Stand-up comedian Kenny DeForest died on December 13, 2023 from an e-Bike accident on December 8. He underwent neurological surgery “to remove a piece of his skull and relieve pressure from a brain bleed” according to a GoFundMe page that was set up for his medical expenses.
Initially, the accident was believed to be a hit and run, but witness accounts and EMS reports have led family and friends to believe that DeForest died from crashing his e-bike. The accident occurred near Brooklyn’s Prospect Park at the intersection of Rogers Avenue and Sterling Place.
Considering the number of defects with these bikes, this is a likely cause of the accident that ended a promising comedian’s life. Design flaws, defective parts, and failure to meet U.S. safety standards have resulted in numerous recalls for e-Bikes from a number of manufacturers, including Lectric EBikes, Murf, and Gyoor. Some of these problems have the potential to cause severe injury or death, as in the case of Kenny DeForest.
Were you or a member of your family injured from a defective e-Bike? Did you lose a loved one due to an accident that was caused by an e-Bike accident? If so, it’s essential to speak to an attorney who can investigate the cause of the accident and help you determine the best course of action. The e-Bike accident lawsuit attorneys of Normandie are here to assist you, so please contact us for a free consultation.
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Why are E-Bikes so Dangerous?
Crash incidents are very common among e-Bike riders, and many of these accidents are traced to a defect that occurred during the manufacturing process. Defective brake parts are a leading cause of e-bike accidents, along with sudden acceleration and deceleration caused by issues with the motor.
Riders can also be injured from overheating of the lithium-ion batteries that are used to power these bikes. When these batteries overheat, they can emit toxic gases, catch fire, or explode, which puts the rider and innocent bystanders at risk of serious, life-altering injuries.
There’s no denying the popularity of e-bikes among teenagers and adults, but it’s important to recognize that these are motorized vehicles that should not be operated by inexperienced riders. In addition, manufacturers have the highest degree of care to the consumers that purchase their products. These companies are liable for acts of negligence, like poor design, using cheap parts and failure to follow federal guidelines.
Injuries Associated with E-Bikes
Any kind of accident involving an e-bike has the potential to cause serious damage to many parts of your body. Here are the most common injuries that can happen while operating an e-bike:
- Broken bones
- Burn injuries
- Traumatic brain injury
- Rupturing of the internal organs
- Shoulder fracture
- Broke hip or pelvis
- Knee dislocation
- Deep cuts, permanent scars, and other disfiguring injuries
- Neck or spinal cord injury
- Loss of consciousness / coma
- Death
Can I Sue for an Accident that was Caused by a Defective E-Bike?
Yes, you can sue for an e-Bike accident if an individual or entity other than yourself was responsible for the accident. Alternatively, you can file a lawsuit if your loved one passed away from an e-Bike accident that was caused by someone else’s negligence.
Who you can sue depends on the cause of the accident. Initially, it was believed that Kenny DeForest’s accident was caused by another driver. In that case, the liable entity, i.e. the one you can sue, is most likely the driver of the other vehicle. But EMS reports and statements from witnesses show that there may be another cause for the accident.
With e-Bikes, there is a high possibility that mechanical defects, like faulty parts and electrical wiring, are the cause of a serious accident. Ultimately, if there was a problem with the bike that existed before it was sold to the consumer, the manufacturer is generally at fault. In some cases, the company that deigned the bike, the seller, and other parties may be responsible as well.
Our legal experts have many years of investigative experience with defective product claims. We are ready to hear your story and help you determine who is responsible for your harm and suffering, whether you are the accident victim or a surviving family member. Call us today and schedule a free case evaluation with a product liability injury attorney.
Average Case Value of a Product Liability Lawsuit
Lawsuits involving bodily harm from an unsafe product are worth $15,000 to $250,000 if there are no permanent injuries and $500,000 to $3,500,000 if the victim is disabled or dies as a result of the accident. Compensation for a wrongful death lawsuit can exceed $10,000,000 based on the losses that are incurred by the family members due to the victim’s passing.
Settlements for a product manufacturer negligence claim are based on the total sum of monetary damages that the victim or their loved ones are entitled to. These include:
- Cost of medical expenses
- Funeral expenses
- Lost wages
- Loss of expected income and/or benefits
- Property damage
- Pain and suffering / emotional distress
- Loss of consortium
- Legal fees
- Punitive damages
Contact our office to speak to an attorney, who can help you figure out the damages you can ask for in a lawsuit against an e-bike manufacturer.
How Long Do these Cases Take to Settle?
A bike accident injury case may be settled in 4 to 6 months if you have minor to moderate injuries, but lawsuits for serious bodily harm can take 1 to 2 years. If you are seeking wrongful death benefits, these cases usually take 12 months or longer to settle. Much of the timeline depends on whether the manufacturer is willing to admit liability and offer a fair settlement amount.
If there is continued resistance by the product maker, we may have to take your case to trial. However, more than 95% of all our cases are settled before the trial date. Frankly, reaching a settlement out of court is in everyone’s best interest, but if a trial is necessary, a wrongful death or personal injury lawsuit can take over 3 years to settle.
What is the Deadline for a Defective Product Injury Case?
In California, you must file a personal injury claim within 2 years from when you are injured in an accident. Or, if you have a health condition that appears after the 2-year mark, you have 1 year from the discovery of the injury to file a lawsuit. If you are filing for compensation on behalf of a deceased spouse or family member, you must do so within 2 years from the date of death.
Considering the amount of time and effort that’s needed to prepare a lawsuit, it’s in your best interest to find an e-bike accident injury attorney right away. This way, you can build a solid case for liability by the manufacturer and ensure that your lawsuit is filed within the statutory deadline.
Contact Our Law Firm
Normandie Law Firm has been fighting for the rights of accident victims and their loved ones for several decades. We understand how devastating an unexpected injury can be for your health and finances.
No one should be without legal representation if they were harmed as a result of negligence by an e-bike manufacturer. That’s why we have a Zero Fee Guarantee that provides you with free legal services from the very first consultation. We put up the costs associated with your lawsuit and wait to receive a portion of your settlement check as payment. In essence, you are never charged for legal fees, and the only way we get paid is if you get paid.
We are ready to meet with you for a free initial case review, so please give us a call. If you have a lawsuit in the works and need advice from another attorney, don’t hesitate to contact us for a free second opinion.
Other Pages on Our Website Related to This Topic
Bicycle Rental Injury Lawsuit – for Renting Broken or Defective Bikes Resulting in Injury
Back Pain After Car, Truck, Motorcycle, Bike Accident
Numbness Arms, Legs After Car, Truck, Motorcycle, Bike Accident
