Father Of Son Involved In E-Bike Accident Seeking Over $50,000 In Lawsuit

An island resident is seeking over $50,000 in damages on behalf of his son who was involved in an e-bike accident last July that left him with “serious and permanent injuries." The boy was riding as a passenger on an e-bike that his friend was operating when they collided with a 2017 Ford Transit on Somerset Road.

The civil lawsuit, which was filed in Nantucket Superior Court by Jonathan Heneke, accuses Sergio Estevez Mejia and Richard Tejada (the operator and the owner of the Ford Transit, respectively), along with Michael Occhiuto (the father of the boy who was operating the e-bike) of negligence.

The litigation underscores the complexity and increase in the number of accidents involving e-bikes, and who can be held accountable for damages when they happen.

The crash occurred while the two boys were traveling eastbound on Manchester Circle on the e-bike as they entered the intersection of Somerset Road and Roberts Lane. At that same time, Mejia was operating the Ford Transit (owned by Tejada) and traveling northbound on Somerset Road.

Heneke alleges in the lawsuit that Mejia had permission to drive the Ford Transit from Tejada and at around 1:15 p.m. on July 13, 2023, the accident occurred.

“As a result of the collisions, plaintiff suffered serious and permanent injuries of body and mind, incurred expenses for medical care and attendance, lost wages and/or earning capacity, suffered lost enjoyment of life, and was otherwise harmed,” the suit alleges.

Heneke accused Mejia of “not paying proper attention to his surroundings” and that he owed “a heightened duty of care to pedestrians, including electric bike riders, owed a duty to the plaintiff, as well as to the public at large, to operate his motor vehicle safely and/or act with due care,” and accused Mejia of choosing not to operate his vehicle safely, which he said resulted in the collision with the electric bike.

“As a direct and/or proximate cause of defendant Sergio Estevez Mejia's negligent acts and/or omissions, plaintiff suffered serious injuries of body and mind, incurred expenses for medical care and attendance, lost earning capacity, suffered other financial losses and was otherwise harmed,” the suit claims.

As for Tejada, the lawsuit claims that he is responsible under Massachusetts law for the actions of Mejia after willingly lending his vehicle to him to operate.

As for the minor who was operating the e-bike, Heneke said the individual owed a duty to his son to operate the e-bike safely, to be paying proper attention to his surroundings, to avoid distractions, and accused him of unsafely entering an intersection – which he says led to the collision.

“Plaintiff prays that this court enter judgment in his favor against the defendants, Sergio Estevez Mejia, Richard Tejada and (the minor), by his father and next friend, Michael Occhiuto, on all counts, plus interest and costs of this action and such other relief as this honorable court deems just and proper, so that the defendants may be deterred from such actions in the future,” the lawsuit concludes.

Heneke is demanding a jury trial on all triable issues.