like the arresting officer and the toxicology expert- to prove that the person was driving under the influence. The accused and their attorney also get to ask those witnesses questions and present witnesses of their own, if they choose to do so. Once the evidence has been presented, the judge makes a decision as to whether or not the person is guilty. If they do indeed find them guilty, the judge imposes a sentence that could include fines, classes, or even jail time. It is part of an attorney’s duty to help their client understand these possible consequences as well as the likeliness of a judge finding them guilty at trial. The attorney should review the evidence with their client and explain the legal strengths and weaknesses of the case. Sometimes, the law does not match our common understanding of what it means to drive under the influence and an attorney helps translate the law into terms anyone can understand. Many people choose to accept negotiations instead of going to trial to have certainty in the outcome. Any requirements imposed by the judge, whether they were agreed to in negotiations or imposed at sentencing following a trial, must be completed and proof provided to the court in a certain time period. When all the requirements are complete, the prosecutor will check the person's criminal history to ensure they have not been arrested on any new charges since the start of the DUI case. If no new charges have been filed and all requirements are complete, the case can be closed. The time period to complete the requirements can range anywhere from one month to one year. The National Highway Traffic Safety Administration has recorded an increase in fatalities due to driving under the influence around the holidays for several years. As we head into this holiday season, give your loved ones the gift of staying safe on the roads. Don’t drive after drinking, or ingesting marijuana, or any other controlled substances. If you need help call the SAMHSA Helpline at 1-800-662-4357 for free, confidential advice and referrals 24/7, 365 days a year.
When I was a kid I absolutely LOVED to ride my bike. I dreamed of getting the cool Schwinn with 5 speeds, hand brakes, and the banana seat with sissy-bar and shiny chrome accessories for my birthday or Christmas. Riding a bike is a great way to stay in shape and to get you to your destination, whether it be a beach cruiser, a mountain bike, or a touring-type bike. However, over the past few years, the trend has turned to Electric Bikes. But as battery-powered bicycles grow in popularity, safety concerns are growing too. What are E-Bikes? The term "e-bike" refers to two-wheeled electric-motor-assisted bicycles. E-bikes are produced with all the features of a regular bicycle with the addition of an electric motor that generates less than 750 watts. There are basically three types of e-bikes: Class 1: The motor assists the rider only when the rider pedals, and it stops assisting at 20 mph. Class 2: The motor can propel the bicycle without the rider pedaling, up to 20 mph. Class 3: The motor assists the rider only when the rider is pedaling and stops assisting when the bike reaches 28 mph. An e-bike allows riders of any skill or fitness level to reach significant speeds. For reference, Tour de France riders average 25 to 28 mph on flat terrain. Riding an e-bike is significantly different from riding a conventional bike. First of all, e-bikes are much heavier because of the frame, the motor, and the battery. If you are considering purchasing an e-bike for your minor child, please take into consideration your child's ability to manage the weight when steering or in the event of a fall. Also, please take into consideration the acceleration and speed of an e-bike. Don't assume your child can operate an e-bike just because they know how to ride a conventional bicycle. ALWAYS make sure to wear a helmet when riding an e-bike. This protects the brain, head, and face from serious injuries in case of a crash. Make sure the helmet fits properly and that it's strapped on (not just worn like an uncomfortable hat). The helmet should be snug, level, and secure. E-bikes go fast. Riders should be aware of the terrain and road surface. Riding on dirt, sand or gravel is not the same as riding on a paved surface. The weight and speed of an e-bike on an unpaved surface pose a much higher risk for an injury-related crash. Riders must always make sure they obey all traffic safety laws and be cognizant of their surroundings at all times. E-bike riders should utilize hand signals and should be equipped with a headlight, a taillight, and reflectors. E-bikes can be a lot of fun if the rider follows all of the safety requirements listed herein. But they can also cause serious injuries or death if the rider is careless and does not take safety seriously. If you or someone you know has been injured while operating an e-bike, please contact me at Craig P. Kenny & Associates for a free consultation. Thank you very much for your loyalty and your referrals.
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Email: ckenny@cpklaw.com
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