If your child was hurt on an e-bike, you have legal options — even if no car was involved. Michigan law can provide compensation for your child’s medical bills, pain, and long-term care through no-fault PIP benefits, a third-party injury claim against a negligent driver, or a product liability claim if the bike itself failed. Here’s what Detroit-area parents need to understand right now.
Pediatricians at Children’s Hospital of Michigan and other Detroit-area trauma centers are sounding the alarm. As reported by FOX 2 Detroit, a Detroit pediatric doctor is seeing a sharp rise in e-bike injuries among children — fractures, head trauma, and road rash serious enough to require surgery. These aren’t minor scrapes. The doctor’s concern is that parents are underestimating how fast these bikes go and what happens when a child falls or gets hit at those speeds.
If your family is dealing with this right now, a Detroit bicycle accident lawyer can help you figure out who’s responsible and what your child is entitled to. And if you’re still gathering information, our broader page on being a Michigan bicycle accident lawyer explains how these cases work statewide.
Why E-Bike Injuries in Children Are Different
E-bikes look like regular bicycles. They don’t sound like motorcycles. Parents often hand them off the same way they’d hand off a Trek or a Huffy — and that’s where the danger starts. A Class 2 e-bike can reach 20 mph with no pedaling. A Class 3 tops out at 28 mph. At those speeds, a child who loses control or gets clipped by a car hits the pavement with far more force than a traditional bike crash.
According to the CDC’s injury surveillance data, traumatic brain injury is the leading cause of bicycle-related death in children. E-bikes multiply that risk because they go faster than most kids expect — and faster than many drivers expect to see a bike moving through an intersection.
Detroit’s streets add another layer. Gratiot Avenue, Seven Mile, and East Warren Avenue see heavy traffic. Bike lanes are inconsistent. And the mix of vehicles, uneven pavement, and limited sightlines at intersections creates real hazards for any cyclist, let alone a child on a bike that can hit near-motorcycle speeds.
The Three Ways a Child E-Bike Injury Becomes a Legal Claim
Not every e-bike injury leads to a lawsuit, but many of them do lead to one of three types of legal claims:
- No-fault PIP claim — Michigan’s no-fault law (MCL 500.3107) requires that auto insurance cover medical expenses for anyone injured in a crash involving a motor vehicle. If a car was anywhere in the picture — even if it didn’t hit your child directly — PIP benefits may be available to pay for hospital bills, rehabilitation, and in-home care.
- Third-party negligence claim — If a driver caused the crash, you can file a separate claim against that driver for pain, suffering, and other non-economic damages. Under MCL 500.3135, your child’s injuries generally need to meet a threshold of serious impairment to bring that claim. Fractures, head injuries, and surgeries typically qualify.
- Product liability claim — If the e-bike malfunctioned — a brake failure, a throttle that stuck, a battery that overheated — the manufacturer or seller may be liable regardless of whether a car was involved. These claims don’t require proving driver negligence; they require proving the product was defective.
Which path applies depends on exactly what happened. That’s a conversation worth having with an attorney before the insurance company frames the situation for you.
What Michigan Law Says About E-Bikes
Michigan law classifies e-bikes into three classes based on speed and how the motor engages. Class 1 and Class 2 bikes are treated similarly to regular bicycles under state law. Class 3 bikes — the fastest ones — have more restrictions.
For children specifically:
- Riders under 16 are prohibited from operating a Class 3 e-bike in Michigan.
- Anyone under 18 must wear a helmet when riding any class of e-bike.
- E-bikes are generally permitted on roads and in bike lanes, but local ordinances can restrict them from certain paths.
If your child was riding a Class 3 bike and is under 16, that fact doesn’t eliminate your claim — but it does complicate the picture. An insurance company may try to use it to reduce what they pay. That’s exactly the kind of argument you need an attorney to push back on.
For a deeper look at how Michigan treats e-bike riders legally, our post on what to do after an e-bike injury in Metro Detroit covers the steps in detail.
What Parents Should Do Right After the Crash
The first hours after a crash matter for your child’s health and for any future claim. Here’s what to do:
- Call 911. Get a police report. Even if the injuries seem minor at first, get the report on record.
- Seek emergency medical care immediately. Internal injuries and concussions often don’t show symptoms right away.
- Take photos of the scene, the e-bike, your child’s injuries, and any vehicles involved.
- Get the name, license plate, and insurance information from any driver involved.
- Keep every medical record, bill, and receipt — including follow-up appointments and any missed school or therapy sessions.
- Do not give a recorded statement to any insurance company before speaking with an attorney.
That last point is where families lose money. Insurance adjusters are trained to ask questions in ways that minimize the payout. A recorded statement made in the first day or two — when you’re still in shock — can be used against your claim later.
If the Other Driver’s Insurance Calls First
They will be polite. They may express concern for your child. They will also be working to settle the claim as cheaply and quickly as possible. You can tell them you’re represented by an attorney, or that you need time to speak with one, without saying anything else. You are not required to speak with them right now.
How Serious Are These Injuries, Really?
The FOX 2 story focused on this question — and the answer from the pediatric doctor was direct. Children are presenting with injuries that look more like car accident trauma than typical bike falls. Broken arms and wrists from trying to break a fall. Facial fractures. Head injuries that require CT scans and sometimes surgery. Some kids are coming in with injuries that will require months of physical therapy.
NHTSA data shows that bicyclists account for roughly 2% of all traffic fatalities annually, but that share has been climbing as e-bike use grows and more riders are sharing roads designed for cars. Children are among the most vulnerable because their protective instincts and reaction times aren’t fully developed.
We’ve written about a similar situation in Warren — an 8-year-old who broke his jaw in an e-bike crash — and the legal issues that followed in that case parallel what many Detroit-area families are facing now.
What Compensation Can a Child Injury Claim Include?
Michigan law allows injury claims for children to include:
- Medical bills — past and future, including specialist care, surgery, and rehabilitation
- Pain and suffering — when the serious impairment threshold is met under MCL 500.3135
- Emotional distress — particularly relevant in cases involving trauma, scarring, or lasting fear of being outside
- Lost future earning capacity — in severe cases where the injury affects a child’s development
- Home care and parental lost wages — if a parent had to leave work to care for an injured child
A parent can also bring what’s called a loss of consortium claim in some circumstances. These are fact-specific, and the strength of each element depends on the medical records you’ve preserved and the quality of documentation from day one.
Frequently Asked Questions
My child was riding the e-bike when they got hurt. Can we still file a claim?
Yes. The fact that your child was the rider doesn’t automatically prevent a claim. If a driver was negligent, if the road was in a dangerous condition, or if the e-bike itself malfunctioned, there may be a valid claim against a party other than your child. Michigan law also considers comparative fault — even if your child shares some responsibility, a claim may still recover damages.
Does Michigan no-fault insurance cover e-bike injuries?
It depends on whether a motor vehicle was involved in the crash. If a car, truck, or SUV contributed to the crash — even without direct contact — the auto insurance no-fault system under MCL 500.3107 may apply. If the crash was purely a fall with no vehicle involved, no-fault typically doesn’t apply, and you’d look at health insurance, product liability, or premises liability instead.
What if my child wasn’t wearing a helmet?
Michigan does require helmets for riders under 18 on e-bikes. Not wearing one could be raised as a factor in comparative fault, which might reduce the damages recovered. It doesn’t eliminate the claim entirely. An attorney can assess how much weight that argument actually carries given the specific facts of your case.
How long do we have to file a claim for our child’s injuries?
Under MCL 600.5805(2), the general statute of limitations for personal injury in Michigan is three years. However, Michigan has special tolling rules for minors — the clock may not start running until your child turns 18 in some circumstances. That doesn’t mean you should wait. Evidence disappears, witnesses move, and memories fade. Talking to an attorney early protects your options.
The e-bike was a gift and we don’t know who sold it. Does that matter?
It can, but it doesn’t necessarily end a product liability claim. An attorney can help trace the supply chain — manufacturer, importer, distributor, retailer — to identify who is legally responsible if the product was defective. This is a more complex path than a driver-negligence claim, but it’s a real one.
Should I be worried about filing a claim against my own insurance?
Some parents hesitate because they think a claim will raise their premiums or create problems with their insurer. Michigan’s no-fault system has specific rules about how PIP benefits work, and in many situations a claim for your child’s medical expenses is exactly what you’ve been paying premiums for. An attorney can walk you through how filing a claim would actually affect your policy before you make any decisions.
If your child was hurt on an e-bike, talk to us before you sign anything or give a recorded statement. Khamo Law, PLLC offers a free consultation — call 248-466-0606 or message us through the contact form. We serve Detroit and the surrounding metro area, including Sterling Heights, Warren, and Troy.