Trail Collisions: Liability When Joggers and Cyclists Collide
On a sunny weekend in Maine, it’s normal to see joggers, families with strollers, cyclists, and now e-bikes all sharing the same paved paths. The Eastern Prom Trail in Portland, the Bangor Waterfront, and rail trails across the state attract more users every year. But as electric bikes and scooters add higher speeds to crowded paths, the risk of serious collisions keeps growing.
When an e-bike hits a jogger, or two riders collide on a multi-use trail, the legal questions get complicated fast. At Peter Thompson & Associates, we help injured people understand who may be liable and how to protect their rights after a trail crash in Maine.
Why Shared Paths Are Getting More Dangerous
Multi-use paths were designed with human-powered bikes and walkers in mind. E-bikes change that equation:
- Class 1 and 2 e-bikes can assist riders up to about 20 mph, and Class 3 models can reach even higher speeds.
- Riders of varying skill levels now reach speeds that previously only experienced cyclists could maintain for short bursts.
- Trails often include blind curves, narrow bridges, and crowded trailheads where fast-moving bikes can surprise pedestrians.
Nationwide, emergency departments have reported a sharp rise in injuries tied to e-bikes and e-scooters, including fractures, head injuries, and internal trauma. Many involve collisions with pedestrians or other cyclists, not just single-rider falls.
For Maine residents and visitors, that means a leisurely run or ride can turn into a serious injury event.
Basic Rules of the Trail: Duty of Care
Liability on shared paths usually comes down to negligence—whether someone failed to use reasonable care under the circumstances.
On Maine trails, every user has a basic duty to:
- Travel at a safe speed for conditions
- Keep a proper lookout
- Maintain control of their bike, e-bike, or scooter
- Yield when required by signs or common sense
- Give an audible warning (bell or voice) when passing
- Follow posted trail rules (speed limits, no-e-bike sections, one-way areas, etc.)
When someone ignores those responsibilities and causes a crash, they may be legally responsible for the injuries and damages that follow.
When Is an E-Bike Rider Liable?
An e-bike rider can face liability when their speed, inattention, or rule-breaking causes a collision. Common scenarios include:
- Traveling far too fast near crowded trailheads or playgrounds
- Passing a jogger or slower cyclist without warning
- Weaving between families with strollers or dogs on retractable leashes
- Riding side-by-side with a friend and blocking the path
- Using a phone, earbuds, or texting while riding
- Entering a clearly posted no-e-bikes section or ignoring a speed limit
Because e-bikes can accelerate quickly, juries often see high-speed behavior around pedestrians as especially reckless. If the rider rented the e-bike from a shop or hotel that failed to provide basic safety instructions, that business may also share responsibility.
When Can a Traditional Cyclist Be at Fault?
Not every crash is the e-bike’s fault. Traditional cyclists also cause serious injuries when they:
- Bomb down hills at high speed with no line of sight
- Pass on the right or thread between a pedestrian and another bike
- Fail to ride single file on narrow sections
- Ignore “yield to pedestrians” signs
- Ride at dusk or dawn without lights
In a collision between two bikes—or a bike and a jogger—we look closely at speed, lane position, passing behavior, and visibility to determine who acted unreasonably.
What About Pedestrians and Joggers?
Pedestrians usually have the right of way, but they also have duties. A jogger or walker may share partial fault if they:
- Wear headphones so loud they cannot hear bells or verbal warnings
- Make sudden, unpredictable moves without checking behind them
- Walk or run several abreast on a narrow trail, blocking both directions
- Allow dogs or children to dart into the path without control
Maine uses modified comparative negligence. That means an injured person can still recover damages as long as they are not 50% or more at fault—but their recovery is reduced by their percentage of responsibility. So if a jury finds that a jogger was 20% at fault for darting left without looking, their damages are cut by 20%.
The Role of Municipalities and Trail Owners
Sometimes the way a trail is designed, built, or maintained contributes to a crash:
- Poorly marked intersections between trail and road
- Faded centerlines or confusing signage about which side to use
- Vegetation blocking sight lines at curves
- Dangerous surface conditions (large potholes, broken boards on bridges, or icy patches)
In some cases, a city, town, or private trail owner may share liability if they knew—or should have known—about a hazard and failed to fix it or warn users. Claims against governmental entities follow special rules and strict notice deadlines, so it’s important to talk with an attorney quickly.
Proving Fault After a Trail Collision
Trail crashes rarely involve a police reconstruction team, so evidence can disappear quickly. We encourage injured Mainers to:
- Call 911 if injuries are significant. A police report, even a brief one, helps document what happened.
- Get names and contact information for witnesses and all parties involved.
- Take photos and video of the scene: skid marks, trail signage, path width, weather, lighting, and injuries.
- Look for nearby cameras, including business, residential, or parking-lot cameras that may capture the collision or the moments before and after.
- Save the bike or e-bike, helmet, and any damaged gear. Do not rush to repair or discard them.
- Seek medical care immediately and follow all treatment recommendations, so the medical records clearly connect your injuries to the crash.
An experienced Maine personal injury attorney can then use this evidence—along with expert testimony on cycling safety, trail design, and biomechanics—to show exactly how the crash happened and who should be held accountable.
What Damages Can an Injured Person Recover?
If another trail user’s negligence injured you, you may recover compensation for:
- Medical bills (ER visits, imaging, surgery, rehab, future care)
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life (missed seasons of running, biking, or outdoor work)
- Scarring, disfigurement, or permanent impairment
- Property damage (bike repairs or replacement, gear, phone, etc.)
In particularly egregious cases—for example, an e-bike rider racing recklessly through a crowded family event—punitive damages may also be available.
How Peter Thompson & Associates Helps After a Maine Trail Crash
At Peter Thompson & Associates, we represent injured cyclists, e-bike riders, and pedestrians throughout Maine. When you hire us after a trail collision, we:
- Conduct a thorough investigation of the crash scene and trail conditions
- Interview witnesses and locate surveillance or phone video
- Analyze trail rules, municipal ordinances, and any applicable e-bike regulations
- Work with medical and engineering experts to document the full extent of your injuries
- Negotiate aggressively with insurers—or take the case to court if necessary
We understand Maine’s trail culture and the realities of shared paths with mixed speeds. Our goal is to protect your rights, secure fair compensation, and encourage safer behavior on the trails we all enjoy.
Injured on a Maine Trail by an E-Bike or Cyclist?
If an e-bike, cyclist, or jogger collided with you on a Maine path—whether along Portland’s waterfront or on a quiet rail trail—don’t assume it was “just an accident.”
Contact Peter Thompson & Associates for a free consultation. We’ll review what happened, explain your legal options, and help you pursue the compensation you need to heal and move forward.