A dispute over whether a 14-year-old was riding a Class 3 e-bike or a motorized e-moto is central to a lawsuit stemming from a collision in Troy last summer. Johnathan Do was crossing Square Lake Road on his e-bike when a white GMC Canyon struck him, leaving him with six broken ribs, a partially collapsed lung and a bruised liver. Do later described believing he was already dead while pinned beneath the truck.
Dash-camera video reviewed by WXYZ showed Do riding on the sidewalk along John R Road before crossing Square Lake Road, where he was struck by the pickup. The station reported that the truck was a GM-owned company vehicle. Do and his family are suing the driver and General Motors, alleging both bear responsibility for the collision.
General Motors initially filed a countersuit against Do's parents but withdrew it Tuesday afternoon, per the same report. The company said in a statement that it was grateful everyone involved was safe and wished the family well, adding that it supports conversations about child and teen safety on e-bikes and similar motorized vehicles and will respect the legal process as the case moves through court.
A Mother's Memory, Still Vivid More Than a Year Later
Do's mother, Bich Nguyen, told WXYZ that the memory of learning about the crash remains vivid more than a year later. She said she hopes others will stay alert and speak up when something is wrong.
Do has described being unable to move while pinned beneath the truck. His attorney, Lawrence Kajy, told WXYZ that Do was trapped there for 15 minutes before a firefighter freed him.
Dispute Over E-Bike Versus E-Moto Classification
The legal dispute turns in part on what Do was riding. General Motors has argued that it was an e-moto, not an e-bike, and that an e-moto requires registration and licensing and cannot legally be operated by someone under 18, according to WXYZ. Kajy disputes that characterization, saying the vehicle was a Class 3 e-bike with a motor under 750 watts.
The classification could affect how the vehicle's use is assessed. Troy police have said Class 3 e-bikes are treated similarly to bicycles and are permitted on sidewalks, with riders required to be at least 14 and wear a helmet. Police did not cite Do, while the driver was cited for careless driving. Kajy said Do entered the crosswalk with the walk signal. The driver's attorney declined to comment, citing pending litigation.
Kajy also said GM owned the pickup and had given it to an employee as a perk, and he has argued that Michigan's owner's-liability statute and a negligent-entrustment theory apply to the automaker. Under Michigan's owner's-liability law, the owner of a motor vehicle can be held liable for an injury caused by its negligent operation unless otherwise provided. Kajy said the family is seeking damages for pain and suffering.
Michigan Grapples With E-Bike Safety Rules Statewide
Michigan law bars anyone under 14 from operating a Class 3 electric bicycle and requires riders under 18 to wear a properly fitted and fastened bicycle helmet meeting federal safety standards, according to the Michigan Legislature. Do's case is unfolding amid a broader statewide debate over e-bike safety. At least three Metro Detroit communities, a west Michigan city and Mackinac Island have moved to ban or regulate e-bike use in certain areas, and Michigan police are planning changes to crash reports so incidents involving e-bikes can be tracked more accurately, according to the Detroit News.
In a separate incident, two 15-year-old boys riding e-bikes encountered a cable across a business driveway in Verona Township at about 2:50 a.m. on Aug. 2, the Detroit Free Press reported. One boy was killed; the other managed to brake in time and escaped major injuries. The circumstances differed from the Troy crash, where Do was struck by a truck. Do's case against General Motors continues in court, with the dispute over his vehicle's classification unresolved.
