Dr. Marcus Webb
An e-biker has recently filed a civil suit against the Victoria Police Department after being involved in a collision with a police vehicle. The incident took place on January 6, 2023, when the e-biker allegedly ran a red light and failed to pull over despite officers activating their lights and sirens.
According to the lawsuit filed by Alkido Pashollari, they were knocked off their bike and immediately rushed to the hospital. Pashollari admitted to running a red light at the intersection of Gorge Road West and Harriet Road but claimed that they assumed the police vehicle would pass them by. However, the officer drove alongside Pashollari and collided with them, knocking them to the ground.
The collision resulted in a dislocated shoulder for Pashollari, rendering them unable to work for two weeks. In addition, their electric downhill mountain bike was confiscated by the police and has yet to be returned. Pashollari is seeking compensation of nearly $17,000, which includes damages for pain and suffering, lost wages, and the bike’s repair costs.
Initially, the Victoria Police Department denied the allegations in its response to the civil suit. However, in a recent amendment to their response, the department argued that they cannot be held legally responsible as the City of Victoria is the entity accountable for their conduct. They further stated that it is too late to sue the city since actions against a municipality must be initiated within six months.
The Victoria Police Department admitted that their officers did collide with Pashollari on the e-bike after Pashollari ran the red light. They claimed that their intention was to stop Pashollari from fleeing and used their police vehicle to make contact with the rear-wheel of the e-bike. The department maintained that the level of force used was necessary in the given circumstances and attributed any injuries sustained by Pashollari to their violation of traffic laws.
As of now, the department has not provided any clarification on whether intentional vehicle contact is a common practice or when it would be deemed appropriate. The lawsuit remains ongoing, with both parties presenting their arguments in court.
The incident involving the e-biker and the Victoria Police Department highlights some of the issues related to e-bike usage and the responsibilities of law enforcement agencies.
The e-bike industry has experienced significant growth in recent years, with an increasing number of people opting for electric bikes as a mode of transportation. E-bikes provide an eco-friendly and convenient alternative to traditional bicycles, especially for commuting in urban areas. According to market forecasts, the global e-bike market is expected to reach a value of over $46 billion by 2026, indicating the growing demand for these vehicles.
However, with the rise in e-bike usage, there have been concerns regarding safety and regulations. In many jurisdictions, e-bikes are subject to similar traffic laws as traditional bicycles, such as obeying traffic signals and yielding to emergency vehicles. Failure to comply with these laws can result in accidents and potential legal consequences.
The incident in question raises questions about the police department’s actions and the level of force used. While law enforcement agencies have the authority to stop individuals who violate traffic laws, the use of intentional vehicle contact to apprehend a suspect is a contentious issue. The lawsuit filed against the Victoria Police Department brings attention to the need for clarity and guidelines regarding when and how such tactics can be employed.
The case also highlights the importance of accountability within law enforcement agencies. The department’s argument that the City of Victoria is responsible for their conduct raises questions about who should bear the legal consequences for actions taken by police officers. This raises broader discussions about police accountability and the division of responsibility between individual officers and the municipalities they serve.
As the lawsuit progresses, it will be interesting to see how the court interprets the events and whether it sets any precedents regarding the use of force by law enforcement agencies. Clarifying the guidelines for stopping individuals on e-bikes and determining the liability of police departments in such cases can contribute to safer interactions between law enforcement and e-bike riders.
For more information on the e-bike industry and related issues, you can visit the following links:
E-bike market forecast
Electric bikes – Overview and benefits
National Highway Traffic Safety Administration – Electric bikes
